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

Mon Mar 26 10:25:33 EST 2012

Im no law expert but I do think there is a gap somewhere in the law in
relation open networks (eg, wi-fi).

When you use a public open wi-fi network at a university or McDonalds
your given a set of policies and rules that the user must agree when
using that wi-fi network.

As Steven explain before. If there is no sign/notification then how is
one to know if it is private??

From: Skeeve Stevens [mailto:skeeve+ausnog at eintellego.net] 
Sent: Saturday, 24 March 2012 00:30
To: Joseph Saxton
Cc: James Troy; Paul Wallace; Jarrod Hassell; ausnog at ausnog.net
Subject: Re: [AusNOG] OT: Police Wardriving. Where else but QLD!

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

 <http://eintellego.net/sig/logo.png> 

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 <http://www.intralot.com.au> 

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] 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-str
eets-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-str
eets-for-unsecured-wifi-20120322-1vmof.html#ixzz1ptOph04u"

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