This has more to do with malicious behavior than whether unlicensed has protections. I have argued with others over the years that if you intentionally do harm then you are liable even if that intentional behavior to cause harm is with unlicensed frequencies. Looks like that hypothesis holds true in this case. If someone is simply building their business and not trying to do malicious harm then that is tough, people get interference and have no grounds for criminal or civil action. If someone is breaking into systems, causing system failures, etc. and admit to such behavior then the status of the rights of use of the band space has little to do with the liable or criminal issues.
Scriv

Rick Smith wrote:

I don't even know where to start.

I understand the malicious part - employee gone bad, fine.  Punish him.  But
2 years ?  and 3 yrs after ?

This is unlicensed stuff, can we really claim business interruption !?  I
would've hoped I had a defense attorney that could say "Hey, they have to
accept ALL interference from ANY source since it's unlicensed..."  No matter
the source.

Of course, this is my opinion.

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of George Rogato
Sent: Saturday, December 16, 2006 11:52 AM
To: WISPA General List
Subject: [WISPA] A wisp who went a little too far.......

The malicious code also locked SBT out of its own network so the damage
could not be repaired by the normal process of remotely reconfiguring the
access points from the company's office. This forced SBT's executives to
send technicians to the homes or businesses of every single subscriber. Some
users were down for less than a day while others were out of service for up
to three weeks, according to the indictment.

Fisher's malicious code also was designed to force SBT's equipment to
repeatedly broadcast radio signals that would interfere with the signals of
UT1 Internet and its customers.



http://news.yahoo.com/s/cmp/20061216/tc_cmp/196700266

A former IT consultant for a wireless Internet service provider was
sentenced to two years in prison for breaking into the company's network and
bringing down their service last year.
ADVERTISEMENT

Ryan Fisher, 24, of Vernal, Utah, received a sentence of 24 months in prison
to be followed by 36 months of supervised release for intentionally damaging
a protected computer. U.S. District Judge Paul G. Cassell also ordered Fisher to pay $65,000 in restitution.

Fisher was charged on Feb. 15, 2006, in connection with the Feb. 28, 2005,
attack that shut down Wi-Fi service to the customers of SBT Internet and UT1
Internet, which both provide service in and around Vernal, Utah. He pleaded
guilty and was sentenced on Wednesday.

The attack cut off service for one woman who was waiting for an e-mail
notifying her about the availability of an organ transplant that she
required, according to prosecutors. Because of her critical status, her
provider gave her priority status and restored her access within 24 hours.

"Had her medical providers sent her an e-mail notifying her of a suitable
organ donor and had she not responded because of her lost Internet access,
she might have lost her priority for an organ, thus potentially extending
the period she would have to wait for another donor," wrote prosecutors in
the indictment.

SBT Internet hired Fisher in the fall of 2004 as a contractor to help
install and support wireless networks. The company trained Fisher and
provided him administrator-level access to its networks. They also gave him
passwords and encryption keys for customer's access points, as well as for
the computer that controlled the company's radio towers that transmit Wi-Fi
signals to its users.

Fisher reportedly stopped working at SBT in February, 2005 because of a
"disagreement about some financial and business issues," according to the
indictment.

After he left SBT, he went to work for Internet Works, a competing service
provider in the same area. He then bought the company and changed its name
to East Basin Internet.

According to the government, Fisher admitted he used an administrative
password to break into SBT's network on Feb. 28, 2005. Once in the network,
he plant malicious code that directed the radio tower computer to cut off
Wi-Fi service to the company's users.

The malicious code also locked SBT out of its own network so the damage
could not be repaired by the normal process of remotely reconfiguring the
access points from the company's office. This forced SBT's executives to
send technicians to the homes or businesses of every single subscriber. Some
users were down for less than a day while others were out of service for up
to three weeks, according to the indictment.

Fisher's malicious code also was designed to force SBT's equipment to
repeatedly broadcast radio signals that would interfere with the signals of
UT1 Internet and its customers. Both companies reported spending at least
$5,000 each to discover what was causing the outages and get service back
up.

In total, more than 170 customers lost Internet service. The attack
reportedly caused more than $65,000 in damages.


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