Firewall Wizards mailing list archives
Re: Interlopers on the WLAN
From: "Frank O'Dwyer" <fod () brd ie>
Date: 09 Nov 2002 15:41:36 +0000
I'm not an attorney either, but I wouldn't be so sure that the below is as clear cut as all that: (a) Note the number of references to "intentionally" and "knowingly" in the law. (b) Note that the guy with the laptop ALSO is in possession of a "protected computer". So any law referring to unauthorised access is a sword that cuts both ways. Maybe you will find yourself trying to explain why you configured the user's computer with an IP address without the owner's permission, or just what you were thinking when you impersonated a public access point. :) Why not ... after all, the access point contacts the user's computer first, right? :) Cheers, Frank. On Wed, 2002-11-06 at 16:49, Dave Piscitello wrote:
According to the FBI field agents who spoke at a seminar series I recently participated in, if you "stumble upon" an ESSID, actively attempt to obtain an address by scanning or using one helpfully provided via DHCP, you are engaged in an unauthorized access and can be prosecuted under USC TITLE 18 > PART I > CHAPTER 47 > Sec. 1030, Fraud and related activity in connection with computers One of several URLs: http://www4.law.cornell.edu/uscode/18/1030.html If you're curious how it's being enforced w/r/t WLANs, contact the FBI through your local Infragard chapter? I don't think people will be able to make a case about "secured" or not. I'm not an attorney, but I think the same logic that dictates that "I leave my doors unlocked - it's my home and if you enter while I'm not there it's unauthorized entry" applies here. My opinion as well is that once you obtain or use an IP address/mask/gateway that you clearly know belongs to someone else, you have attacked a network: - unauthorized use of resources - denial of service to others who might wish to use the address - disruption of service of a host that is normally assigned the IP address used - unauthorized receipt of transmissions over the WLAN - etc. It's not "clever" any more... Considerably more clever people than those who are war-driving proved a point, now it's cracker chic At 12:23 AM 11/5/2002 -0800, Philip J Koenig wrote:Please forgive if this has been covered before, I'm not reading the group daily these days. Is it reasonable to assume that those who access WLANs without the permission of the owner are violating the same cybercrime laws that apply to any unauthorized access of a computer network? Some have recently argued this is not the case if someone doesn't "enable the security features", but personally I don't see the distinction between this kind of activity and anything normally prohibited by laws such as California Penal Code section 502a and various other cybercrime laws. It doesn't seem to me that the law makes a distinction about whether the network in question was secured or not. (what does 'secured' mean anyway?) TIA, Phil -- Philip J. Koenig pjklist () ekahuna com Electric Kahuna Systems -- Computers & Communications for the New Millenium _______________________________________________ firewall-wizards mailing list firewall-wizards () honor icsalabs com http://honor.icsalabs.com/mailman/listinfo/firewall-wizardsDavid M. Piscitello Core Competence, Inc. & 3 Myrtle Bank Lane Hilton Head, SC 29926 dave () corecom com 843.689.5595 www.corecom.com _______________________________________________ firewall-wizards mailing list firewall-wizards () honor icsalabs com http://honor.icsalabs.com/mailman/listinfo/firewall-wizards
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Current thread:
- RE: Interlopers on the WLAN, (continued)
- RE: Interlopers on the WLAN Jim Leo (Nov 06)
- RE: Interlopers on the WLAN R. DuFresne (Nov 06)
- RE: Interlopers on the WLAN Moody, Thomas (Contractor) (DDC) (Nov 05)
- Re: Interlopers on the WLAN Kyle R. Hofmann (Nov 05)
- RE: Interlopers on the WLAN bmonkman (Nov 05)
- RE: Interlopers on the WLAN Paul Robertson (Nov 05)
- Re: Interlopers on the WLAN Roger Marquis (Nov 06)
- RE: Interlopers on the WLAN Cox, Michael (Nov 06)
- RE: Re: Interlopers on the WLAN Moody, Thomas (Contractor) (DDC) (Nov 06)
- Re: Interlopers on the WLAN Dave Piscitello (Nov 06)
- Re: Interlopers on the WLAN Frank O'Dwyer (Nov 09)