Firewall Wizards mailing list archives

RE: Interlopers on the WLAN


From: bmonkman () icsalabs com
Date: Tue, 5 Nov 2002 13:48:22 -0500

 
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I think a more important aspect to consider is the ability to recover
financial losses attributed to such a "crime". 

While this is probably illegal is it a loss an insurance company
would pony compensation for? I would liken it to leaving your house
or you car unlocked while unattended. If items are removed without
your consent this is clearly a criminal act. However, insurance
companies could/would argue that you are not showing due diligence,
in fact they could argue you were negligent, by allowing access to
your home or vehicle by failing to lock the door. Given this they
probably would refuse to compensate you for your losses.

The question now is, would this hold true to those who rely on known
insecure mechanisms, like WEP, to stop access to the network? 

Brian Monkman
Firewall Programs Manager
ICSA Labs
1000 Bent Creek Blvd., Suite 200
Mechanicsburg PA 17050
Phone:717.790.8141  Fax:717.790.8170
www.icsalabs.com
PGP Key ID: 0x7E54D5CD



-----Original Message-----
From: Philip J. Koenig [mailto:pjklist () ekahuna com]
Sent: Tuesday, November 05, 2002 3:24 AM
To: firewall-wizards () honor icsalabs com
Subject: [fw-wiz] Interlopers on the WLAN


Please forgive if this has been covered before, I'm not reading the
 group daily these days.

Is it reasonable to assume that those who access WLANs without the 
permission of the owner are violating the same cybercrime laws that
 apply to any unauthorized access of a computer network?

Some have recently argued this is not the case if someone doesn't 
"enable the security features", but personally I don't see the 
distinction between this kind of activity and anything normally 
prohibited by laws such as California Penal Code section 502a and 
various other cybercrime laws.  It doesn't seem to me that the law 
makes a distinction about whether the network in question was
secured  or not. (what does 'secured' mean anyway?)

TIA,

Phil

--
Philip J. Koenig                                       
pjklist () ekahuna com
Electric Kahuna Systems -- Computers & Communications for the New 
Millenium


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