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Re: Legality of WEP Cracking
From: Nick Selby <nick.selby () the451group com>
Date: Mon, 28 May 2007 08:24:27 +0200

Thanks, that's great information! THis has been a really interesting thread - I did agree also with someone else who said, Hey, it's still kind of a cheesy way to do business, and the lawyers I speak with are less convinced than you, but you make great points.


cwright () bdosyd com au wrote:
<snip>Access and authorisation are not the issue. The law is well developed in terms of property, license and 
authorisation. When you claim that it may be difficult to prosecute, this is a function of evidence.

In the respect of the law, rules of evidence are also well defined. The issue is that of collecting evidence. Being a 
matter of fact, the nature of the evidence is not one that requires a large amount of legal dispute. It does however 
require more than the word of the accuser.

In civil cases, the requirements are lower. In criminal, there is a higher hurdle. Either way, there is a duty to 
collect evidence if you want to persue this. The difficultly is that it is not likely that a system running an open WEP 
gateway will have detailed logging and monitoring enabled. You do not need to notify the user that they are accessing 
the system without authority; they are not licensed to do so by the nature of the communications.

The law of license is a subset of property and requires a legal technical background that I can not extrapolate adequately on 
this list. </snip>

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