[AusNOG] OT: Police Wardriving. Where else but QLD!

Sat Mar 24 00:20:30 EST 2012

I partially agree.  Given there are no specific laws about accessing
unsecured wireless networks (I believe), the issue would likely to be a
tort one (civil).

It is a basic principle that in civil matters 'he who asserts must prove'.
 If you want the court to exercise its authority then it is the plaintiffs
(accuser) responsibility to convince the court that a law has been broken
and to take action. The burden of proof has to be met by the case being
proven on the balance of probabilities.

If it was criminal - which I don't think it is (but could be wrong), then
the prosecution must prove beyond reasonable doubt that the access was
intentional.  Even if someone committed a crime using someone else's wifi
service and that was proven, proving the access of the wifi service was
purposeful would be very difficult without evidence to support it.

So, you say 'intent'... that is one of the hardest things to prove in
criminal cases, and almost impossible (perhaps irrelevant) in civil cases.

 *...Skeeve*

On Fri, Mar 23, 2012 at 16:39, James Troy <james.troy at intralot.com.au>wrote:

>  I disagree, in the instance of someone ‘googling’ the information about
> themselves as I believe it was done to lead to the discovery, is a very
> innocent task, however knowingly connecting to another unsecured wireless
> network in knowingly accessing resources that they know they should not be
> accessing.****
>
> ** **
>
> It comes down to (IMO) the intent of the user.****
>
> ** **
>
> Thanks****
>
> ** **
>
> *James Troy** **| **Network / Windows Administrator*
>
> * *
>
> *INTRALOT GAMING SERVICES PTY LTD*
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>      Port Melbourne VIC 3207****
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> *From:* ausnog-bounces at lists.ausnog.net [mailto:
> ausnog-bounces at lists.ausnog.net] *On Behalf Of *Joseph Saxton
> *Sent:* Friday, 23 March 2012 4:32 PM
> *To:* Jarrod Hassell; ausnog at ausnog.net
> *Subject:* Re: [AusNOG] OT: Police Wardriving. Where else but QLD!****
>
> ** **
>
> I don’t agree. If its an open network without any sort of authentication
> then you’re not breaking any rules. If you remember when telstra’s customer
> details was somehow available to the public internet due to poor security.
> There was no sort of login/authtication system that protects that
> information. Therefore the users who accessed that data shouldn’t be in
> trouble. Nothing is stopping them it’s just freely available on google. its
> telstra’s fault for not implementing correct security.****
>
> ** **
>
> So if a user access’s an open network that has no authentication or any
> sort of security then I don’t believe it is illegal. Its open, therefore
> people can access it. ****
>
> ** **
>
> ** **
>
> ** **
>
> *From:* ausnog-bounces at lists.ausnog.net [mailto:
> ausnog-bounces at lists.ausnog.net] *On Behalf Of *Jarrod Hassell
> *Sent:* Friday, 23 March 2012 16:11
> *To:* ausnog at ausnog.net
> *Subject:* Re: [AusNOG] OT: Police Wardriving. Where else but QLD!****
>
> ** **
>
> If they actually connect to the AP without permission, could that be
> classed as QPS hacking?****
>
> ** **
>
> Regardless of whether it's secure or not, unauthorised access to computer
> systems is illegal, yes?****
>
> ** **
>
> Regards,****
>
> ** **
>
> Jarrod Hassell | Product Development Manager****
>
> PACNET****
>
> Tel: +61.3.9674.7506****
>
> ** **
>
> *From:* ausnog-bounces at lists.ausnog.net [mailto:
> ausnog-bounces at lists.ausnog.net] *On Behalf Of *Sean K. Finn
> *Sent:* Friday, 23 March 2012 10:46 AM
> *To:* 'Ausnog at ausnog.net'
> *Subject:* [AusNOG] OT: Police Wardriving. Where else but QLD!****
>
> ** **
>
>
> http://www.brisbanetimes.com.au/technology/security/police-to-cruise-streets-for-unsecured-wifi-20120322-1vmof.html
> ****
>
> ** **
>
> “The project was *officially launched yesterday*<http://qpsmedia.govspace.gov.au/2012/03/22/war-driving-project-to-help-prevent-identity-theft/> to
> coincide with National Consumer Fraud Week.****
>
> Officers in the Hi Tech Crime Investigation Unit on wardriving missions
> will drive the streets of Brisbane with a laptop computer, looking for
> unsecured Wi-Fi networks.****
>
> Residents and businesses owners in targeted areas will then be mailed
> information about how to effectively secure their connection.****
>
> Police will return to the area some time later to check whether residents
> have taken heed of the warning.****
>
>
>
> Read more:
> http://www.brisbanetimes.com.au/technology/security/police-to-cruise-streets-for-unsecured-wifi-20120322-1vmof.html#ixzz1ptOph04u
> ”****
>
> ** **
>
> ** **
>
> ** **
>
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