New Hampshire's WiFi bill

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Don Davis <don () mit edu>
Date: Mon, 12 May 2003 10:10:04 -0400
To: cryptography () metzdowd com
Subject: Re: New Hampshire's WiFi bill

From:    David Nelson
To:      IEEE-802-11-tgi
Subject: Re: This is your wake up call!
Date:    Fri, 9 May 2003 11:43:38 -0400

Being a New Hampshire resident, I have read this press coverage of this
issue with a certain amount of amusement.  The actual text of the proposed
modification to the statute is as follows:

"b) The owner of a wireless computer network shall be responsible for
securing such computer network. It shall be an affirmative defense to a
prosecution for unauthorized access to a wireless computer network if the
unauthorized access complies with the conditions set forth in subparagraph
I(a)(1)-(3)."

The only big change is the first sentence.  I read this as a statement of
public policy -- it certainly doesn't entail any consequences for the
network owner if they fail to secure their WLAN.  The second sentence
basically re-affirms the existing statute provisions [subparagraph
I(a)(1)-(3)] in terms of an affirmative defense.  These sections of the law
do not condone intentional connection to networks for which you do not have
a reasonable belief that you are authorized to attempt such access.  I don't
see this as an attempt to legitimize hostile attacks or malicious "war
driving".

I think that the intention of the legislation is to "decriminalize" one of
the default behaviors of Windows XP, i.e. to automatically connect to any
non-secured network it can find via probe requests.  The story behind this
legislation is that a "good Samaritan" who inadvertently connected to a
private, non-secured WLAN with happenstance RF coverage in a downtown
Manchester, NH coffee shop was sued by the company operating the WLAN when
they were informed by the "good Samaritan" that their WLAN was open to the
public.

Regards,

Dave

David B. Nelson
Wireless & AAA Architect, Office of the CTO
Enterasys Networks, Inc.
50 Minuteman Road
Andover, MA 01810-1008
Phone:  ...
E-mail: ...
  

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