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Date: Tue, 21 Sep 2004 14:44:53 -0700 (PDT)
From: owner-crime@private
To: crime-approval@private
Subject: BOUNCE crime@private: Non-member submission from [Don Park
<donp@private>]
>From crime-approval@private Tue Sep 21 14:44:34 2004
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Cc: Priscilla Oppenheimer <po@private>, CRIME <crime@private>,
warren@private
From: Don Park <donp@private>
Subject: Re: CRIME wireless case study URLs?
Date: Tue, 21 Sep 2004 14:44:21 -0700
To: Crispin Cowan <crispin@private>
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On Sep 21, 2004, at 12:55 PM, Crispin Cowan wrote:
> Warren Harrison wrote:
>
>> actually, there is an Oregon statue:
>> 164.125 Theft of services. (1) A person commits the crime of
>> theft of services if:
>> (a) With intent to avoid payment therefor, the person obtains
>> services that are available only for compensation, by force, threat,
>> deception or other means to avoid payment for the services; or
>
> But what if the "service" is *not* intended for pay? I.e. I'm hanging
> around some street corner, and my wifi picks up the WAP for "Joe's
> Auto Insurance" located above me on the 2nd floor. Joe clearly is not
> offering any WAP service for pay. It is ambiguous whether he intends
> to just share his connection for free, or if he meant to close it down
> and forgot. And really mucking the intent is if Joe didn't even know
> this was an issue, and thus had formed no actual intent either way.
>
I agree that using an open access point is unclear as to whether or not
that constitutes theft of service.
One analogy that seems applicable is say Joe has a small home with a
walkway to the driveway and a sidewalk along the front yard. When Joe
comes home from work the walkway is too dark for him to find his keys
so he installs a light. The light is bright enough to light up the
walk, the front yard, and part of the sidewalk.
Bob is walking down the sidewalk at night and wants to read the piece
of paper in his pocket. He stops at the right spot on the sidewalk so
that Joe's light shines on his piece of paper. The light that bob used
could be said to be unneeded or even a side-effect since it was going
to hit the sidewalk and not be used for Joe's original intent of
lighting up the walkway to the front door. Is this theft?
Possibly the best answer is to have a policy indicator in the beacon
packet that states the intent of the access point owner. Since we don't
have this in 802.11b, the next best thing could be to use an essid of a
community wireless group where its fairly well established that the
standard essid of the group is meant to indicate that free open access
is allowed.
don
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