Slashdot Mirror


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.'"

55 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 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
    5. Re:In related news... by TwP · · Score: 4, Funny

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

      You're new here . . .

    6. 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.

    7. 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?
    8. 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
    9. 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.

    10. 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.)

    11. 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.

    12. 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
  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 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.
    2. 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
    3. 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).

    4. 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!
    5. 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.

  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.
  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 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.

  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!

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

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

  13. 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

  14. 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

  15. 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 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"

  16. 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
  17. 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.

  18. 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.

  19. 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. :)

  20. 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.

  21. 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

  22. 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.

  23. 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.
  24. 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.

  25. 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 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.)
    2. 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
  26. 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
  27. 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.
  28. 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

  29. 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.

  30. 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." ---