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Safe and Insecure?

JoeCotellese writes "Can making your network insecure actually improve your security? That's the question asked in this story running in Salon. The author makes the case that by 'making my Internet connection available to any and all who happen upon it, I have no way to be certain what kinds of songs, movies and pictures will be downloaded by other people using my IP address. And more important, my ISP has no way to be certain if it's me.'"

107 of 508 comments (clear)

  1. In related news... by k4_pacific · · Score: 5, Funny

    Bacon grease cures heart disease!

    --
    Unknown host pong.
    1. Re:In related news... by Total_Wimp · · Score: 5, Insightful

      Nope, this is the genuine artical. This guy is so dead on it's not even funny. How do you think Comcast avoides being put out of business if someone should use their connection to download illegal materials? Answer: "your honor, we're just the pipe. We let others actualy use it. We have no idea what goes on in that pipe that we rent out."

      This guy is behaving just like Comcast. He's the pipe and he doesn't know what goes on in that pipe. Unless the Judge were to determine that the pipe owner is responsible (and Comcast will certainly help him fight _that_ kind of fight) then he's ok.

      BTW, he also said he turned off logging. In many, many cases, there is no law that says you have to log, but there is a law that says you can't destroy evidence you alread poses. If you don't have a log in the first place, you have nothing to turn over to the feds and you have no evidence to destroy. I think that's a big step closer to true freedom.

      TW

    2. Re:In related news... by Archfeld · · Score: 5, Interesting

      BUMP...the above about logging is SO TRUE...

      First note to anyone setting up commercial installations is ONLY KEEP WHAT YOU ABSOLUTELY NEED, actively /dev/null everything else. Records have a way of getting outed in court, refer to Netscape/M$/MCI cases.

      I helped set up local public library systems and we ensured that no personal information was kept regarding book history, or check out history beyond the confirmation of return. We do track how many times and for what duration a book is out, but not who had it beyond the most current user, assuming the book is in fact out, if it is checked-in there is no user associated data kept. If the FBI under the guise of keeping us free from terrorism wants to know, we can tell them that the anarchist's cookbook gets LOTS of out time, and who currently has it but not what that person had prior or any sort of user history for a particiular subject, just the bare data that is required to maintain a good inventory of books and cut loose the dead weight that doesn't get used...

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    3. Re:In related news... by Cramer · · Score: 4, Insightful

      Comcast is protected by "Common Carrier" provisions -- "the law". You and I are not. As you would be acting with wreckless disreguard, the courts could very well hold you legally responsible for what goes on by way of your intentionally unsecured wireless network. And Comcast and all the others under the common carrier umbrella won't give a single damn. (In fact, most would simply terminate your account for various TOS violations.)

      In a civilized society, you are responsible for your actions.

    4. Re:In related news... by leerpm · · Score: 2, Interesting

      As you would be acting with wreckless disreguard, the courts could very well hold you legally responsible for what goes on by way of your intentionally unsecured wireless network.

      Do you have any case law references to backup this statement?

    5. Re:In related news... by techno-vampire · · Score: 4, Insightful
      This guy is behaving just like Comcast. He's the pipe and he doesn't know what goes on in that pipe. Unless the Judge were to determine that the pipe owner is responsible (and Comcast will certainly help him fight _that_ kind of fight) then he's ok.

      Wrong. Comcast is a business, and their business is transmitting information. That makes them a common carrier. The twitiot who wrote the article isn't in that business, and his TOS says that he can't use it that way. That means that he isn't a common carrier, can't use their protections and that if it gets to court, Comcast will not only not help him, they'll be doing everything they can to help the other side.

      --
      Good, inexpensive web hosting
    6. Re:In related news... by capologist · · Score: 2, Insightful

      If you don't have a log in the first place, you have nothing to turn over to the feds

      Well, not necessarily. If there were some kind of lawsuit, and the Feds (or RIAA, or whoever) made a demand along these lines in discovery, I doubt you could get rid of them simply by saying, "Nope, I don't keep logs. Take my word for it." They'd probably petition the court to order you to turn your computer over to them so that they can check for themselves (as if you couldn't destroy such logs). The side with the more expensive lawyers -- i.e., them -- probably wins that argument.

    7. Re:In related news... by TwP · · Score: 4, Funny

      Do you have any case law references to backup this statement?

      You're new here . . .

    8. Re:In related news... by bechthros · · Score: 2, Insightful

      OK, but what about somebody who was genuinely ignorant of encryption? Some Joe Schmoe who just went to Best Buy, bought a wireless router, subscribed to some broadband service, turned it on and never thought about it again? How can you tell the difference between intentionally and unintentionally unsecured networks?

    9. Re:In related news... by Total_Wimp · · Score: 2, Interesting

      What does it take to get common carrier status? I sure ain't no lawyer (ISANL) but I'd have a hard time believing that the size of your "customer" base makes a difference.

      If he's responsible for the conduct of the people using his traffic then every free community wireless access service should be very afraid. Yet they appear to be thriving.

      TW

    10. Re:In related news... by interiot · · Score: 2, Informative
    11. Re:In related news... by Cramer · · Score: 2, Interesting

      "Very carefully"

      It'll obviously come down to the individual case and circumstances. For example, nobody would would beleive my attempt to use such a defense. But it'd be an easy sell for my parents or sister. AND, you only get to use this defense once; after that, you damn well better be able to show that you've at least tried to secure your network.

      In the specific case pointed out in the article, he has taken clearly evident steps to permit (or _aid_) illegal activities... he turned off the DHCP server's logs. Beyond that, the AP is basically "out of the box". That's merely stupid -- if accessing your *new* wireless network is as simple as taking out of the box and your laptop starts using it without any configuration from you, why can't you understand it'll be that easy for anyone within radio range?

    12. Re:In related news... by Anonymous Coward · · Score: 2, Interesting

      I recently went to Panera Bread with my laptop so I could use their wireless internet connection. At first I did not have access. I found the wireless network, but could not check my email using POP. Then I opened a web browser, a web page came up from Panera Bread asking me to agree to some legal document. I clicked on accept, and then I had full access to the internet.

      If this guy had the same setup, would he be legally responsible?

    13. Re:In related news... by Zareste · · Score: 2, Insightful

      In a decaying society, you are responsible for everyone else's actions.

      Fixt

      --
      I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
    14. Re:In related news... by computersareevil · · Score: 5, Insightful

      I think you're wrong. This is no different than leaving your front door unlocked. If someone enters you house without your permission and shoots somebody from inside it, you can not be held liable for "wreckless disregard".

      In the USA you should be free to assume that somebody will not break the law. Assuming people will break the law is very, very dangerous, and has cost us many of our freedoms through "preemptive legislation" like license plates, inummerable searches without probable cause (travel lately?), and handgun registration.

    15. Re:In related news... by YankeeInExile · · Score: 3, Informative

      Assuming you were in the United States, you would go to your state public utilities commission, or equivalant, and file for a Certificate of Public Information, Convenience or Necessity

      There are specific requirements that vary from state to state

      --
      How does the Slashdot Effect happen given that no slashdotters ever RTFA?
    16. Re:In related news... by jp10558 · · Score: 3, Interesting

      I can just see the lawsuits against the wireless router makers also. Things like where was the warning sticker, why didn't they make me have a license like with a gun or car if I could be responsible for this much trouble... etc...

      Seriously, for anything else with this kind of possible liability, there is licensing, multiple warning labels and required training so that Joe Shmoe KNOWS the dangers. I think that opening that kind of regulation on wireless access points will be faught pretty hard by hardware makers.

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    17. Re:In related news... by Anonymous Coward · · Score: 2, Funny

      bump?

      you do know how these comments work, right?

    18. Re:In related news... by Diabolus777 · · Score: 2, Insightful

      Nice!

      we sure as hell wouldn't want the FBI catching CRIMINALS, because the FBI IS EVIL!

