On Tue, Mar 18, 2003 at 08:18:39AM -0800, Enrique LaRoche wrote: > > Folks - it took a while but here's the answer from the FBI on > > the legal view > > of wireless scanning: > > > > As for your question regarding netstumbling, it's not illegal > > to scan, but > > once a theft of service, denial of service, or theft of > > information occurs, > > then it becomes a federal violation through 18USC 1030. The > > FBI does not > > have a website with this type of information. You either > > need to pose the > > question to us or a cyber crime attorney (or our US > > attorney's office).
> This defines what responsibilities I have as an AP owner and it also defines > who is wrong when there is an unauthorized use. > > It is not my responsibility to secure my AP it is a crime for you to use my > service without permission or hack my server even if I have a completely > open site. Bzzzt. Wrong answer, but thanks for playing. You are making the implicit assertion that *any* access point you don't have explicit knowledge of and permission to use is *not* open for public usage -- and the environment makes it clear that this is simply not a proper assertion: there are almost a dozen websites which list freely-accessible AP's. That these websites, and these AP's exist is prima facie evidence that the concept of "Open AP" is not merely something invented by defendents in a court case... and by extension, that if you don't want people using your AP, you had better not leave it open. Was that a sufficiently clear exposition? If you want to be able to press *criminal* copyright infringement charges, it's incumbent on *you* to register. Same thing here. Cheers, -- jra -- Jay R. Ashworth [EMAIL PROTECTED] Member of the Technical Staff Baylink RFC 2100 The Suncoast Freenet The Things I Think Tampa Bay, Florida http://baylink.pitas.com +1 727 647 1274 "If you don't have a dream; how're you gonna have a dream come true?" -- Captain Sensible, The Damned (from South Pacific's "Happy Talk") -- general wireless list, a bawug thing <http://www.bawug.org/> [un]subscribe: http://lists.bawug.org/mailman/listinfo/wireless
