Ignorantia juris non excusat

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We all know this statement….Ignorance of the law is no excuse. It can also make you look rather foolish.  One of my friends, Ann Sattley,  writes a blog about these law foibles.

WiFi.  You know, the wireless internet service that we have (most of us, anyway) in our homes, our offices, some coffee shops, and McDonalds, among others.  And, most of these services provide totally unfettered connections.  (My favorite coffee shop, which I normally name, is among them.  This is a warning for them, too!) Most folks buy the wireless adaptor and let it automatically set itself up.  Which means there is NO security whatsoever.  The router itself can be hacked, because it’s left with the manufacturer’s settings (with such tough credentials as  user: Admin and password: password)- so that anyone coming by your block can reset the device to their liking. Or, anyone within “sight” can piggyback on your signal.  You have no idea who is using your bandwidth or why.  “So what?”, you say.  “I have plenty of bandwidth.  It’s not hurting me.”

Um.   Knock, knock.  You are putting yourself at risk.  A BIG risk. Why?  Because, it may not just be someone using your bandwidth innocently- to get instructions home or obtain his eMail.  No, s/he could be a hacker, a spammer, a pirate (of information or data), a child pornographer, or a terrorist.  (Every one of these cases has already been adjudicated in the courts.  Except for the last, where the subject was not, but where the terrorists in Mumbai managed to execute 46 and maim 200 using a US citizen’s wireless network, when he was in that city.)

And, while you don’t know who s/he is, your internet provider knows who YOU are.  And, they log all activities on your connection.  Which they then provide to law authorities wanting to know who is responsible for these actions.  That means YOU! Yup.  If the attacker uses an unsecured wireless network, the victims of the crime(s) have the right to collect damages from the owner of the unsecured wireless network.  Oh.  And, your homeowner’s policy?  It won’t pay- because it has a “gross negligence” clause.  And… letting criminals use your wireless network without securing it- that’s the definition of gross negligence.

And, while, at least in America, the courts have yet not decided this, you can bet that WEP (Wired Equivalent Privacy- that’s their terminology; mine is We Entertain Piracy) is so easily cracked that it’s useless.  You need to use the longer, more complex password systems like WPA (WiFi Protected Access).

It’s not just the law in America.  Germany has ruled that internet users are responsible to provide password protection on their wifi- or are subject to fines, if pirates or terrorists employ that network. Oh, and you wifi thieves?  Even the benign unauthorized use of a wifi network is a felony.  Yes, a felony!  In America, it’s “unauthorized access to a computer network”, which is a third degree felony.  In Canada, it’s called “theft of telecommunications”.  The UK (Britain) and Singapore have similar regulations.

So, don’t “sidle” up to that coffee shop, if you haven’t purchased a beverage.  Because as Sam Peterson (at the Union Street Café, Sparta, Michigan) found out- you can’t park your car (even in an authorized spot) and check you eMail or surf the net.  Sam was lucky- they did not sentence him to five years in prison or impose a $ 10,000 fine.  They let him off easy with 40 hours of community service and a $ 400 fine.

Well, now you know…When will you do something about it?

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18 thoughts on “Ignorantia juris non excusat”

  1. I have a good long password on my wireless…one that not even I can remember (that isn’t hard though) and keep written on a piece of paper which is stored in…hey, I’m not telling you 😛 With new things comes new ways to commit crimes, eh? A few years ago we had a person who was never caught, who called themselves a white hat hacker. They would drive around town and unsecured wireless got hacked and he/she dropped a note on your computer that they put a virus and how to remove it, and why they did it (to alert the user of the danger) and instructions on how to prevent people like them from doing what they did. Kind of dickish thing to do, even if the result was they tightened their security.
    Lisa Brandel recently posted..For The Trees by Lisa Brandel

  2. This is important information Roy. As we become more and more dependent on our connectivity I think this issue will be more of a problem.
    What others also don’t realize is when you use a random wi-fi connection that is unsecured (ie. in the apt next door) you also run the risk of that person being underhanded and collecting info from your computer as well.
    You know, it goes back to that simple idea – don’t take what isn’t yours. Period. Safer for you, more considerate for others and keeps you out of trouble either way.
    Bonnie recently posted..On the Brink

    1. Um… that’s exactly what we do to folks who invite themselves into our abode, Bonnie. Under US government law, that is trespassing- and you know what America lets you do to trespassers in your home? Well, erasing hard drives is a lot less problematic than buying a gun and shooting them!

    1. Actually, Gordon, if you read their manuals (oh, now THERE’s a novel concept- pun intended), they do tell you to choose your password and not leave the unit in its shipping state. But, you can bet that if they recommended a setting, everyone would use that same one. This reminds me of the post about the 25 worst passwords- among them Michael and Ashley…

      1. ah, yes, the suppliers might try the old ‘it’s in the manual’ line, but what I mean is that they could design it so you can’t actually use it until you set a new password, it comes up as part of the installation. I’m sure their vastly paid lawyers are more on top of it than I am though!
        The Great Gordino recently posted..Sticking My Oar In To Try Something New!

  3. I am always telling my clients that ignorance of the law is no defence. A lot of the time they don’t believe me! Relieved to realise my router has a password but I think the one I had before was unprotected. Thanks for the info.
    Harriet Stack recently posted..On the rapids

  4. What is wrong with people who don’t use password protection? In this day and age, it’s very irresponsible. I always make sure is password protected. Like Lisa said in the comment, I try to use one even I won’t remember. If I don’t remember it, no one else can guess. My favourite passwords includes lots of l’s, 1’s, 0’s, o’s 5’s & S’s.
    Jeffrey Scott recently posted..Too, Shy, Shy

    1. Those’ll work, Jeffrey. I try to choose passwords that can be remembered in context (so they don’t have to be written down…)
      But, any password that uses a combination of numbers, letters, and symbols that does not include one’s birthdate or name will work.

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