      Good measure and judgment is getting thrown out the windows these days, by both sides to make matters worse.

      Privacy is a delicate matter. If a ISP logs user activity, it should be clear what they do log and who has access to these logs. I don't mind the FBI, it's their job, but I do mind the RIAA.

      The problem is, some people want anonymity ( I know I do) but at what price does it come?

      I'm glad the FBI uses logs and other invasion of privacy to catch people affiliated with juvenile prostitution. Think about it, criminals always take great care about privacy, else they'd be caught dead fast.

      If you are a legitimate user, your only concern should be WHO looks at your personal data.

      --
      We should have been
      So much more by now
      Too dead inside
      To even know the guilt
    19. Re:In related news... by PepperedApple · · Score: 2, Insightful

      How can you tell the difference between intentionally and unintentionally unsecured networks?

      Well the fact that he wrote this article might be a clue...

    20. Re:In related news... by TRACK-YOUR-POSITION · · Score: 4, Interesting
      I'm surprised I haven't seen anyone here make the explicit connection to Freenet--which an unsecured wireless connection is just a poorman's version of. Both work on plausible deniability--I had no idea was stealing this mp3--or sending your freenet client encrypted child porn.

      Many of the arguments people are applying to this guy could also apply to freenet--that running an unsecured wireless point or a freenet node could both be construed as facilitating a crime. In both cases, it's letting someone else use your bandwidth resources.

    21. Re:In related news... by computersareevil · · Score: 5, Insightful

      In most jurisdictions (in the U.S., at least), you would be held legally liable for failing to properly store your firearm,

      It was properly stored; it was in my private residence where nobody is allowed to go! You again are telling me I MUST ASSUME that somebody is going to break the law and I'm responsible for THEIR illegal actions. How can that be? That's very dangerous!

      [gestapo voice] YOU ARE NOT ALLOWED TO HAVE THAT [insert anything] BECAUSE SOMEBODY *MIGHT* TAKE IT FROM YOU AND USE IT TO COMMIT A CRIME! [/gestapo voice] The abuses of that logic are endless! Where do they stop?

      If you buy something dangerous like a gun, you should be expected to take precautions to prevent its misuse...

      I also own a 10" über-sharp Wüsthof kitchen knife, which is "dangerous". If somebody takes it from my house and kills the President, should I go to jail? Do I have to lock up all my forks too? Where does it stop?

      If you're so irresponsible as to neglect to install a fence to prevent trespassing neighborhood kids from falling in, then as far as I'm concerned, you have no business building a pool in the first place. Most municipal laws agree on this point as well.

      What about the parents? Aren't THEY irresponsible for not preventing their kid from trespassing? Again, you are telling me I'm responsible for the consequences of SOMEBODY ELSE's illegal actions! That's not right!

      (But I'll grant you I'd be nuts not to put a fence around a pool, but because it's the right thing to do, not because I'm responsible for the illegal actions of others.)

    22. Re:In related news... by ManxStef · · Score: 4, Informative

      Both parent posts are pretty much right, but you should *definitely check that you're complying with the law* regarding what you must keep.

      I'd recommend reading this paper over at SecurityFocus as it covers a pretty similar remit: Destructive Influence By Scott Granneman

      Basically what he says is that if you have a thoroughly designed and well implemented data destruction policy (that complies with local laws) it can be somewhat favorable should something bad, like a lawsuit, come your way.

    23. Re:In related news... by Anonymous Coward · · Score: 2, Interesting

      > Privacy is a delicate matter. If a ISP logs user activity, it should be clear what they do log and who has access to these logs. I don't mind the FBI, it's their job, but I do mind the RIAA. ... If you are a legitimate user, your only concern should be WHO looks at your personal data.

      I was alive when President Richard Nixon was actively using the FBI, with the Director's cooperation, as a tool to collect information on and harass "enemies".

      Yes, you certainly should be concerned with WHO, but don't think for a second that just because they're the FBI (or any other supposedly respectable TLA gov't agency) that abuses haven't and can't again happen, especially in these more paranoid times.

    24. Re:In related news... by techno-vampire · · Score: 3, Interesting

      Yes, the same laws apply. However, just because he allows people to use his bandwidth doesn't mean he's a common carrier. In order to become one he has to satisfy certain legal requirements, such as being in the business of providing communications. Not only isn't he in such a business, his TOS certainly forbids his using his personal account in such a way. He isn't a common carrier, and can't become one just by letting anybody that wants to use his network.

      --
      Good, inexpensive web hosting
    25. Re:In related news... by Fjandr · · Score: 2, Informative

      Yes, but it'll have been destroyed long before you get the subpoena. That's all that matters. If you're destroying it in order to keep from complying with a subpoena, then you're in trouble. It's called being proactive. :)

    26. Re:In related news... by EtherMonkey · · Score: 2, Funny

      I can just see the lawsuits against the wireless router makers also.

      That's not going to be a problem. There's already legislation in the works that require "smart" broadband routers and wireless access points that can only be accessed by their registered owners identified by RFID tags implanted under the skin on the back of the hand, and sensors built-in to all keyboards by government mandate.

      --
      --- A man with a briefcase can steal more money, than any man with a gun. [Don Henley]
    27. Re:In related news... by hords · · Score: 2, Insightful

      Totally, it's just a bad idea. I guess this guy didn't read the previous slashdot article saying that a guy went to jail for someone hijacking his computer. Basically it ruined his life. If the guy is telling the truth, how many people believe him? I know I have my doubts.

      Either way by making yourself insecure like this you are just adding to the many problems of the Internet. Plus you'll have spyware installed on your machine just by surfing to the wrong website, popups like there's no tomorrow. What happens when someone finally writes a malicious virus that destroys your data? I wouldn't feel sorry for you.

    28. Re:In related news... by techno-vampire · · Score: 2, Interesting

      No, he isn't a service provider, because he has no legal right to allow others to use that bandwidth. All he's doing is allowing others to steal bandwidth or use an IP they're not entitled to and that in iteslf doesn't make him a service provider. You have to meet certain legal requirements, and he's done nothing of the sort. All the law you cite refers to, btw, is the liability restrictions on a service provider and says nothing about what you have to do to be one.

      --
      Good, inexpensive web hosting
  2. Not likely to fly... by danielrm26 · · Score: 5, Insightful

    "Last week, I turned off all the security features of my wireless router. I removed WEP encryption, disabled MAC address filtering and made sure the SSID was being broadcast loud and clear. Now, anyone with a wireless card and a sniffer who happens by can use my connection to access the Internet. And with DHCP logging turned off, there's really no way to know who's using it."

    I'd have read the whole thing, but I was morally repelled by the salon.com ad policy. Anyway, this concept seems to be some perverted cousin of "security by obscurity" -- only this has less to do with protecting your security and more to do with having a way out when someone comes knocking on your door.

    Unfortunately, I think this only applies when you *don't do it on purpose*. From my point of view, if you design a network solely for the purpose of relieving yourself of responsibility for what traverses your network, you are pretty much screwed once you get to court. This reeks of the "I accidentally did it on purpose" defense, and isn't likely to fly with any judge that has even a portion of a clue.

    --
    dmiessler.com -- grep understanding knowledge
    1. Re:Not likely to fly... by drmike0099 · · Score: 2, Insightful

      The parent is totally correct on this one, I'm afraid. Doing it deliberately in order to facilitate others to do illegal things is not going to save you in court. ISP's don't even get away with allowing this sort of stuff unwillingly (i.e. DMCA). Besides, you're ignoring the fact that they will terminate first and ask questions later, basically making you need to prove that it wasn't you who did it, instead of the other way around. Unless you pay them $1000 monthly, you are not worth it to them to figure it out for your good. They lose your $20 a month and won't even look back...

    2. Re:Not likely to fly... by pbox · · Score: 4, Interesting

      Disagreed.

