Ah, but we're not talking about how *I* would set up wireless. We're talking about how uninformed folks in the rest of the world do things.
On Wed, Dec 2, 2009 at 13:15, Steven Peck <[email protected]> wrote: > 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/> ~ > > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
