[Dshield] WireLess Home Config testimony and question ?

Gasper, Rick rjgasper at kings.edu
Thu Jun 10 13:13:21 GMT 2004

There was a case in Canada that is similar, where the user was charged
with theft of services (I don't remember the details because it was some
time ago). IT would depend on a lot of things. The biggest thing is that
*you know* connecting to someone elses WAP is not something you should
do with out permission. Being a good neighbor, I would offer to help the
person lock down their WAP.

Rick Gasper
Manager Network Services
King's College
Wilkes-Barre PA 18711
rjgasper at kings.edu
PH:  570-208-5845
Fax: 570-208-6072

-----Original Message-----
From: list-bounces at lists.dshield.org
[mailto:list-bounces at lists.dshield.org] On Behalf Of John Groseclose
Sent: Tuesday, June 08, 2004 12:23 PM
To: General DShield Discussion List
Subject: Re: [Dshield] WireLess Home Config testimony and question ?

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.
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