RE: Wireless access

From: Keenan Smith (kc_smith_at_clark.net)
Date: 04/01/04

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    To: "'Mitchell Rowton'" <mrowton@bdo.com>, <jswhitford@acm.org>, <Robert.Mezzone@PJSolomon.Com>, <security-basics@securityfocus.com>
    Date: Thu, 1 Apr 2004 08:04:15 -0500
    
    

    I don't think it's a very productive thing for a bunch of techies to get
    sucked into a legal argument, of all things! However, it's been my
    experience that any statement that includes "you won't be liable" is
    probably wrong.

    First off, "reasonable effort" is a subjective term. What's reasonable
    to you or me may not be to the court. My ex-wife, in personal injury
    law, once told me that there's no such thing as "no-fault". Somebody is
    ALWAYS at fault. As soon as you establish fault, you establish
    liability.

    With that attitude from the legal profession, I don't think anything we
    EVER do will be completely protected.

    My opinion is to provide the best technical solution that can be
    implemented within the budget and hope for the best.

    KC Smith
    kc_smith@clark.net

    -----Original Message-----
    From: Mitchell Rowton [mailto:mrowton@bdo.com]
    Sent: Tuesday, March 30, 2004 12:51 PM
    To: jswhitford@acm.org; Robert.Mezzone@PJSolomon.Com;
    security-basics@securityfocus.com
    Subject: RE: Wireless access

    This reminds me of an old conversation. Will you be liable if one
    extranet partner uses your connection to bad things to another extranet
    partner?

    I don't think there was ever a firm answer from legal. But its my (NOT
    LAWYER) opinion, that if you make a reasonable effort to keep things
    like this from happening i.e changing and disabling broadcast of the
    SSID, then you won't be liable. You have to strike a balance between
    how much time=money you are willing spend to protect someone else from
    someone else. I would be a good internet citizen, and make certain
    configuration changes to restrict this type of incidental use, but I
    would not recommend spending money (on a firewall for example) on this
    type of circumstance.

    --
    Mitchell
    >>> Robert Mezzone <Robert.Mezzone@PJSolomon.Com> 03/29/04 12:17PM >>>
    As an example, what happens if a person (unknowingly) connects
    wirelessly and downloads a music file?  They are outside our firewall
    but they are still connected to our network. Wouldn't the company still
    be liable?
    Thanks.
    Robert
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