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Thread ID: 69176 2006-05-24 10:39:00 War Driving story on the news tonight Greven (91) PC World Chat
Post ID Timestamp Content User
457370 2006-05-24 12:33:00 But if I leave my house unlocked, is it legal for somebody to come into it as long as they dont open my fridge or walk out with my filing cabinet?

Wardriving doesnt have to be driving.. I was walking around work during my lunch break today scoping out the networks that are around using just my Cellphone :)

Gotta love the built-in wifi with the K-Jam :D
Chilling_Silence (9)
457371 2006-05-24 13:16:00 What logic tree did you pick this off?

Anti-hacking Law (www.internetnz.net.nz)


have a read of it, i think you'll find no referance unless, you can prove that an unsecured radio wave on a public spectrum is a private communication. which i highly doubt. ill ask my law lecturer tomorrow.
Tux (606)
457372 2006-05-24 13:33:00 It might be possible to class it under nusaince . perhaps . Would certainly be an interesting case .

Tux, what paper are you doing? I take it your at auckland uni?

I was going to do law, until i realised i hated lawyers . . .
DangerousDave (697)
457373 2006-05-24 14:20:00 Whatever tosser decided to call this activity "wardriving" must have been responcible for calling website authors Webmasters.

To many D & D games I reckon.....
Metla (12)
457374 2006-05-24 20:09:00 have a read of it, i think you'll find no referance unless, you can prove that an unsecured radio wave on a public spectrum is a private communication . which i highly doubt . ill ask my law lecturer tomorrow .

I have no idea what you are trying to say with public spectrum . Are you comparing an unsecured network to radio? Are you implying that if a network is not secured then that is classed as a public utility therefore open to everyone? Interesting view point if you are correct although I would add that this is not the intent of the provider so therefore you cannot assume available for use .

This is what I read .

"Accessing computer system without authorisation has a maximum two year term and applies to anyone who intentionally accesses, directly or indirectly, knowing that you are not authorised to access that computer system, or is reckless as to whether or not you are authorised"

This is clear to me - there is no onus on the network adminstrator to secure the network (but of course it is a damn good idea) the act of connecting to a computer system knowing you are not authorised is a crime .

I might ask my 8 yr old daughter today if it is ok for someone to access someone else's property without asking - I am sure both her and your law lecturer will come up with same answer .
sam m (517)
457375 2006-05-24 21:08:00 however the point as made by someone else......if you are looking for wireless acess and you come across a couple of unsecured networks how will you know which is a 'public access point' and which is a private ? drcspy (146)
457376 2006-05-24 21:28:00 sorry, and your a lawyer?. technically, leaving your network unsecure expect unwanted usage, you are expected to take due responsibility when setting your network up, there are wireless networks that are designed for public use, how do you know the difference? you have neglected to secure it. and dont compare it to copyrights, standard rights are not given automatically in the case of a wireless network, a wired network yes, but then again, there arent hundreds of sockets in my neighbourhood i can just plug up to, entering a business would be tresspassing. Oh, and broadcasting over a public spectrum, it is not legally protected unless you secure your network and someone hacks that.

Yes... well no, BUT this is just common sense - if you leave your front door open, does it mean that you are giving anyone who walks past permission to come in and use your kitchen to cook a meal? Or help themselves to a can of beer or something out of your fridge? Absolutely not, because the point is that they do not have your permission to do so. Likewise with networks - "wardrivers" have not obtained permission from the network owners to be a) accessing them, and b) make use of their internet connection (resources).

"Accessing computer system without authorisation has a maximum two year term and applies to anyone who intentionally accesses, directly or indirectly, knowing that you are not authorised to access that computer system, or is reckless as to whether or not you are authorised."
- Exactly what I was saying - there is no permission to enter unsecured wireless networks, therefore it is illegal.

"Accessing computer system for dishonest purpose (obtaining advantage or benefit or causing loss to another person) - maximum seven years imprisonment for this crime, or maximum five years for accessing with this intent, even if not successful."
-STEALING internet is a dishonest purpose. Furthermore, you're doing it without permission.
somebody (208)
457377 2006-05-24 21:30:00 But if I leave my house unlocked, is it legal for somebody to come into it as long as they dont open my fridge or walk out with my filing cabinet?

No it isn't but on the other hand try explaining to your insurance company you got robbed and you'd left the house open.

Regardless of whether or not its illegal, people should be aware of it and secure their networks. Its no different from taking precautions with a wired internet connection. Silly woman she is.
pctek (84)
457378 2006-05-24 21:32:00 however the point as made by someone else......if you are looking for wireless acess and you come across a couple of unsecured networks how will you know which is a 'public access point' and which is a private ?

That's besides the point - if someone leaves there front door open, how do you know if they don't mind if you pop in to use their bathroom, or if they didn't want you in there at all. Just because you're not "sure" whether or not they intended it to be shared doesn't automatically give you the right to assume so.

The point is that just leaving something open doesn't constitute intent to share it. In my front-door example, just leaving it open doesn't constitute your openly saying to people that they are welcome to come in. If people want people to use their wireless networks, they can put a small note in the SSID, or publicise it online. Even better, they would tell people living nearby.
somebody (208)
457379 2006-05-24 21:33:00 Regardless of whether or not its illegal, people should be aware of it and secure their networks . .

Absolutely - but the point is that the law is written as such to protect people who do not know about securing wireless networks, especially people who aren't as computer literate as you would be pctek .
somebody (208)
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