Re: [WISPA] Man fined for stealing WiFi

2007-05-28 Thread Rich Comroe

From the article:

-
In fact, Milanowski was unaware the practice known as piggybacking was 
illegal, so his did a bit of legal research. I had a feeling a law was 
being broken, said Milanowski. He found Michigan's Fraudulent access to 
computers, computer systems, and computer networks law, a felony punishable 
by five years in prison and a $10,000 fine.

-

I'm surprised by the law used by the prosecution.  About 15 yrs ago I gave 
expert witness testimony in a similar case in Ohio, but Ohio's law was 
specific to breaking into a government run computer network.  In the Ohio 
case the computer network being broken into was operated by and for public 
safety, and there was a clear public safety danger in people breaking in. 
The person who broke in was intentionally eavesdropping on public safety 
communications.  I felt it was an appropriate and important law, but it's 
quite doubtful that the coffee shop's wifi could ever be considered a 
government computer network, even if police may sometimes sit there using 
it along with other customers.  Laws can vary from state to state, but I'm 
very surprised that any state would apply this law to a public computer 
network like the Internet that's actually INTENDED for public use.  If the 
Michigan felony law is not specific to government networks I think it should 
be changed.  I think it's wrong for a 5yr felony crime being applied to 
public wifi.


Rich

- Original Message - 
From: Smith, Rick
To: [EMAIL PROTECTED] ; Principal WISPA Member List ; WISPA General List ; 
[EMAIL PROTECTED]

Sent: Monday, May 28, 2007 8:46 AM
Subject: [WISPA] Man fined for stealing WiFi



Precedents are starting :)

http://government.zdnet.com/?p=3175

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Re: [WISPA] Man fined for stealing WiFi

2007-05-28 Thread Joe Laura
http://www.legislature.mi.gov/(S(05yejm55o32tyv45uo5azgip))/mileg.aspx?page=
getObjectobjectName=mcl-752-797

Superior Wireless
New Orleans,La.
www.superior1.com

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RE: [WISPA] Man fined for stealing WiFi

2007-05-28 Thread Jonathan Schmidt
Indeed.  From Joe's URL to the MICHIGAN FRAUDULENT ACCESS TO COMPUTERS,
COMPUTER SYSTEMS, AND COMPUTER NETWORKS (EXCERPT)Act 53 of 1979:

(6) It is a rebuttable presumption in a prosecution for a violation of
section 5 that the person did not have authorization from the owner, system
operator, or other person who has authority from the owner or system
operator to grant permission to access the computer program, computer,
computer system, or computer network or has exceeded authorization unless 1
or more of the following circumstances existed at the time of access:...

(b) The accessed computer program, computer, computer system, or computer
network had a pre-programmed access procedure that would display a bulletin,
command, or other message before access was achieved that a reasonable
person would believe identified the computer program, computer, computer
system, or computer network as within the public domain.

(c) Access was achieved without the use of a set of instructions, code, or
computer program that bypasses, defrauds, or otherwise circumvents the
pre-programmed access procedure for the computer program, computer, computer
system, or computer network.

These are two circumstances in this case that may indicate that such
behavior is not a crime.  Although, perhaps, if the splash screen said that
you have to buy a cup of coffee in order to participate in access
privileges, a) may not apply.

. . . j o n a t h a n


-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Joe Laura
Sent: Monday, May 28, 2007 11:44 AM
To: WISPA General List
Subject: Re: [WISPA] Man fined for stealing WiFi

http://www.legislature.mi.gov/(S(05yejm55o32tyv45uo5azgip))/mileg.aspx?page=
getObjectobjectName=mcl-752-797

Superior Wireless
New Orleans,La.
www.superior1.com

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Re: [WISPA] Man fined for stealing WiFi

2007-05-28 Thread Joe Laura
I wonder if they had an acceptance page or not. If the network is wide open
without an acceptance page who says where it is comming from? Around here if
you walk in a coffee shop and seartch usually you can pull up several
networks. I know some coffee shops that ssid is default. I use MT hotspots
at mine and the customers have to at least get a user/pass to use them. A
local coffee shop here recently opened and the reciept had the wep settings
printed on it. They would change keys every week. Customers complained about
having to use keys so after three weeks they just leave it wide open now.
Joe
Superior Wireless
New Orleans,La.
www.superior1.com


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