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Wireless Networking - Wireless network legality

 
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Old 04-14-2006, 09:51 PM   #1
Default Wireless network legality


If another computer user connects to my unsecured wireless network,
what is the legality of the situation? I am a UK citizen.

thank you



bassetrox@moose-mail.com
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Old 04-14-2006, 10:25 PM   #2
FedUp
 
Posts: n/a
Default Re: Wireless network legality
On 14 Apr 2006 13:51:23 -0700, wrote:

> If another computer user connects to my unsecured wireless network,
> what is the legality of the situation? I am a UK citizen.
>
> thank you


I'm not sure if UK citizens can be held legally responsible for stupidity
for not securing their wireless network. Maybe you should consult a
barrister.


FedUp
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Old 04-14-2006, 10:57 PM   #3
Doug Sherman [MVP]
 
Posts: n/a
Default Re: Wireless network legality
Don't know about the UK, but in Florida the St. Pete Police think it's a 3rd
degree felony:

http://abcnews.go.com/Technology/wireStory?id=915076

Doug Sherman
MCSE, MCSA, MCP+I, MVP

<> wrote in message
news: oups.com...
> If another computer user connects to my unsecured wireless network,
> what is the legality of the situation? I am a UK citizen.
>
> thank you
>





Doug Sherman [MVP]
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Old 04-15-2006, 12:05 AM   #4
James Gockel
 
Posts: n/a
Default Re: Wireless network legality
That is so stupid. If you don't secure your network your asking for it. And
with just having your laptop on and driving down the street you can
accidentally connect to a network, because of Windows Zero Config, or even
other wireless utilities. Or even a palm pilot or other pda with wifi
capability.
From what I know, the actual point of where it becomes illegal, is the
actual use of the router's processing power. So actually if you can sniff
the air without connecting to the router, it's not illegal.
Now, I have to mention, I'm not a lawyer, this is all only what i've heard.
If you get caught sniffing and in your state it's illegal, that's your own
fault. I think these laws should be changed, to what the specifics of what
is illegal, but I am only one man.
If you have any questions about legality of wireless networks and sniffing
you should go to your city center and ask for some legal council. They can
direct you from there.
-James G.



"Doug Sherman [MVP]" <> wrote in message
news:...
> Don't know about the UK, but in Florida the St. Pete Police think it's a
> 3rd
> degree felony:
>
> http://abcnews.go.com/Technology/wireStory?id=915076
>
> Doug Sherman
> MCSE, MCSA, MCP+I, MVP
>
> <> wrote in message
> news: oups.com...
>> If another computer user connects to my unsecured wireless network,
>> what is the legality of the situation? I am a UK citizen.
>>
>> thank you
>>

>
>





James Gockel
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Old 04-15-2006, 06:41 PM   #5
Doug Sherman [MVP]
 
Posts: n/a
Default Re: Wireless network legality
Oops - looks like Gregory Straszkiewicz in Isleworth, U.K. was convicted for
unauthorized use of unprotected residential wireless LANs in July of 2005.
He was fined $874 and got a 12-month conditional discharge:

http://www.computerworld.com/mobilet...,103774,00.htm
l

Oddly - I am unable to discover the disposition of the Florida - maybe there
hasn't been one yet.

Obviously, many people feel that an unprotected wireless access point = an
implicit invitation to connect. Presumably, prosecutions are being pusued
based upon new state or national laws rather than ancient larceny statutes.
Also presumably, these new statutes vary considerably and it will be
interesting to see how different courts interpret them under different fact
situations. In the mean time - yes, be sure you know and at least think you
understand your local laws. It is probably worth noting that almost all
criminal offenses require some kind of criminal intent - a truly accidental
connection cannot be a crime.

Doug Sherman
MCSE, MCSA, MCP+I, MVP


"James Gockel" <flibbertigibbet007_at_hotmail_dot_com> wrote in message
news:...
> That is so stupid. If you don't secure your network your asking for it.