      It is a fact after you do open your net up there is no way for them to proove that you commited the illegal acts. The fact that you did this opening up by stupidity or on purpose does not change that fact.

      They can maybe get you on intent, as it might be argued that you opened up so you can do illegal acts, but that is far fetched.

      --
      Code poet, espresso fiend, starter upper.
    3. Re:Not likely to fly... by jmorris42 · · Score: 2, Interesting

      > From my point of view, if you design a network solely for the purpose
      > of relieving yourself of responsibility for what traverses your network,
      > you are pretty much screwed once you get to court.

      I dunno about that part. Isn't exactly what the telcos do? They intentionally make zero effort to control the traffic passing across their network, lest they lose common carrier status and become legally liable for everything that happens inside their zone of control.

      The questionable part is turning off all logging, even dhcp logs of MAC address-IP pairs. That makes it truly impossible to pass the responsibility off even in theory.

      --
      Democrat delenda est
    4. Re:Not likely to fly... by zackeller · · Score: 2, Interesting

      Wrong. It'd be like if a gun owner signed a contract with the gun company saying that anything that happened with said guns is their fault and then left them on the front lawn for all to enjoy.

    5. Re:Not likely to fly... by bladernr · · Score: 5, Interesting
      It is a fact after you do open your net up there is no way for them to proove that you commited the illegal acts.

      You may be forgetting all the civil and criminal facilitation laws. The article describes a deliberate attempt to allow unlawful activity and to obscure its source (disabling of all filtering). You may not be able to prove you did the activity, but proving who facilitated it is a snap.

      Consider night clubs that "look the other way" on illegal drugs. They get slapped with a criminal facilitation charge.

      Up to the point of turning off the logging, you could argue ignorance (by default, most wireless routers ARE wide open, except they log things). As soon as you intentionally create a launch-pad for illegal activities, you are hardpressed in court to prove to a reasonable jury a legitamite purpose (notice I said reasonable, as in reasonable doubt, not "shadow of a doubt," the standard some believe you must achieve but, in fact, don't need to).

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    6. Re:Not likely to fly... by pbox · · Score: 2, Interesting

      Agreed.

      However it does not change the fact that:

      a. 80%-90% of wireless users never secure their net
      b. securing the net require way above technical knowledge
      c. even when you think you secured it, it is probably not secure (see built in factory passwords)
      d. even if it is the most secure at the moment, it requires constant updating and patching to stay that way

      All of the above reasons will stand in a court of law.

      --
      Code poet, espresso fiend, starter upper.
    7. Re:Not likely to fly... by Have+Blue · · Score: 3, Insightful

      Being a telco means complying with various other regulations which you don't, among which is cooperating with law enforcement when legally requested. You can't deny responsibility for the content that passes through your network and deny law enforcement's right to pass through your network on the trail of criminals as well. There are also laws against obstructing investigations and harboring criminals (which is essentially what you are doing).

    8. Re:Not likely to fly... by Tackhead · · Score: 2, Insightful
      > It is a fact after you do open your net up there is no way for them to proove that you commited the illegal acts.

      Correct. If the illegal act is the downloading of MP3z through a P2P network, that's not so bad, because the DMCA practically requires that Comcast act as an intermediary between RIAA/MPAA and you. Furthermore, because the aggreived parties, namely RIAA/MPAA, are private organizations, they can't really make your life all that miserable.

      If, however, the illegal act involves the transmission of threats against certain very important people, or the downloading of other sorts of material through P2P network, RIAA/MPAA are not the aggreived parties. In these cases, the aggreived parties are the sorts of people who can, will, and who are pretty damn good at making lives miserable... We're not just talking "miserable", we're talking "miserably short" :-)

      > The fact that you did this opening up by stupidity or on purpose does not change that fact.

      Your assignment today is to grok, in its fullness, the concept of "attractive nuisance".

    9. Re:Not likely to fly... by Phillup · · Score: 2, Interesting

      Negligent of what?

      Is it against the law for him to share his internet connection?

      Is he required to be "his brother's keeper" and monitor everyone that uses it?

      IMHO, the only issue is between him and his provider and the TOS... if it is OK with the provider, that is all that matters.

      You are not required to keep your neighbor from breaking the law.

      Now... if this keeps some "big brother" from being able to accurately determine who is doing what... well... I say bravo. Added benefit.

      --

      --Phillip

      Can you say BIRTH TAX
    10. Re:Not likely to fly... by anon*127.0.0.1 · · Score: 4, Insightful

      I'll agree, any or all of those excuses might give you an out. Once the case gets to court.

      However, lets just say that some scumbag uses your internet connection to download some kiddy porn. Since it's not HIS connection, he's not terribly careful, and your address falls into the hands of the FBI.

      Soooo, they come banging on your door bright and early one morning, with their guns and their search warrants. They confiscate everything in your house that's even remotely computer related, and haul it all off as potential evidence. Maybe they'll arrest you too, who knows?

      Now you get to spend lots of time and money fighting those accusations, while trying to assure friends, family, co-workers, and strangers that it's all a mistake and you're really innocent. Then you'll finally get to court, and maybe your defense will stand up and you'll be found innocent. Then you can spend a couple more years trying to recover your confiscated property.

      Worth it?

      Me... I think I'll keep everything as secure as I can, and count on the fact that there are hundreds of unsecure connections out there, and no real reason for anyone to go through the trouble of breaking into mine. I might not be totally safe, but at least I'm not asking for trouble.

      --
      I am NOT a man!
      I am a free number!
    11. Re:Not likely to fly... by AK+Marc · · Score: 3, Interesting

      Doing it deliberately in order to facilitate others to do illegal things is not going to save you in court.

      He isn't doing it deliberately to facilitate illegal things. For that to be true, he would have to have some prior knowledge that illegal activities were to take place and have taken actions to facilitate them. Instead, he took actions such that if someone were to take illegal actions, he would have less responsibility. He is neither condoning nor encouraging illegal activities, not is he aware of any activities that are happening. So he would be saving himself from court problems.

  3. privacy != security by jb523 · · Score: 5, Insightful

    That's not improving your security. That's improving your privacy (via anonymity) at the expense of your security.

    1. Re:privacy != security by incast · · Score: 5, Informative

      the author acknowledges this (and even uses similar words: "I'm willing to trade a little security for privacy.") in the article. the poster made the bad implication, not the original author.

      good eye though!!

  4. That is so retarded by Anonymous Coward · · Score: 5, Informative

    Or am I the only one who has terms and conditions which say that I am responsible for everything that passes over my connection?

    Wishing something doesn't make it so.

    1. Re:That is so retarded by devorama · · Score: 2, Informative
      From the Comcast TOS section 5b, Prohibited Uses of the Service:

      ...the Service is for personal and non-commercial use only and you agree not to use the Service for operation as an Internet service provider, a server site for ftp, telnet, rlogin, e-mail hosting, "web hosting" or other similar applications, for any business enterprise, or as an end-point on a non-Comcast local area network or wide area network.

    2. Re:That is so retarded by pla · · Score: 2, Informative

      Or am I the only one who has terms and conditions which say that I am responsible for everything that passes over my connection?

      No, most of us have similar terms with our ISP.

      However, so far in this discussion, people seem to have completely failed to realize that we deal with two distinct layers of accountability. The AUP only apply to the ISP's dealing with us, it doesn't extend beyond the continuation of them providing a service in exchange for us paying a set fee.

      So, at the ISP level, your AUP applies. If you do this and something happens, expect to get TOSsed immediately. No questions or appeals, just find a new ISP.

      At the legal level, though, in order to get whacked with a criminal conviction, some lawyer would need to demostrate either that you commited the primary crime (impossible with no logging unless you stupidly re-associated yourself with one of your own accounts outside your WLAN), or that your deliberately set up your WAP to permit such crimes. Considering the general security of an out-of-the-box WAP, I consider both of those unlikely.

