[wplug] On the subject of wardriving...

Bill Moran wmoran at potentialtech.com
Mon Mar 28 16:04:42 EST 2005


Zachary Uram <netrek at gmail.com> wrote:

> On Mon, 28 Mar 2005 12:27:12 -0500, Bill Moran <wmoran at potentialtech.com> wrote:
> > "Petrucci, Joseph" <Joseph.Petrucci at ddiworld.com> wrote:
> > 5) I spoke with Jon Nelson of the PA computer crimes unit after his
> >    presentation at CPLUG on March 5.  He showed me a section in the PA
> >    laws that specifically states that it is legal to do anything that
> >    the owner of the system permits you to do.  Thus, you can break in
> >    to their system, or wardrive their networks, or whatever ... so long
> >    as they have given you permission to do so.  I (again) recommend that
> >    you get this in writing, so you won't take the fall if there is
> >    any miscommunication.
> 
> Hi Bill,
> 
> Even if they give you permission that doesn't mean their ISP (or the
> ISP's bandwidth provider) could not take possible legal action -
> depending on the circumstances.

Yes.  That's why I've been recommending that people don't go around,
willy-nilly playing with folk's networks like this.

Additionally, if you _do_ get permission, and then the ISP claims it's
against their TOS, you could be screwed.  If you have the permission in
writing, it would be easier for your lawyer to protect you and put all
the blame on the person you made the contract with (I'm not a lawyer,
so no guarantees on that) ... but at least they couldn't accuse you of
an actual computer crime ... it would just be a violation of their TOS,
which (to my knowledge) isn't a crime, just grounds for service
termination.

-- 
Bill Moran
Potential Technologies
http://www.potentialtech.com


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