[Dshield] WireLess Home Config testimony and question ?

John Groseclose iain at caradoc.org
Tue Jun 8 16:22:53 GMT 2004


Quoting Mrcorp <mrcorp at yahoo.com>:

> Now the question... If all I did was turn on my laptop, and the AP advertised
> itself to me, and I
> connect, and use the connection, am I liable for any damages that may occur?
> Sure I should not
> attempt to connect to the AP administrative screen, but if I did not do that,
> and did not seek out
> the AP, what am I liable for if I get caught using it?  What if I had no
> knowledge of technology,
> and I bought a new laptop and turned it on and joined their network without
> knowing, am I liable?

I am not a lawyer. Now that *that's* out of the way, in most cases you might be
liable for overusage/bandwidth fees (civil) but I believe that most *criminal*
charges depend on "mens rea," or the state of mind in which the act was
committed - criminal charges typically require intent.

So, if you turned on your access point and your laptop, and managed to somehow
get connected to someone else's access point and used it, I don't think you
could be criminally charged for using it without intent.

I reiterate: I am not a lawyer.
--
spam delenda est



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