      Now, we could also consider the civil law level, but that gets a lot more sticky, since you lose if you most likely satisfy one of the above two conditions. But, on the bright side, civil law does not equal criminal law - You might have to pay a few bucks, but you don't have to live with Bubba for 15 years.


      PS - IANAL.

  5. Salon: News writen by Sophomores... by LostCluster · · Score: 5, Insightful

    Somebody forgot to read the TOS of their ISP... because absolutely ever ISP out there has something to this effect in thier TOS: As the person who pays the bill, you're responsible for keeping the Internet connection you're buying to yourself and people who you trust with it. The reason why they're warning you to do that is because if you allow your connection to fall into "enemy hands", the usage that goes over your wire will be

    By choosing to run the "notoriously vulnerable technology", as the author admited in his confession letter, he admitted that he knowingly chose a piece of technology that could be exploited yielding his internet equipment making a request on behalf of somebody unknown. That's nice... you just gave that unknown person the gift of a liability shield at your expense.

    As I just posted last thread, annonymity these days is really achieved by somebody else who had the chance to know who you are intentionally failing notice or promising not to tell. The thing is, that other person is taking on the liablity for what you do.

    How nice of you to pay his MPAA/RIAA verdict bill for him, you'll be a hero to copyright pirates everwhere. I'm sure they'll be excited to learn there's still people dumb enough to fall for this trick still out there.

    1. Re:Salon: News writen by Sophomores... by kmmatthews · · Score: 3, Informative

      Speakeasy [http://speakeasy.net/] doesn't - in fact, they ENCOURAGE it.

      No, I don't work for them. Just a very satisfied customer on a 6.0/768 DSL connection.

      :)

      --
      feh. stuff.
    2. Re:Salon: News writen by Sophomores... by Preston+Pfarner · · Score: 2, Informative

      Sure, they encourage sharing, and they offer divided billing, but their customers are still liable for whatever traffic they exchange with speakeasy. I don't know if you have the same Terms of Service that I have, but I see this when I log in and poke around. Look down to "responsible" at the end.

      Speakeasy's Wireless Sharing Policy

      Speakeasy has been an outspoken supporter of Wireless technology and services for quite some time and has one of the most progressive wireless sharing policies in the business.

      Wireless networking and publicly shared wireless networks present exciting new opportunities to share information and connectivity resources with one another - we encourage you to explore it!

      Speakeasy believes that shared wireless networks are in keeping with our core values of disseminating knowledge, access to information and fostering community, provided this usage does not have an adverse impact on the services of other customers, does not involve any illegal activity and is not otherwise in violation of any aspect of our existing Terms Of Service. Please remember that the Speakeasy account-holder is responsible for all activity originating from their DSL line, even if it is the result of other users on a shared wireless connection.

    3. Re:Salon: News writen by Sophomores... by karmatic · · Score: 2, Insightful

      The TOS can say you are liable for the use, BUT THAT DOES NOT MATTER TO THE COURTS. A contract you sign with a third party can only transfer from you to that party, or vice versa.

      What it does mean is that if something bad happens, your ISP can terminate your connection, and you can't sue them over it. Something you sign with your ISP has nothing to do with what happens when the RIAA comes knocking.

      You've still got plausable deniability with the RIAA case, and you're only out your net connection. Which would you rather risk?

  6. Are you kidding me? by Sgs-Cruz · · Score: 5, Interesting

    You also have no idea what kind of FTP server your computer has become, what kind of child porn people are downloading, how much spam you're forwarding. This doesn't seem like a very good idea to me.

    --

    Karma: pi (Mostly due to circular reasoning in posts).

    1. Re:Are you kidding me? by stanmann · · Score: 2, Insightful

      Actually it sounds like he's part of freenet.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    2. Re:Are you kidding me? by elgaard · · Score: 2, Insightful

      No he is innocent until proven guilty. If you are accused of a crime you do not have to know who did it to get off the hook.

      If you download illegal content in a library is the librarian on the hook if she cant point at you.

      At work or university you can probably put a laptop with a fake MAC address on the network and download your illegal stuff. Is the CEO or dean on the hook?

    3. Re:Are you kidding me? by zeroduck · · Score: 5, Funny

      Just remember, every time you run an insecure network, you run terrorism.

  7. Security through insecurity? by Anonymous Coward · · Score: 4, Funny

    Sounds like a Zen master was smoking some weed and found a network administrator manual to read to pass the time while his friend ran down to the 7-11 for munchies.

  8. And by keeping a loaded gun in my mailbox... by mungtor · · Score: 5, Funny

    I never know who might get shot or when! And the police would never find out if it was me doing the shooting!!

    This is brilliant. I'm in total awe.

    1. Re:And by keeping a loaded gun in my mailbox... by webmaestro · · Score: 2, Informative

      Except its illegal to use your mailbox for that.

      I have a friend that needed to give another friend back a fake bomb used in a school play. He decided to return it to the other friend's mail box, thinking that he would notify the friend before the postman came by. Unfortunately he forgot, but my friend who had the mailbox found his mail laying right on top of the fake bomb, apparently the postman did not seem to be bothered by the bomb. A few days later he got a visit from Postal Inspectors and was luckily not put in jail, but they did inform him that it was illegal and that mailboxes were not "personal receptacles."

  9. Doubtful by linuxtelephony · · Score: 5, Insightful

    It is doubtful you could qualify as a type of common carrier. If anything, you may increase your odds of being liable because you may be held responsible for what others do on your connection.

    It would be interesting to see how this would play out. The closest analogy I can think of would be automobiles. If you allowed someone else to use your car, you may be held liable for damages they cause while they are driving it. As far a criminal activity, you may be targetted if your car is identified as taking part in a crime, though you have a pretty good chance of being found innocent if you can prove you weren't driving the car.

    Not perfect, but close. The idea sounds good though.

    --
    . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
  10. Holy fuck.... this is stupid all around by strictnein · · Score: 4, Insightful

    First: great link! I get to see some awesome 30 second PBS commercial.

    Second: stupid f'en idea
    In a word, privacy. By making my Internet connection available to any and all who happen upon it, I have no way to be certain what kinds of songs, movies and pictures will be downloaded by other people using my IP address. And more important, my ISP has no way to be certain if it's me.

    But since you're liable for everything that goes through your connection, you're fucked if something really bad does happen from your IP. That whole article sounds like it was written by some 14 year old. God... the logic employed in that article is truly amazing!

    1. Re:Holy fuck.... this is stupid all around by mukund · · Score: 2, Insightful

      Maybe we shouldn't draw analogies..

      Think of a Windows PC as a home. The home has a door and the windows PC has some means of network administration. There's a vulnerability in it and viruses take advantage of it. Who are we going to hold responsible? The user may say that they didn't know such a vulnerability existed.. similar to saying that part of the door is broken and it just needed to be pushed in to open it but the person didn't know about it.. with things like default passwords, it's similar to having no-lock but just a handle to turn to open the door.

      Computer networks are usually a different ballgame where people get away. Or every one of the infected windows networks which ever DoS other networks can be held liable.

      Take access points for example.. every single access point which has 802.11b and uses WEP without 802.1x or something similar is vulnerable. The majority of access points are even setup to run opensystem.

      --
      Banu
    2. Re:Holy fuck.... this is stupid all around by dameron · · Score: 2, Insightful
      This is like owning a gun that you keep on your front porch. When someone grabs it, shoots someone, then puts it back, guess who the police are going to bring in first?


      It's nothing like owning a gun and leaving it out for public use. Guns are dangerous even in trained hands and are illegal for many people to own or possess. You can be criminally liable for acts someone else commits with your unsecured gun and negligent parents are often prosecuted for this. There are laws covering this.

      This much more like Freenet, hell, it's almost exactly like Freenet.

