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On Apr 28, 2007, at 1:39 PM, Richard M. Smith wrote:
T-Mobile runs the WiFi service for Starbucks. Does T-Mobile meet the
definition of a common carrier? If so, the "readily accessible"
defense
does not apply, right? Quoting from your original message:
"readily accessible to the general public" means, with respect
to a radio communication, that such communication is *not*
transmitted
over a communication system provided by a common carrier
Internet Service Providers are not common carriers, even if the
organization providing the internet service also provides common
carrier services (which T-Mobile may, via its cellular phone
services, for example). Time Warner, for example, provides both
phone services (which are common carrier) and internet broadband
services (which are not). The latter are subject to discrimination
in service which would be prohibited under common carrier
regulations. Therefore, such services are also not entitled to
common carrier protection.
Here's an older example of a WiFi security demo for the press gone
bad:
Ethical hacker faces war driving charges
http://www.theregister.co.uk/2002/07/26/
ethical_hacker_faces_war_driving/
I think this guy was charge under the Computer Fraud and Abuse
Act. The
jury found him innocent because he didn't cause any damages.
Regardless, I
wonder if he will ever do the same type of security demo again for the
press.......
It's another example of an overzealous US Attorney prosecuting a case
they could never win. You generally can't prove unauthorized access
if there's no access control on a service and the means in which it
is accessed is not itself exploitive (e.g., taking advantage of
software vulnerabilities). It's ridiculous to state that the guy
could *possibly* have run up $5,000 in damage simply by accessing the
WLAN. If he accessed other computers on the network, or ran up
internet bandwidth charges, that would be a different story.
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