And
> with just having your laptop on and driving down the street you can
> accidentally connect to a network, because of Windows Zero Config, or even
> other wireless utilities. Or even a palm pilot or other pda with wifi
> capability.
> From what I know, the actual point of where it becomes illegal, is th
> actual use of the router's processing power. So actually if you can sniff
> the air without connecting to the router, it's not illegal.
> Now, I have to mention, I'm not a lawyer, this is all only what i've

heard.
> If you get caught sniffing and in your state it's illegal, that's your own
> fault. I think these laws should be changed, to what the specifics of what
> is illegal, but I am only one man.
> If you have any questions about legality of wireless networks and sniffing
> you should go to your city center and ask for some legal council. They can
> direct you from there.
> -James G.
>
>
>
> "Doug Sherman [MVP]" <> wrote in

message
> news:...
> > Don't know about the UK, but in Florida the St. Pete Police think it's a
> > 3rd
> > degree felony:
> >
> > http://abcnews.go.com/Technology/wireStory?id=915076
> >
> > Doug Sherman
> > MCSE, MCSA, MCP+I, MVP
> >
> > <> wrote in message
> > news: oups.com...
> >> If another computer user connects to my unsecured wireless network,
> >> what is the legality of the situation? I am a UK citizen.
> >>
> >> thank you
> >>

> >
> >

>
>





Doug Sherman [MVP]
  Reply With Quote
Old 04-16-2006, 04:49 AM   #6
Jack
 
Posts: n/a
Default Re: Wireless network legality
Hi
http://arstechnica.com/news.ars/post/20050707-5068.html
Jack (MVP-Networking).

"Doug Sherman [MVP]" <> wrote in message
news:...
> Oops - looks like Gregory Straszkiewicz in Isleworth, U.K. was convicted
> for
> unauthorized use of unprotected residential wireless LANs in July of 2005.
> He was fined $874 and got a 12-month conditional discharge:
>
> http://www.computerworld.com/mobilet...,103774,00.htm
> l
>
> Oddly - I am unable to discover the disposition of the Florida - maybe
> there
> hasn't been one yet.
>
> Obviously, many people feel that an unprotected wireless access point = an
> implicit invitation to connect. Presumably, prosecutions are being pusued
> based upon new state or national laws rather than ancient larceny
> statutes.
> Also presumably, these new statutes vary considerably and it will be
> interesting to see how different courts interpret them under different
> fact
> situations. In the mean time - yes, be sure you know and at least think
> you
> understand your local laws. It is probably worth noting that almost all
> criminal offenses require some kind of criminal intent - a truly
> accidental
> connection cannot be a crime.
>
> Doug Sherman
> MCSE, MCSA, MCP+I, MVP
>
>
> "James Gockel" <flibbertigibbet007_at_hotmail_dot_com> wrote in message
> news:...
>> That is so stupid. If you don't secure your network your asking for it.

> And
>> with just having your laptop on and driving down the street you can
>> accidentally connect to a network, because of Windows Zero Config, or
>> even
>> other wireless utilities. Or even a palm pilot or other pda with wifi
>> capability.
>> From what I know, the actual point of where it becomes illegal, is th
>> actual use of the router's processing power. So actually if you can sniff
>> the air without connecting to the router, it's not illegal.
>> Now, I have to mention, I'm not a lawyer, this is all only what i've

> heard.
>> If you get caught sniffing and in your state it's illegal, that's your
>> own
>> fault. I think these laws should be changed, to what the specifics of
>> what
>> is illegal, but I am only one man.
>> If you have any questions about legality of wireless networks and
>> sniffing
>> you should go to your city center and ask for some legal council. They
>> can
>> direct you from there.
>> -James G.
>>
>>
>>
>> "Doug Sherman [MVP]" <> wrote in

> message
>> news:...
>> > Don't know about the UK, but in Florida the St. Pete Police think it's
>> > a
>> > 3rd
>> > degree felony:
>> >
>> > http://abcnews.go.com/Technology/wireStory?id=915076
>> >
>> > Doug Sherman
>> > MCSE, MCSA, MCP+I, MVP
>> >
>> > <> wrote in message
>> > news: oups.com...
>> >> If another computer user connects to my unsecured wireless network,
>> >> what is the legality of the situation? I am a UK citizen.
>> >>
>> >> thank you
>> >>
>> >
>> >

>>
>>

>
>





Jack
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