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Re: [inbox] Re: Supporters urge halt to, hacker's, extradition to US
From: "Eliah Kagan" <degeneracypressure () gmail com>
Date: Tue, 30 Sep 2008 23:23:34 -0400

Valdis Kletnieks wrote:
In the US, there have been a number of successful prosecutions in cases where
people used an unsecured wireless access point to launch attacks.  You'd
probably need to show *all* of the following:

1) That it was unsecured.
2) That it was *intentionally* unsecured.
3) That the security was set up for the explicit purpose of allowing free
guest access, and people were actively invited.

In other words - if the sign at the coffeeshop says "Free Wifi", it's fair
game.  If the login banner says "Free guest shell access - no password needed",
it's fair game.   However, if you happen to find an unsecured WAP while
wardriving, or an account that accidentally has a null password, things are a
*lot* stickier for you...

Not that this actually pertains to the case of Gary McKinnon, but...

They used them **to launch attacks**.

It's illegal to launch cruise missiles from the public park, but that
doesn't mean it's illegal to go in the public park.

Has anyone ever been prosecuted for using unsecured wireless for legal purposes?

Wouldn't that contradict FCC rules governing use of wireless (in the
general sense of wireless), where a wireless system must accept
interference?

(Whereas breaking into, or perhaps even using with a null password,
encrypted wireless, even if the encryption is as pathetic as WEP,
would still be illegal.)

What am I missing?

-Eliah

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