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

[Skeeve Stevens]

Unauthorised access carriers the burden that there is sufficient
understanding or attempt to make obvious that the access is forbidden.

For example... most people put banners on their routers saying that the
device should not be accessed and often quotes some penalty.

It would be like walking past a field... with no fences, no signs... there
would be no reasonable assumption that the land would be private property
and unauthorised access would not trigger.

I suspect that connecting to any open access point, on purpose,
or accidentally would easily be argued that there was no obvious 'Do not
enter' notification - hence burden of proof would be extremely hard to
establish.

---

From:
http://www.legislation.nsw.gov.au/fragview/inforce/act+40+1900+pt.6+0+N

*308B*   *Meaning of unauthorised access, modification or impairment*

(1)  For the purposes of this Part, access to or modification of data, or
impairment of electronic communication, by a person is *unauthorised* if
the person is not entitled to cause that access, modification or impairment.

(2)  Any such access, modification or impairment is not unauthorised merely
because the person has an ulterior purpose for that action.

(3)  For the purposes of an offence under this Part, a person causes any
such unauthorised access, modification or impairment if the person’s
conduct substantially contributes to the unauthorised access, modification
or impairment.


*Skeeve Stevens, CEO*
eintellego Pty Ltd
skeeve at eintellego.net ; www.eintellego.net

Phone: 1300 753 383 ; Fax: (+612) 8572 9954

Cell +61 (0)414 753 383 ; skype://skeeve

facebook.com/eintellego

twitter.com/networkceoau ; www.linkedin.com/in/skeeve

PO Box 7726, Baulkham Hills, NSW 1755 Australia

The Experts Who The Experts Call
Juniper - Cisco – Brocade - IBM



On Fri, Mar 23, 2012 at 16:46, Joseph Saxton <Joe.Saxton at workforce.com.au>wrote:

> True, using someone else’s bandwidth that the owner pays is considered
> stealing. ****
>
> ** **
>
> How can you different an open network that is either private or public. If
> I was going to court for unauthorised access to a computer network that had
> no sort of security set up, I would argue ‘the network was open how do I
> know if its public or private’???....****
>
> ** **
>
> ** **
>
> ** **
>
> *From:* James Troy [mailto:james.troy at intralot.com.au]
> *Sent:* Friday, 23 March 2012 16:41
> *To:* Joseph Saxton; Paul Wallace; Jarrod Hassell; ausnog at ausnog.net
> *Subject:* RE: OT: Police Wardriving. Where else but QLD!****
>
> ** **
>
> Isnt data (bandwidth) a form of property, you buy it, it is a commodity,
> therefore you own it, if someone uses it without your permission is that
> not stealing?****
>
> ** **
>
> Thanks****
>
> ** **
>
> *James Troy** **| **Network / Windows Administrator*
>
> * *
>
> *INTRALOT GAMING SERVICES PTY LTD*
>
> [A] 299 Williamstown Road, ****
>
>      Port Melbourne VIC 3207****
>
> [T] + 61 3 9673 3993****
>
> [E] james.troy at intralot.com.au****
>
> [F] + 61 3 9645 6066****
>
> [W] *www.intralot.com.au*
>
>  ****
>
> [image: Description: Description: INTRALOT_AUSTRALIA] ****
>
> *P* Please consider the environment before printing this e-mail  ****
>
> ** **
>
> *From:* ausnog-bounces at lists.ausnog.net [mailto:
> ausnog-bounces at lists.ausnog.net] *On Behalf Of *Joseph Saxton
> *Sent:* Friday, 23 March 2012 4:40 PM
> *To:* Paul Wallace; Jarrod Hassell; ausnog at ausnog.net
> *Subject:* Re: [AusNOG] OT: Police Wardriving. Where else but QLD!****
>
> ** **
>
> That would relate to property wouldn’t it? ****
>
> ** **
>
> *From:* Paul Wallace [mailto:paul.wallace at mtgi.com.au]
> *Sent:* Friday, 23 March 2012 16:49
> *To:* Joseph Saxton; Jarrod Hassell; ausnog at ausnog.net
> *Subject:* RE: OT: Police Wardriving. Where else but QLD!****
>
> ** **
>
> It’s called trespass followed by theft!****
>
> ** **
>
> Old old common law****
>
> ** **
>
> Paul****
>
> ** **
>
> ** **
>
> *From:* ausnog-bounces at lists.ausnog.net [mailto:
> ausnog-bounces at lists.ausnog.net] *On Behalf Of *Joseph Saxton
> *Sent:* Friday, March 23, 2012 3:32 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 <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 <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
> ”****
>
> ** **
>
> ** **
>
> ** **
>
> [image: Description: Image removed by sender.]****
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