      -dameorn

  11. A better way by m0rph3us0 · · Score: 3, Insightful

    Is to run a public AP. /. does the same thing, they refuse to log so that the logs cannot be used to incriminate people. A public AP turns you into a transport provider instead of a liable agent. No one is going to go after the library for what offenses are caused there because they merely provide transit. Yeah your ISP will stil disconnect you but you will stay out of jail.

  12. Open != Insecure by Raindance · · Score: 2, Informative

    Salon is talking about networks open by design, not insecure networks.

    There's a huge difference in implimentation, and also when speaking of liability and your situation in the eyes of the law.

    I'm not a lawyer, so I'll hold off from saying more.

    RD

  13. too bad by SQLz · · Score: 4, Funny

    Too bad that has nothing to do with security or insecurity...more like stupidity.

  14. Just plain silly. by turnstyle · · Score: 4, Insightful
    First, the premise that security is no more than avoiding lawsuits for copyright infringement.

    Second, forgetting that your name is still on the bill for that ISP, and that in all likely hood (see your ISP TOS) that makes you liable for what happens over your line.

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:Just plain silly. by God!+Awful+2 · · Score: 3, Funny

      First, the premise that security is no more than avoiding lawsuits for copyright infringement.

      Yeah... and the fact that this premise was copied verbatim from the article and also included in the slashdot summary.

      -a

  15. Get a life by Richard_at_work · · Score: 5, Interesting

    I'm not deliberately opening my network to hackers and miscreants bent on downloading copyrighted material. I'm simply choosing not to secure it. That's no different from the millions of people who haven't installed anti-virus software and the millions more who don't keep theirs up to date.

    But he IS deliberately opening his network to these people:

    Last week, I turned off all the security features of my wireless router. I removed WEP encryption, disabled MAC address filtering and made sure the SSID was being broadcast loud and clear.

    If he didnt have them enabled in the first place, then I might have agreed with his statement, but this is nothing like the "millions of people who havent installed anti-virus software", or the "millions more who don't keep theirs up to date". Those people dont intentionally install said protection and then disable it.

    And more important, my ISP has no way to be certain if it's me.

    And how is this going to matter? The ISP is renting YOU the connection, so its arguably your own responsability for the traffic passing through it. Your landlord might have something to say if you left your front door open to all who might be passing, and drug dealers take up residence. Id love to see his line rentals terms and conditions, they will amost certainly forbid what this guy is doing (intentionally sharing his connection with third parties).

    If it ever comes down to a lawsuit, who can be certain that I was the offender? And can the victim of hacking be held responsible for the hacker's crimes?

    Theres no hacking (cracking) going on here, the networks wide open. And there are such laws as accessory to a crime, which if you are doing this wilfully, then Id almost certainly say you were.

    I hope this guy took legal advice about this, and about his stance regarding correspondance with Comcast in the future, because from where I can see, he may be on the shakiest legal ground. This article is pretty lame imho.

    1. Re:Get a life by bigHairyDog · · Score: 5, Interesting

      The ISP is renting YOU the connection, so its arguably your own responsability for the traffic passing through it

      You're missing the point. We're geeks. We can see how its your responsibility, but the rest of the world doesn't see it like that, and the courts are part of the rest of the world fellow.

      In court, if the defendent said "I just bought this wireless thing from wallmart and now they're telling me that its my fault someone drove by my house and used it for bad things" then the judge/jury would go with them. If the prosecution then said "but purchasing that wireless router gave them a responsibility to learn how to generate and distribute WEP keys" they would be laughed off stage

      No, what really screws him is that he WENT AND TOLD THE WHOLE WORLD ABOUT IT! in a Salon article. There goes his alibi...

      --

      foo mane padme hum

  16. I just leave my front door open by Dolohov · · Score: 5, Interesting

    and people wander in and out. So, it's not my fault that there are 12-year olds drinking 40s on the front porch. No way is it my fault someone's selling crack in the living room, or that someone drowned in the pool.

    Ultimately, if you knowingly leave your computer open to mask your own poor behavior, you won't get off, you'll just get busted for all of it, and then get busted for knowingly providing a venue for this.

    1. Re:I just leave my front door open by burns210 · · Score: 2, Interesting

      if you think computer users SHOULD be held accountable, then why arn't those grandma's and ma & pop computers running windows 98 that have been used as a inbetween for the launching of spam and viruses?

      Computer users can't be held responsible for the security and actions of their own computer... Esspecially if Microsoft has no responsibility for Windows' security.

    2. Re:I just leave my front door open by radish · · Score: 4, Interesting

      I leave my car unlocked. Someone steals it and runs down a child at 100mph in a 30 zone. Is it my fault? Sure I may (morally) share some degree of responsibility, but I don't think there's any legal issue. The person who should be punished is the person who committed the crimes (theft, speeding and dangerous driving) not the person who neglected to lock the door (not a crime).

      So, it's not my fault that there are 12-year olds drinking 40s on the front porch. No way is it my fault someone's selling crack in the living room, or that someone drowned in the pool.


      I'm sure it depends on the jurisdiction, but in the UK (whose legal system I am most familiar with), I don't have any responsibility for others' actions. Provided I didn't supply the alcohol, or encourage the drinking, I think I'd be OK on the first point. (The actual act of a 12 year old drinking isn't illegal in the UK, just supply).

      The crack dealer is more of a problem - as I have an obligation to report illegal activity to the police. However, there have been news reports recently of cases where dealers have broken in and taken over peoples' houses in rough areas of London, and started using them to deal from while the rightful owners are too scared to object. I don't think there was ever any risk of the victims (i.e. houseowners) being charged with anything. So provided I have an excuse for not reporting it (I was threatened, or more likely in the wireless network case, I didn't know it was happening) I think I'd have a defence.

      As for the dead person in the pool - it depends how they died. Sure I'd be investigated, but if no-one can prove I was directly responsible (i.e. I pushed them) or grossly negligent (i.e. had a very deep pool with high edges so no-one could climb out) I think I'd be fine. Look at the recent case of the TV guy who had a party after which someone was found dead in the pool. It was all very suspect (indications of violence and drugs being involved), but no-one could prove there was deliberate foul play so no charges. There's no crime of "owning a pool in which someone drowned".

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

  17. Snow Shovelling by nightsweat · · Score: 3, Insightful

    This might hold up if he were called on it. Where I live you're better off not shovelling your walk in winter rather than shovelling it imperfectly. If you let people trip and fall because you didn't shovel it's a natural condition and not on your property (the city ows the sidewalk). If you do shovel and an icy patch develops, you're liable because you created the dagerous conditions.

    I shovel and salt to try to make it safer and damn the liability.

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  18. Until a malicious person secure up your AP by Anonymous Coward · · Score: 2, Funny

    It work until a really malicious guy secure up your wireless access point, just before you get busted...

  19. How cowardly! by maximino · · Score: 5, Interesting
    Lord knows I hate the RIAA/MPAA as much as the next guy, but this is just stupid. Let's read between the lines here. The only reason that the author of this piece would be worrying about that letter from Comcast is if he's intending to download some copyrighted material himself, in which case he ought to be a man about it and fight The Man in court if it comes down to it and he believes it's within his rights to do. He's intending to lie, in other words.

    Not only does he not have the courage to stand up for himself, he's causing trouble for the rest of us. People can use his connection to send out those penis-enlarging e-mails to the rest of us. And as mentioned above, the FBI isn't likely to be amused by his defense if he becomes the hub for a child-porn ring.

    "Security through apathy". Yeah, right.

  20. Some "security" is based on zigs instead of zags by LostCluster · · Score: 4, Interesting

    The concept of "stealthing" network ports is due for a retirement party. It was great as a young kid, but it aged at Internet time speed. Now it's overdue for a retirement party.

    See, stealthing is the idea of simply not answering the door when somebody unwanted knocks on it, instead of answering "I'm here but I'm not letting you in." which is what happens when a port is "closed" instead.

