According to the following article in The Register, the U.S. Department of Commerce has announced its intention to retain control over root DNS servers after...
William T. Quick
wtq@...
Jul 6, 2005 12:47 pm
49556
We've been discussing this on another mailing list. I'm not a criminal attorney, so I have a couple of thoughts I wanted to bounce off this group about these...
Carol Shepherd
arborlaw@...
Jul 9, 2005 12:22 am
49557
I have Wi-Fi broadband access in my apt. I turn on the computer, which has an Airport card, and it automatically connects -- no log in, no screen, no nothing....
JFN
jfnbl@...
Jul 9, 2005 1:40 am
49558
... Anybody in range of me is welcome to tap onto the wifi signal I'm sending for as long as I send it - I have a spare wifi router and an open port on the...
Randall
rvh40@...
Jul 9, 2005 1:50 am
49559
... Perhaps you do, but how are people supposed to know you are allowing them access. Obviously the person in Florida did not want them on their network....
Drew Lehman - DigitaT...
dlehman@...
Jul 9, 2005 2:12 am
49560
... Hard to imagine the prosecution getting anywhere with this, if the defense doesn't just lie down and take what they're offering. If the WAP was using...
Randall
rvh40@...
Jul 9, 2005 2:20 am
49561
The federal Computer Fraud and Abuse Act speaks to "unauthorized access" to a computer or computer network. How do I know if I'm "authorized" or not--if you...
Carol Shepherd
arborlaw@...
Jul 9, 2005 2:32 am
49562
... The problem is that it wasn't at all obvious -- at least not on the facts we have. Used to be that if you wanted to shoot trespassers, you had to post your...
JFN
jfnbl@...
Jul 9, 2005 3:11 am
49563
The problem with the CFAA's use of the term "unauthorized access" is that it creates an arguable presumption that any access requires affirmative...
JFN
jfnbl@...
Jul 9, 2005 3:12 am
49564
... Would that be the same dormant Commerce Clause which allows Congress to criminalize you growing your own anti-purgative medicine, should you be unfortunate...
Randall
rvh40@...
Jul 9, 2005 3:24 am
49565
... No. Nothing dormant about the Commerce Clause in Raich. You have express federal preemption. And the notion that federal Commerce Clause authority does not...
JFN
jfnbl@...
Jul 9, 2005 4:57 am
49566
And who is it that has the right to authorize this access? The cable companies seem to think that THEY have the right to authorize or refuse authorization. ...
Paul Gowder
paultopia@...
Jul 9, 2005 5:19 am
49567
We have a complicated situation. However, an ex-boyfriend of my daughter has accused her of accessing his network and there is a criminal investigation. She...
Christine Peileke
cotgind@...
Jul 9, 2005 1:23 pm
49568
From C|NET The U.S. Treasury Department has blacklisted more than 60 Cuba-centric sites, many maintained by a travel company called Tour & Marketing ...
roberthelmer@...
Jul 9, 2005 7:25 pm
49569
... Way too complicated to get any useful help here. He can be sued for libel. Truth is a defense. Talk to a lawyer. ... ...
JFN
jfnbl@...
Jul 9, 2005 8:35 pm
49570
Consult a lawyer with whom you can establish attorney-client privilege. Issues that leap to my mind include invasion of privacy, publication of "private"...
Chris Savage
chris.savage@...
Jul 10, 2005 3:08 am
49571
Thank you all for your comments and advice. My daughter does have a criminal attorney and he is aware of all these facts, but his job is more to protect her...
Christine Peileke
cotgind@...
Jul 10, 2005 4:23 am
49572
... Here in Colo., the DSL modem that Qwest supplies has WiFi that is easily enabled. Where I am sitting right now, I have 3-4 different signals, including,...
Bruce Hayden
bhayden@...
Jul 10, 2005 8:52 pm
49573
... Err... of all places, I'd expect this list to draw a bright line between alleged civil breach and criminal law. (I note CNET does not seem to grasp...
David Lesher
wb8foz@...
Jul 10, 2005 9:08 pm
49574
I agree that breach of contract is a civil remedy. My point was, if a criminal statute makes "unauthorized access" a crime, and the provider is allowed to...
Carol Shepherd
arborlaw@...
Jul 10, 2005 9:45 pm
49575
... The line is bright enough. The problem is that the DSL subscriber has to testify that the use was unauthorized even if he doesn't care enough to send...
JFN
jfnbl@...
Jul 10, 2005 11:02 pm
49576
David, the CFAA makes violations of civil law agreements an element of a federal crime, so this line is not as bright as you think. Arguably, sharing your...
Ethan Ackerman
eackerma@...
Jul 11, 2005 2:21 am
49577
... Try also: http://www.usdoj.gov/criminal/cybercrime/cccases.html (compiling cases) Deciding Whether to Prosecute an Intellectual Property Case (2001), ...
Mike Oliver
me@...
Jul 11, 2005 3:13 am
49578
... Its important to note most of these cases involve cable companies, not DSL companies. Why? Because the Cable Act and various state and local statutes...
Sean Donelan
sean@...
Jul 11, 2005 4:41 am
49579
... The city gets 5% of the cable revenues as a franchise fee so they have a reason to care. ... The subscriber sharing cable access doesn't need to testify...
JFN
jfnbl@...
Jul 11, 2005 6:00 am
49580
... I believe most cable companies have argued the franchise fee only includes revenue from video services, not broadband services. ... Driving a car without...
Sean Donelan
sean@...
Jul 11, 2005 10:55 am
49581
... Note if the driving is done with the permission of a bailee of the auto. ... Not by someone who knows the definition of trespass where the person in lawful...
Peter D. Junger
junger@...
Jul 11, 2005 1:15 pm
49582
But that's a plain "ignorance of the law" argument. Legally, I think we all agree that I'm responsible for knowing the law in the jurisdiction I'm in (let's...
Carol Shepherd
arborlaw@...
Jul 11, 2005 3:03 pm
49583
... This raises a second question. If you are on your own property and you have access to an unencrypted signal, are you even trespassing? It is possible (I...
Drew Lehman - DigitaT...
dlehman@...
Jul 11, 2005 3:23 pm
49584
The original message was received at Mon, 11 Jul 2005 09:14:31 -0700 from 128.104.183.137 ... <cyberia-l@...> ...
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