Re: Legal Ramifications of Open Wireless Networks Jorge Padrone wrote:
> This reminds me of the Lowes hardware store (down in florida i think) that
> had an open wireless network in which they had financial information going
> over (credit/debit card transactions from the cash registers)
>
> the guys out in the parking lot sniffing this info and using the store's
> wireless were brought up and convicted on charges.
>
> i'd like to see the store management brought up on charges of negligence..
> its an open network, its YOUR fault its open.
>
It's not entirely the same though - though I bet a lawyer could make a
case :-)
In the Lowes case, the management has a fiduciary obligation to keep that
information private, and I'd agree they should have been charged. I'd be
_very_ surprised if someone didn't sue them, and win, though.
In the case of somebody making (either explicitly or accidentally) his
wireless network available to others he may have absolutely no obligation
to prevent it (the ISP's terms of use _may_ specify that his connection may
not be shared - but I'm not sure the customer could be threatened with
anything more than termination of service).
--
derek |