Good luck with that. Hope your resume isn't discovered. :) On Wed, Dec 2, 2009 at 12:36 PM, Kurt Buff <[email protected]> wrote: > Not always true. > > If you can be demonstrate that no reasonable person would be aware of > it, then you can convince a jury that they shouldn't convict. > > That *is* a gamble, however. > > Kurt > > On Wed, Dec 2, 2009 at 12:31, Jonathan Link <[email protected]> wrote: >> Ignorance of the law is not a defense. >> >> On Wed, Dec 2, 2009 at 2:48 PM, 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/> ~ > >
~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
