War Driving To Be Protected In NH

AllMightyPaul writes "A big article on Wired.com talks about the new House Bill 495 that would legalize the innocent stumbling upon open wireless networks. Basically, it put the burden of securing a wireless network on the owner of the network and allows people to connect to open networks that they believe are supposed to be open. This is excellent news as I'm sure we've all tried to connect to one wireless network and ended up accidentally connecting to another one. Being from NH, now I can finally drive through Manchester and connect anywhere I want with little worry, but not until after January 2004, and that's if the bill passes the Senate."

Comments

Re:Legalize it?

[sharekk]

From the article: "Like most state and federal computer crime laws, New Hampshire's existing statute says it is a crime to knowingly access any computer network without authorization"

Basically before if you were driving past a starbucks and picked up their connection you could be doing something illegal. I expect it's still illegal to crack WEP (easy as it may be) but using random open wireless is Ok.

Re:Wait a second...

[b0r1s]

Here's the text:

1Computer Related Offenses; Network Security. Amend RSA 638:17, I to read as follows:

I.

• (a) A person is guilty of the computer crime of unauthorized access to a computer or computer network when, knowing that the person is not authorized to do so, he or she knowingly accesses or causes to be accessed any computer or computer network without authorization. It shall be an affirmative defense to a prosecution for unauthorized access to a computer or computer network that:
  
  
  • (1) The person reasonably believed that the owner of the computer or computer network, or a person empowered to license access thereto, had authorized him or her to access; or
    
    
  • (2) The person reasonably believed that the owner of the computer or computer network, or a person empowered to license access thereto, would have authorized the person to access without payment of any consideration; or
    
    
  • (3) The person reasonably could not have known that his or her access was unauthorized.
  
  
  
• (b) The owner of a wireless computer network shall be responsible for securing such computer network. It shall be an affirmative defense to a prosecution for unauthorized access to a wireless computer network if the unauthorized access complies with the conditions set forth in subparagraph I(a)(1)-(3).

So, the way I read it is: the owner is responsible for securing the network, but its legal IF and ONLY IF you were legally granted access, would have been granted access if asked, or had no way of knowing whether or not you were allowed to use the network.

This doesn't protect wardriving at all: if you're knowingly going around looking for unsecured wireless access points, you've already failed 1 & 2. The only issue up for debate is 3: would you have known that you were not authorized? I'm sure once this hits court, the party with the better lawyer is going to win.

Re:Legalize it?

[bjschrock]

I just wish everyone would pay more attention to the last two amendments in the Bill of Rights:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.