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RE: Re: Legality of WEP Cracking
From: "John Babio" <jbabio () po-box esu edu>
Date: Mon, 21 May 2007 12:18:32 -0400

Anyone have the updated Orinoco drivers for backtrack? Can't seem to get
the card in monitor mode. Thanks!

-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com]
On Behalf Of ebk_lists () hotmail com
Sent: Monday, May 21, 2007 9:03 AM
To: pen-test () securityfocus com
Subject: Re: Re: Legality of WEP Cracking

This is good information, thanks. I think this will help all of us
develop a better picture of the thin ice we skate on every day. 

It's good to know that these laws exist, but does anyone have any case
law (preferably recent) to go with them? Knowing the law is good,
knowing how it is being applied is even better.

I think alot of it will boil down to intent and purpose. If I audit one
of my company's office downtown, it is guaranteed that I will pickup
more than just my company's traffic, just because of the density of the
office building. But I don't intend to do that, nor is it my purpose. I
ignore any data that I know to _not_ belong to my company. I also carry
a signed letter from my CISO when I do these audits. 

The laws are primarily going to come into play, IMHO, when there is
criminal intent. For instance, when two kids are sitting in their car
listening to a major home improvement stores wireless traffic for the
sole purpose of stealing credit card numbers, I'd say that is criminal
intent- pretty blatant, and easy to prove. But here in the US that
burden of proof is on the prosecution. So, in cases where the intent
isn't as cut and dried, it may not make it to court, depending on the
circumstances. 

Computer law is getting better, but it still has a long way to go. A
great deal of these cases still get tried on other laws such as
trespassing, loitering and theft of service. 

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This List Sponsored by: Cenzic

Are you using SPI, Watchfire or WhiteHat?
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See HOW Now with our 20/20 program!

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