    It was a great idea when port scanners didn't expect it. The idea being if the first request for a connect never gets a negative reply, the scanner will assume there's no computer at that IP and move onto the next possible victim. It worked against the port scanning threats of the time.

    However, today's worms aren't so nice. TCP, by its nature, attempts to retry when a connection request is ignored, figuring the packets got lost in the Internet cloud somewhere. However, if you send the "I don't accept that kind of traffic!" message, the attacking server hears that, and that sends the attacker on to its next potential victim with no further waste of your incoming bandwidth.

    "Stealth" is the new "Closed". Yeah, it's one of those fashion things where what's cool to do is just what everybody else isn't doing at the moment. So, keep watching, eventually it'll flip back.

  21. Let's play the substitution game, kids! by SuperBanana · · Score: 2, Insightful
    by 'making my Internet connection available to any and all who happen upon it, I have no way to be certain what kinds of songs, movies and pictures will be downloaded by other people using my IP address. And more important, my ISP has no way to be certain if it's me

    OK, now let's make a substitution:

    "by making my gun available to any and all who happen upon it, I have no way to be certain who will be shot by other people using my gun. And more important, the police have no way to be certain if it's me."

  22. Yes indeedy by nizo · · Score: 2, Funny
    Can making your network insecure actually improve your security?

    Yes, in the same way that lighting yourself on fire will (eventually) make you impervious to flames! The fact that you will be a smoking pile of ashes would be a drawback however.

  23. Re:Wow Bigger, heavier, and costs more by LostCluster · · Score: 4, Insightful

    Notice that Speakeasy encurages you to share the bandwidth and also share the bill. Suddenly your WiFi leach is now a party to your ISP agreement. :)

  24. Like WEP is secure? by mikeophile · · Score: 2, Interesting
    And MAC addresses can be spoofed.

    Open or closed, your wireless access point has plausible deniability.

    Keeping the connection open just makes it much more convienent to access for the vast majority of people who are doing nothing illegal.

  25. The author contradicts himself. by h4x0r-3l337 · · Score: 3, Interesting
    The author seems confused:

    Last week, I turned off all the security features of my wireless router. I removed WEP encryption, disabled MAC address filtering and made sure the SSID was being broadcast loud and clear

    and then a few paragraphs later:

    Don't get me wrong. I'm not deliberately opening my network to hackers and miscreants bent on downloading copyrighted material. I'm simply choosing not to secure it.

    Clearly, the author contradicts himself when he first describes exactly how he went about disabling all those security features, and then later stating that he is not deliberately opening his network.

  26. Re:Go view the salon day pass.. then read this by Roland+Piquepaille · · Score: 2, Insightful

    If it ever comes down to a lawsuit, who can be certain that I was the offender? And can the victim of hacking be held responsible for the hacker's crimes?

    Yes you Honor, the police found a girl's dead body in the trunk of my car, but then, I leave the doors open and the key on the ignition all the time, so how can you be certain it was me?

    Come on, this must be a joke...

  27. A pyrrhic victory by Graftweed · · Score: 2, Insightful

    This has got to be the most screwed up article I've read in a long time... I mean, where to begin?

    Are people so desperate when it comes to computer security these days they're willing to commit suicide like this? His problem in the first place was with his ISP, so why not switch to a different one instead of applying his brand of twisted logic?

    Seems like a pyrrhic victory if you ask me. He may be safe from lawsuits from his ISP, which he should have stopped using in the first place, but all the while his systems are open to whoever wants to use them for launching attacks, running little spam operations, you name it... It's not being smart, it's just being irresponsible and let the rest of us suffer the consequences.

  28. Let Comcast Handle This Dork by agentZ · · Score: 4, Funny

    This is a problem for Comcast, not us.

    $ wget -O - http://www.salon.com/tech/feature/2004/05/18/safe_ and_insecure/index.html | sendmail abuse@comcast.net

  29. Re:So... by Roland+Piquepaille · · Score: 2, Funny

    Let me get this straight...
    I won't get hacked because I leave my computers open to hackers?


    Perhaps he's hoping that real hackers (not crackers/pirates) will see him as the lame dipstick he is, take pity on him and leave him alone, to move on to more challenging hacking...

  30. I believe that you are wrong. by fmaxwell · · Score: 5, Insightful

    Unfortunately, I think this only applies when you *don't do it on purpose*. From my point of view, if you design a network solely for the purpose of relieving yourself of responsibility for what traverses your network, you are pretty much screwed once you get to court.

    The prosecution must prove that you committed a crime, not that you tried to make their job difficult. They can't convict you for something just because you tried to obsfuscate your actions or gain plausible deniability.

    As the article title says, "safe and insecure." The author has decreased the risk he faces from lawsuits launched by the RIAA, MPAA, BSA, SPA, etc., in exchange for reduced network security.

    Where he is in grave danger is from his ISP, which could cancel his account in a moment should they get a DMCA complaint, spam complaint, hacking complaint, DoS complaint, or virus complaint tied to his IP address. The courts have to give him due process. His ISP does not.

    1. Re:I believe that you are wrong. by fmaxwell · · Score: 2, Insightful

      Such as "conspiracy to commit" or "accessory to", laws specifically designed for cases like this.

      If you leave a loaded gun on your porch and a total stranger uses it to shoot someone, you may be guilty of negligence, but you are not an accessory to murder nor did you engage in a conspiracy to commit murder. How do you propose that the prosecution prove the the author "conspired" with a total stranger who pulled up in front of his house in a van with a laptop and with whom he never communicated?

      Having deliberately deactivated his security and explicitly said he did so that criminal activity cannot be traced to any person, all the prosecution need to prove is the activity happened over his connection. He's an accessory, and he's in trouble.

      Subtle difference: If the RIAA sues him, whether rightly or wrongly, he has plausible deniability in court. You have to remember that these are the same scumballs who sued an elderly couple who don't even own a computer. Sure, the elderly couple got off, but what happens to the guy who does own a computer and a WiFi network? He's facing a tremendous legal risk -- even if he never downloaded any copyrighted material. He even said, in the article: "So why am I doing this? In a word, privacy."

      If the Department of Homeland Security comes knocking at your door because your connection was used for a suspicious Google Search, would you rather be able to point to an open WiFi connection or be locked up with no attorney as an "enemy combatent"? If you click on a link and it opens 100+ porn windows, some for kiddie porn sites, would you rather try to convince a jury that it was an innocent mistake or convince a judge that your open WiFi connection means that the case should be dismissed?

    2. Re:I believe that you are wrong. by SEE · · Score: 2, Interesting

      You're ignoring the fact that he's published what he's done and why -- an element I specifically pointed out.

      How did he conspire with the guy in a van? He just told the guy, on a major media website, that he's deliberately disabled everything that might assist in the guy's capture. There's nothing in conspiracy law that requires the communication to be secret.

      Now, he says, "I'm not deliberately opening my network to hackers and miscreants bent on downloading copyrighted material. I'm simply choosing not to secure it."

      However, that's blatantly false. He said he "turned off all the security features of [his] wireless router", not never secured it. He said he did this so that he has "no way to be certain what kinds of songs, movies and pictures will be downloaded by other people using my IP address," which shows he clearly contemplated people using it illegally.

      Now, if he'd not published, then he'd have plausible deniability. But as it stands now, no, he doesn't have a shred of deniability. All one has to do is enter his Salon article into evidence.

  31. It's irrelevant that they can't tell. by e.m.rainey · · Score: 4, Insightful

    "...my ISP has no way to be certain if it's me.'"

    But they will have no problem holding you accountable by the terms of usage agreement.
    End of discussion.

    --
    The next remark is false. The previous remark is true.
    1. Re:It's irrelevant that they can't tell. by karmatic · · Score: 2, Insightful

      But the RIAA can't, and they are the ones you really want to avoid.

