Thread: The legalities of wardriving.

Originally Posted by BarryWoods

How's it cheating?? How many people do you know that actually use a 28 random character password??

I will give you that it works on a scary percentage of networks, but not me. I don't use the functionality of converting a text password into a hex key at all. All i am saying is that it is NOT a flaw of WPA itself but rather how most people enter their encryption key. That program exploits a vulnerability of passwords period rather than WPA.

Originally Posted by Wiredwrx

I was posting opinion, based on the law. I am certainly no legal expert, but I do know that absent a law, there is no law to be broken. It has been said several times in the thread (not just by you) that it is illegal, and yet no one has been able to find a law that makes it illegal. It's like me saying "sneezing is illegal" With out a law, or seeing the law, I can say it is most definitely NOT illegal. Perhaps it should be illegal, since it spreads germs. Perhaps one day it MIGHT be illegal, but right now it is not.

Same thing, perhaps it should be illegal, perhaps it will be illegal in the future, but it is currecntly NOT ILLEGAL. If you want to not do soemthing for other then legal reasons, by all means, no one can fault you. But, that is not the same as it being illegal.

Michael

to expand on this...

Negative liberty vs positive liberty (Isaiah Berlin http://en.wikipedia.org/wiki/Isaiah_Berlin)... or more simply "freedom from" vs "freedom to". Two different, but both valid, ideals of liberty. Generally the US works with the ideal of negative liberty embodied in the constitution. All rights not reservered to the federal government or the states belongs to the people. If there isn't explicitly a law forbiding it... making it illegal... then is it legal.

Speeding is illegal. There is a law.

Driving through a yellow light isn't illegal. Red is illegal. Yellow means "prepare to stop", not "stop". Racing to catch a yellow light isn't technically illegal, but a cop is likely going to catch you with reckless driving.... or speeding too if you exceeded the speed limit.

Picking up a dollar... fifty dollars that are left sitting on the road isn't illegal. Who is in POSSESSION of it? How do we know who "owns" it?

Originally Posted by Wiredwrx

You don't understand how the courts and lawsuites work. It's O.K., there is a whole semester in lawschool specifically that teaches you Remedies, what one is entitled to, can win, for each type of cause of action. You can't just sue for whatever you want.

Even if it were some sort of cause of action, say theft/larceny, the only thing one is entitled to is actual damages. Since the actual damages are the amountof electricity, and the cost of the bandwidth, that is all he is entitled to, plus court costs. Not lawyers fees, and not preparation costs, just COURT COSTS.

Michael

I have only taken some intro law classes and I did say tack on court fees, you don't need a lawyer for small claims hence why I didn't say lawyer cost. Oh and the 5 grand I mentioned was in response to another post in which 5 grand was tossed out. Small claims only costs a couple hundered bucks.

Thread that shows the small costs in going to small claims:
http://forums.delphiforums.com/n/mb/...msg=198041.201

Now this all very silly as there aren't laws dealing WiFi "theft", but just showing how he could recoup some of the "costs".....why am I typing this out to you?