Further on this...
This also needs to take the fact that this is a wireless example. In the
US (and similarly in AU) there are specific laws relating to radio
frequency protocols. It is a federal offence to connect to any wireless
network in the US without explicit authority. Your warning message could
at best be an implicit authority, but not explicit.
So even if you could argue contractual rights civilly, you are still
committing a criminal offence. A criminal offence is an illegal action
by definition. Contracts that include illegal acts are invalid "ab
initio".
Thus even with the warning you are liable in full as the warning is not
admissible in court.
Regards,
Craig
-----Original Message-----
From: Ebeling, Jr., Herman Frederick [mailto:hfebelingjr@lycos.com]
Sent: Tuesday, 16 May 2006 7:34 AM
To: security-basics@securityfocus.com
Subject: Wireless Security (Part 2)
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A few months back we had a discussion going about whether or not a
person who has setup a Wi-Fi network for their and their families
use. And IF someone illegally connects to said network if the person
who setup the network has the right to go into the other person's
computer to find out who they are. The consensus is/was that sadly
no the person who setup the Wi-Fi network doesn't have the right to
go into the intruder's computer to find out who they are.
What IF the person who sets up the Wi-Fi network has a web page, or a
dialog box that is displayed that says the following whenever a new
computer signs onto the network:
WARNING
You have connected to a PRIVATE COMPUTER NETWORK
IF you were NOT invited to join the network then leave now.
IF you continue to use the network, know that by doing so
you consent to having your computer inspected for the purpose
of finding out who you are so that the proper authorities can
be notified.
IF you leave now no actions will be taken, but IF you continue
then the appropriate actions WILL be taken, you have been WARNED.
This is your ONLY warning, leave NOW.
Also know that along with your name your computers MAC address will
also be recorded, and blocked in the future.
If the above is setup as a web page then the capitalized words
would
be in bold as well as red to catch the person's attention. Also with
the above they wouldn't be able to say that they weren't warned,
correct?
- -----
Herman
Live Long and Prosper
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