Re: [Full-disclosure] Re: The Wireless Networking Excuse

2005-08-29 Thread Valdis . Kletnieks
On Mon, 29 Aug 2005 21:33:06 CDT, womber said:

> It is an interesting point. I have thought about it myself in the
> context of having my personal access point open to the public and if
> someone hopped on and downloaded something.
> Would I be resposible if they tracked it back to my AP?

Anybody who tries the "The giant pink iguana with a pringle's can did it"
defense had better make damned sure they can prove in a court of law that
there was indeed a giant pink iguana.  And at that point, you may have to
explain why you knowingly provided access to allow the commission of a
crime - "aiding and abetting" isn't someplace you want to be..


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Re: [Full-disclosure] Re: The Wireless Networking Excuse

2005-08-29 Thread fd


On Mon, 29 Aug 2005, womber wrote:

> On 8/29/05, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote:
> > Has anyone examined the idea of using a public hotspot on a local 
> > network to shield BSA, RIAA, MPAA lawsuits? Since the tracking 
> > stops at the public facing IP, who is to say it wasn't some 
> > freeloader downloading the warez? 
> > 
> > Just looking for some feedback on this one...
> 
> It is an interesting point. I have thought about it myself in the
> context of having my personal access point open to the public and if
> someone hopped on and downloaded something. Would I be resposible if
> they tracked it back to my AP? I am not a legal expert by any means but
> I would think it would be comparable to someone using my phone to make a
> harasing call. Although I am not sure how that would be ruled either.

I am not an attorney and this is not legal advice -- I have heard that
there is case law supporting that unsecured wireless communication are
public domain, just as wireless telephone conversations are not considered
privileged by the Court.  If this is the case, then anyone with default
wireless router settings are a legal public hotspot.  If there is an
attorney on this list I would love to read the actual opinion of this
(these) alleged case(s).  Currently, this information must be considered
hearsay.

In the Portland area we have so many WAPs which are open that all we need
to do is create wireless-bridging/routing points to route packets between
overlapping wireless networks.  In many cases, this wireless MAN would be
faster point-to-point than going out the Internet and back to its
destination.  Since this MAN would be behind routers for the most part,
bring your own firewall ;) -- Does anyone know of decent (cheap) low-power
microcontrollers having 802.11 with I/O >5Mbit which support Linux?

-Eric


-- 
Eric Wheeler
Vice President
National Security Concepts, Inc.
PO Box 3567
Tualatin, OR 97062

http://www.nsci.us/
Voice: (503) 293-7656
Fax:   (503) 885-0770

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[Full-disclosure] Re: The Wireless Networking Excuse

2005-08-29 Thread womber
On 8/29/05, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote:
> Has anyone examined the idea of using a public hotspot on a local 
> network to shield BSA, RIAA, MPAA lawsuits? Since the tracking 
> stops at the public facing IP, who is to say it wasn't some 
> freeloader downloading the warez? 
> 
> Just looking for some feedback on this one...


It is an interesting point. I have thought about it myself in the
context of having my personal access point open to the public and if
someone hopped on and downloaded something.
Would I be resposible if they tracked it back to my AP?
I am not a legal expert by any means but I would think it would be
comparable to someone using my phone to make a harasing call.
Although I am not sure how that would be ruled either.
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