      Getting a new ISP is easy (usually). Getting back the $30,000 in legal fees to the RIAA is a lot harder.

  32. Once, you could log into Stallman's account by Animats · · Score: 5, Interesting
    Long, long ago, anyone could log into Stallman's account at MIT via the Internet. He didn't have a password. That was intentional. Anyone on the net could look at and copy his files. Even make changes, although you didn't do that without a really good reason. That was how free software worked in 1981.

    So that's where this all came from.

  33. That is not Security by Nom+du+Keyboard · · Score: 2, Interesting
    by 'making my Internet connection available to any and all who happen upon it, I have no way to be certain what kinds of songs, movies and pictures will be downloaded

    That has nothing to do with security, and may remove some protections you otherwise might have to keep people from breaking into your own computers.

    You are looking for lawsuit immunity, which is very different than security. How well that might work is going to depend on when somebody is actually willing to go toe-to-toe against the **AA in court. So far it hasn't happened. They blackmail -- you pay. I don't expect if you just say, "Hey, I had an open Internet connection. Could have been anybody," is going to have them reply, "Oh, sorry, we're dropping our suit immediately." Their case might be weak in court since it would be very hard for them to prove it was actually you unless they served a search warrent against you, siezed your computers, and did forensic analysis on your hard drives and any CD/DVD - R/RW's they got along the way, but that's only after you get to court against their deep-pockets.

    Besides, if you do open your connection intentionally, you are probably in violation of the terms of your ISP.

    Your argument is essentially the same as any Freenet user has -- and that has yet to be tested as well.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  34. Spinder Award Winner! by ericspinder · · Score: 4, Insightful

    I think that we just found our second winner for (sure lets call it) the Spinder Award ("a person who makes a good effort at removing themselves from the Internet). I am sure that some Comcast tech is trying to track him down as I type. Can you say Terms Of Service, (I knew you could).

    --
    The grass is only greener, if you don't take care of your own lawn.
    1. Re:Spinder Award Winner! by H310iSe · · Score: 2, Interesting

      I remember looking into this issue when I was with speakeasy, they very clearly stated that anything going though your connection is your responsibility, so while the cops may have a harder time dragging you into court on _______ charges, your ISP will probably have no problem at all dropping you like a hot potato.

      On a side note I use megapath now and am much, much happier (though I'm sure the TOS regarding this kind of thing is the same, they just have better service...)

      --
      closed minded is as closed minded does
    2. Re:Spinder Award Winner! by cybermancer · · Score: 5, Interesting
      Long ago I ran a BBS (a bulletin board system is a computer with an open modem where people could dial in an send e-mail, exchange files, play games, chat, etc. This is what geeks did before the Internet was available.) In running my BBS I did some research into the common carrier law. This is the law that protects the phone company (at the time) and ISP's today from the actions of their subscribers. In essence, if you don't monitor the activity on your system / network (e.g. Don't listen in on calls), then you are not liable for the actions of those on the network.

      If you are providing wireless network access for your neighborhood, houseguests, or even patrons in your restaurant, then you are a carrier and protected. Just in case you were not sure, IANAL.

      So the question really is if you are in violation of your Terms of Service or not. My experience has been that most cable Internet providers restrict your usage to you and your household - no operating servers (e-mail, web, etc.) This is because of the shared bandwidth nature (bus topology) of the connection. If you are consuming mass quantities, then your neighbor's connection slows down. Same is true of most satellite systems. I am sure there are some satellite and cable ISP's that offer guaranteed bandwidth, so obviously they are the exception to my comments.

      xDSL on the other hand is guaranteed bandwidth (star topology). In essence you have a dedicated pipe between you and the central office. Granted if you could consume all the bandwidth at the CO then you would slow everyone else down, which is why they throttle you and have a really fat pipe there. Now xDSL typically allows servers and other activities that could result in greater bandwidth consumption because you cannot degrade the performance of your neighbors connection.

      So to sum up, it would seem that this strategy would work to defray suits from MPAA, RIAA, etc., and if you were running xDSL it may even be allowed under your TOS. But, your TOS probably says you are responsible for anything that goes over your pipe. This means you are responsible to your ISP, not to anyone else. So if your ISP says "Hey, you can't do that!" then they might pull your plug. It would seem to me that loosing your ISP and having to switch to one of the competitors would be much less of a inconvenience then being sued by RIAA, MPAA, SCO, etc.

      Bottom line, if you think there is a chance that incriminating traffic might take place on your connection (by you or someone else) then you may improve your odds of claiming it wasn't you by adopting this strategy. But when you are trying to download game patches or some other large download, and it is taking a lot longer then you expected, remember that is the price you pay for freedom in this country.

      What you need is a router that provides bandwidth priority to some connections and not others (I forget the term), and also that partitions the public portion of your personal network off from the private portion. And instead of claiming ignorance, claim you are a nice guy who just wants to help out your neighbors, houseguests or restaurant patrons.

      This is in no way an endorsment or advocation for any of the actions outlined in this comment, the comments of others, or the original news post. It is just an observation.

      --
      "Anything is possible with enough programmers, time and pizza." (Substitute caffeine for time as needed.)
    3. Re:Spinder Award Winner! by ForestGrump · · Score: 2, Informative

      What you need is a router that provides bandwidth priority to some connections and not others

      You mean QOS? about qos

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
    4. Re:Spinder Award Winner! by BuckaBooBob · · Score: 3, Informative

      Your Use of Bus and Star Topologies is misleading on how newer broadband connections work.. xDSL is not dedicated to the CO.. Its only dedicated to the nearest concentrator which may or may not be over capasity.. by the time it hits the CO your looking at atleast a 1000-10000+% under supply of upstream bandwidth reguardless of your broadband medium... any salesperson mentioning the word dedicated when he is talking about broadband should be shot... Its the internet and by its nature is a shared medium. its moot to use the work dedicated because it all combines into a pipe that cannot supply every connection if each connection were at peak utilization.. Not even getting into packet switching capasity which is by the large part the real bottle neck when you look at a carrier class connection. The whole debate about cable is faster or xDSL being faster is a moot point its all based on engineering, design, and quality of the "Plant"... I can easily find areas where cable is faster than xDSL and visa versa...

      Also cable has a vast frequency available to utilize and can be setup using multiple freq's creating a virtual star topology in an area... Cable is best described as a hybrid network as you can find nearly every style of network architecture someplace in cable systems.

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
  35. 6 deadbolt theory at work? by RaymondRuptime · · Score: 2, Interesting

    I don't know. I understand that the author is going for privacy at the expense of security, but this seems like the same logic employed by the person I heard about who had 6 deadbolts installed on their door and randomly locked only 3 of them--he figured a burglar would try to turn the bolt in all 6, thereby leaving several locked at any one time. His legal trouble is just going to smash the window and climb in.

    I think all Joel is doing is setting himself up for the high-tech equivalent of a attractive nuisance suit.

  36. Moron by jeremyp · · Score: 2, Informative

    I put up with the advert - actually I made some coffee while it was on.

    The guy says that he's done this so that if his ISP ever accuses him of downloading illegal stuff, he can say "my connection was not secure; it could have been anybody". The fact is, he's posted an article on a publicly available site which tells everybody that he is doing this deliberately. "Well", says the ISP, "you are too stupid to have an internet connection". Snip go the scissors on his line. If this is not in their terms of service, I'm sure they can withdraw it with just a little financial compensation e.g. refund a couple of months of fees. But basically, they will not want anybody who exhibits such deliberate antisocial behaviour as a customer. (Antisocial because, for instance, a spammer could use his connection to send spam).

    He's doing this so he can tell the ISP that it's not his fault if they detect somebody from his IP downloading illegal stuff. He has neglected the fact that if his connection was secure, nobody would be able to download illegal stuff from his IP... ... except him.

    hmmmmmmm.....

