Security Basics mailing list archives
RE: Wireless Security
From: "David Gillett" <gillettdavid () fhda edu>
Date: Fri, 21 Oct 2005 08:47:13 -0700
The same is true with a wireless connection. If you explicitly give someone permission to use the wireless connection, and then they use it for nefarious purposes, then you could be held liable.On this one too, I'd have to think that we'll have to again, disagree. That's like saying that someone who has say an account with NetZero and they d/l "tons" of kiddie porn. Does that make NetZero "guilty" as well??? I don't think so, and I think that their lawyers would agree with me. Or that'd be like saying just because the criminals use the roads conduct their illegal activities that those who built the roads are also somehow "guilty" because of it.NetZero and similar services have indemnity clauses that you sign/agree to before using the service to protect it from EXACTLY what you mentioned.Granted, I'm no lawyer either, but I always thought that an absence to agree was not to be taken as an agreement.
In US law, "common carriers" (i.e. phone companies) have been pretty much exempt from responsibility for content. There has been political wrangling for at least fifteen years about whether this should extend to ISPs or not. [One of the little-reported provisions of the 1996 Communications Decency Act (RIP) was that it said that ISPs were NOT common carriers and could NEVER become common carriers....] Even if ISPs were granted that status, it would not necessarily be automatically inherited by everyone who shares their broadband connection, whether deliberately or negligently. That brings up an interesting point. I don't think negligence is sufficient for *criminal* consequences, but it could be the basis of civil litigation.... Deliberate action, though, invokes criminal terms such as "accessory". So a lot could hinge on trying to prove that, in setting up your wireless service such that it was wide open to the world, you were merely incompetent, and not deliberately inviting random strangers to exploit and abuse it. David Gillett
Current thread:
- RE: Wireless Security, (continued)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 14)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 17)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 17)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 18)
- RE: RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 18)
- Re: RE: Wireless Security Dave Bush (Oct 18)
- Re: RE: Wireless Security Alloishus BeauMains (Oct 21)
- Re: RE: Wireless Security Dave Bush (Oct 18)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 18)
- Re: Wireless Security Austin Murkland (Oct 18)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 21)
- RE: Wireless Security David Gillett (Oct 21)
- Re: Wireless Security Austin Murkland (Oct 18)
- RE: Wireless Security Drumm, Daniel (Oct 21)
- RE: RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 21)
- RE: Wireless Security Herman Frederick Ebeling, Jr. (Oct 24)
- RE: Wireless Security Burton Strauss (Oct 24)