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RE: Re: Interesting Ruling Regarding WiFi access
From: "Erin Carroll" <amoeba () amoebazone com>
Date: Mon, 4 Jun 2007 21:26:06 -0700

List members,

Okay, once the the door or car analogies start to fly it's time to move on
to another subject. Until the legalities are more firmly established or case
law and precedents become clearer, the grey areas between technical
interpretations and the legal interpretations on this can be debated until
the sun supernovas. 

Unless there is a pen-test specific post on this matter please consider this
discussion closed. Further posts on the subject will be rejected.

--
Erin Carroll
Moderator
SecurityFocus pen-test list
"Do Not Taunt Happy-Fun Ball" 

-----Original Message-----
From: listbounce () securityfocus com 
[mailto:listbounce () securityfocus com] On Behalf Of 
cwright () bdosyd com au
Sent: Monday, June 04, 2007 7:42 PM
To: pen-test () securityfocus com
Subject: Re: Re: Interesting Ruling Regarding WiFi access

Hello,
No, your understanding of property rights is flawed.

If I have no door, you are still breaking the law by entering 
my property without permission. There does not need to be 
anything that states "stay out". By default, you have no 
right to use the property of another. You need to have permission.

So the issue is is there a message stating "come in".

Without that express permission you have commited an illegal 
act. Whether it is also criominal is another matter.

Regards,
Craig

Your analogy is flawed. A wireless network that does not use any
methods of controlling access. It does not have a door. It 
does not have a fence. It does not have anything that says 
"Stay Out". That's the problem, and that's why you should not 
go to jail.


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