    --
    All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
  37. Would people stop mixing... by Kjella · · Score: 3, Interesting

    ...contract (civil) law and criminal law? Your ISP will cut you off in about .02 secs flat if you violate your ToS, and if someone else has had access to it, you have. No and, ifs or buts. Unless your ISP would like to argue that you deliberately or grossly negligently (people are so computer illiterate, it doesn't even exit) broke the terms, they have no case.

    You rented a car, the car got stolen? You don't get sued for violating the contract saying you couldn't turn it over to anyone else (you might have to pay for the car/insurance, but that's in their contract, not a violation of it).

    Criminal law is a different matter. You either have to commit, be an accessory to or facilitator of the crime. Normally you could have trouble by being grossly neglient, like having an unsecured well, but again: People are so computer illiterate it won't fly.

    To qualify as an accessory or facilitator of, you'd have to either actively contribute or actively avoid knowing about it. Here's the clue-by-four: Electronic communication is invisible. People have tons of spyware, viruses, open relays and so on. Open wireless is just one more type.

    The ignorance defence works. Where I think it'll fall down is if you try to use it as a cover for committing crimes yourself. For anyone to care about your claim that wardrivers/aliens/gremlins did it, they'd have to actually look at your setup.

    And if they got to that point, they'd probably recover more than enough information from your hard drive to take you down hook, line and sinker. Unless you do religious encryption, wiping and so on, in which case they'll slam your ass for details because "he probably deserves a lot more".

    So if they're going after you based on IP address alone and you want to bluff (note: Falsifying evidence, perjury are serious crimes), install an open wireless afterwards. If you're doing something bad enough the FBI raids your ass and examines your computer, it won't do you any good anyway.

    What have you gained by opening it up now? As far as I can tell, nothing more than the good chance your ISP will cut you off, or the FBI raid your ass based on what someone else has been doing. I'd rather take my chances as a casual pirate than a casual pirate whose wireless network was used to release kiddie porn or the latest windows worm, all things considered...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  38. Re:If you let them by radish · · Score: 2, Informative

    If you load your car to a friend and they kill someone, you're liable

    Rubbish. The only person liable is the driver, not the owner (provided I had no reason to believe that they would do that if I lent it to them). That's like saying if I kill someone in my car you can prosecute the car dealer who sold it to me, or the manufacturer who made it.

    --

    ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

  39. Re:Ignorance defence will not work. by rfc1394 · · Score: 3, Insightful
    It will end up like the red light traffic cameras that are exploding into use in the US. They just send the ticket to the registered owner. It doesn't matter who might have been driving, you WILL pay the ticket because it's your car. No exceptions, no excuses.
    Uh, not quite. If you can show it's not you driving (which the photos would make clear) you are not liable.

    The problem here is that for some activities, the liability quotient is strict liability, that is, liability without fault. If the material is not stored on his computer, he has no liability. If someone stores kiddie porn on his computer, generally there is no defense available; it's presumed you knew it was there unless you can get a jury to believe you didn't download it. Now whether failing to secure his network makes him liable (or relieves him from liability) is another issue.
    Paul Robinson >Postmaster@paul.washington.dc.us>

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  40. freedom's just another word by Doc+Ruby · · Score: 4, Insightful

    You are a legitimate user. Please send your keys and passwords to the FBI. And the CIA. And the NSC. And your local police. And the lawyers in your town, nearby city, your state capitol. And their accountants. And their psychiatrists. And their priests. And their doctors. What are the chances something bad will happen? You have nothing to hide, and they're all trustworthy, right? And with your passwords and keys so widely distributed, you won't ever get locked out of your car, house or ATM, and you need never remember anything, keychain to wallet. You have achieved total freedom!

    "Freedom's just another word
    For nothing left to lose"
    - Kris Kristofferson, "Me & Bobby McGee"

    --

    --
    make install -not war

    1. Re:freedom's just another word by Fjandr · · Score: 2, Funny

      You kick ass. :)

  41. It's called an attractive nuisance by Jim+McCoy · · Score: 3, Interesting

    It is not acting in reckless disregard, the legal term you are looking for is "attractive nuisance."

    For an example, lets say you have a swimming pool. You put up a fence keep the gate locked. You post signs saying "danger, no lifeguard." You chase away all the neighbor hood kids when they come around, but one climbs in late at night and drowns. You are at fault.

    The author of this article has shown himself to be a sophisticated technical consumer. Someone who knows what they are doing. By choosing _not_ to protect access to his line he is acting in a negligent manner and his open AP could be considered an attractive nuisance.

  42. where did I see that before? by N3wsByt3 · · Score: 2, Interesting

    Actually, the defence brought by the author is exactly the same as is done with Freenet (see a recent /. article about Freenet&paypal). Only, Freenet does it much, much safer.

    Strange, I don't see many replies here crying faul and shouting that it is 'supporting childporn'. What? Keeping no log will provide a safehaven for all those myriads of baby-rapists out there, no?

    Ah well...maybe one should forbid that too, then. And wile we're at it, all 'hot spots' should be forbidden too.

    Shows how absurd those arguments were.

    And furthermore, those people that claim that ISPs, as a carrier, have protections while we have not, don't know what they are talking about. If you use your puter/server as a carrier, then, by definition, you fall under the same protections (at least where I live). There is nothing in the law that says end-users can't have carrier-protection when they act as a carrier, but companies can.

    You could still be violating your TOS, however, that is true. Though, it should be noted that some ISPs allow it, and in any case, a TOS-violation isn't that big a deal within a free market-economy where ISPs battle for marketshare.

    --
    --- "To pee or not to pee, that is the question." ---
  43. FBI-statement by N3wsByt3 · · Score: 3, Insightful

    Indeed! We, the FBI are not EVIL. We are GOOD. We are the FRIEND you always wished for but never had! We are your best PAL, ever.

    Trust us!

    You, sir, make a very, very good point!

    Since you are, without doubt, a legitmate user of the internet, please provide us with your login and passwords of all your emailaccounts or any other internetservice or tool you might use. Also, can we count on you to promote the use of encryption where we, as part of your trusted government, have the key/pasword of? It didn't work out the last time we and our pals on the NSA tried it, but with enough help of you and your ilk, we just might succeed, this time.

    Thanks for your cooperation, and be sure to distribute our leafflets "Trust your Good Friend the FBI to Do what's Right". Please don't forget to place your name and address on that leaflet, however, because we try to change the law so we can make that obligatory.

    To combat CRIMINALS ofcourse, not law-abiding citizens like you!

    your friend,

    the FBI

    --
    --- "To pee or not to pee, that is the question." ---
  44. Missing the point by danheretic · · Score: 2, Insightful

    Most people here are missing the point. The point here is not that the Salon guy isn't honoring his TOS, or any of the other objections I've seen so far. It's that he's being morally irresponsible.

    Some have mentioned equivalent scenarios such as leaving your gun in your house, and someone stealing it, and then whether or not you should be liable for the damage they do with it.

    The difference here is that the writer of the article isn't like just some shmoe hillbilly or weekend hunter who happens to have a gun. These are ordinary people, with valid (or at least plausible) excuses for not securing their property if a mishap occurs. No, the writer is like a cop, who knows full well what happens when guns get stolen, and yet keeps his gun in plain sight in an unlocked cabinet in his unlocked home.

    What is important here is not the ability he has to safeguard his stuff, but the knowledge that he's doing something irresponsible. He's trying to fake an insanity plea. He's an out-and-out liar if he tries to claim that he "just didn't know" someone would use his connection.

    The other part is that, as a (I assume) at least semi-educated netizen, he should know that it takes everyone's participation to make things better. If MOST of the people who used wireless networks secured their networks, wardriving wouldn't be such a big hobby. If most of the people who used Windows practiced safe patching, antivirus, antimalware and email techniques, Windows wouldn't be such a big target.

    He's shuffling the blame. "Let someone else deal with it," he is saying. That's a combination of irresponsibility and laziness.