Sure it is. You just turn around and sue the manufacturer for putting out a product that in its default mode is insecure.
That's what insurance is for, right? Kurt On Wed, Dec 2, 2009 at 11:48, Don Ely <[email protected]> wrote: > Ignorance is not defensible in court... > > On 12/2/09, Phillip Partipilo <[email protected]> wrote: >> 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/> ~ > > -- > Sent from my mobile device > > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ > ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
