I'd imagine they would have to prove that you were competent enough to configure the security. Wardrive through an industrial area full of relatively small-time auto garages sometime (WiFiFoFum). You're unlikely to find many secured APs. Since they will work right out of the box without configuring when attached to any modern high speed modem, those not "into" computers may find out "hey, it just works, that was easy, cool." And that's the end of it.
Phillip Partipilo Parametric Solutions Inc. Jupiter, Florida (561) 747-6107 From: Ziots, Edward [mailto:[email protected]] Sent: Wednesday, December 02, 2009 12:18 PM To: NT System Admin Issues Subject: RE: OT, heads up free wifi Just in short, The Pub owner, didn't practice Due-care nor Due-Diligence, in there wireless setup, thus allowing someone (s) to usethere network to commit crimes. Therefore I would have to agree that the Pub Owner is liable and the person that downloaded the copyrighted material is also guilty. Civil Court is based on Tort Law, there just needs to be a Preponderance of evidence to determine guilt/liability. preponderance of evidence The degree of proof reequired in most civil actions. It means that the greater weight and value of the credible evidence, taken as a whole. belongs to one side in a lawsuit rather to the other side. In other words, the party whose evidence is more convincing has a "preponderance of evidence" on its side and must, as a matter of law, prevail in the lawsuit because it has met its burden of proof. Therefore logs from the wireless router showing the connection from said person to the wireless AP which was not protected ( lack of due-diligence or due-care) along with no warning for anyone attaching to the wireless AP/Network, and copyright infringement conducted over said network ( bases for the communication to download such works, illegally) equals to me preponderance of evidence by a long mile, and thus guilt on both reguards ( the wireless AP provider, and the party which downloaded the material) PS: I am not a lawyer and this is not legal guidance, but it's a good case to reinforce the CISSP material I am studying for in FEB 2010. Z Edward Ziots Network Engineer Lifespan Organization MCSE,MCSA,MCP+I, ME, CCA, Security +, Network + [email protected] Phone:401-639-3505 _____ From: C.E. Gene Connor [mailto:[email protected]] Sent: Tuesday, December 01, 2009 3:58 PM To: NT System Admin Issues Subject: OT, heads up free wifi I came across this bit of what I see as a use less use of a court system. http://news.cnet.com/8301-1009_3-10405824-83.html?tag=nl.e757 Or why something like this would even make it in front of a judge in the first place. A law may have been broken and I support any laws that keep anyone from stealing something that doesn't belong to them!! But, I'm really worried about where all this is going. I have a out of work friend that lives next to me. I let him from time to time log into my wireless network to job hunt and check his mail. Am I going to be put in jail if he downloads something? Maybe I need to stop before they come knocking on my door. Either way I just wanted you all to have a read over this. And maybe your company and legal dept. could prevent something as this. In the event you all might need to put into affect a user policy for you all wireless network. For if I read it right and understand it? It could happen to any one on this list or any of your users etc. And yes, I know this happened across the other side of the world. But, you never know where it might go next. -- Gene C. In Memory of my little brother http://genec-lori.com/ PackRat GarageSale http://genec-lori.biz/ Genes-Computers Inc. Yulee ,Fl Established 1981, Microsoft OEM Registered member, system builder & Active registered Microsoft Partner Active Charter Partner of The Association of System Builders and Integrators If you think you're beaten, Then you are! If you give up the fight, Accept it !! _____ If this email is spam, report it here: <http://www.onlymyemail.com/view/?action=reportSpam&Id=ODEzNjQ6MTAxMzIxOTkxO TpwanBAcHNuZXQuY29t> http://www.OnlyMyEmail.com/ReportSpam THIS ELECTRONIC MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND PROPRIETARY PROPERTY OF THE SENDER. THE INFORMATION IS INTENDED FOR USE BY THE ADDRESSEE ONLY. ANY OTHER INTERCEPTION, COPYING, ACCESSING, OR DISCLOSURE OF THIS MESSAGE IS PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS MAIL AND ALL ATTACHMENTS. DO NOT FORWARD THIS MESSAGE WITHOUT PERMISSION OF THE SENDER. THIS ELECTRONIC MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND PROPRIETARY PROPERTY OF THE SENDER. THE INFORMATION IS INTENDED FOR USE BY THE ADDRESSEE ONLY. ANY OTHER INTERCEPTION, COPYING, ACCESSING, OR DISCLOSURE OF THIS MESSAGE IS PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS MAIL AND ALL ATTACHMENTS. DO NOT FORWARD THIS MESSAGE WITHOUT PERMISSION OF THE SENDER. ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
