* Who takes ownership for harmful content?
Given the fact that a wireless signal is not containable like a segment of cabling, Wi-Fi can leak through walls and into a neighboring office or driveway. This characteristic allows others with 802.11 client devices to piggyback onto your network by happenstance or intent, if your network has not been properly secured.
One reader who responded to my request for opinions on the St. Petersburg, Fla., case, in which a man was arrested for mooching off an 802.11 residential connection from his SUV http://www.networkworld.com/newsletters/wireless/2005/0718wireless2.html?rl, brought up the issue of liability when poachers go to work.
Martin points out that service providers are actively getting into the business of installing wireless router/access points as part of package and managed service deals. So, questions Martin, if an intruder should download harmful content such as child pornography or illegal copyrighted material, who is liable if that activity is discovered and traced?
Would it be the official user/owner of the wireless LAN or the managed service provider? If a provider is taking ownership for making sure you are “up and running” with a service, should that provider make sure, too, that you are secured with an appropriate configuration?
Opines Martin: “And I still believe the broadband market, now also including WLANs as the last connectivity segment, is immature, and what will follow should be tougher requirements on the providers and how they offer and terminate their services.”
Finally, a nod to J.R., who comments, with regard to the St. Petersburg case: “In this ‘civilized’ world of ours shouldn’t the ‘guy in the car’ and the ‘guy with the wireless’ just be able to work it out without all the government involvement?”
In an ideal world, yes. But if the “guy in the car” was, indeed, stealing by intent, that would be like asking, “Can’t thieves and their victims work out their problems without a legal system?”
But if the “guy in the car” had no criminal intent, perhaps his action will lead to some clear guide as to what is and is not legally acceptable behavior in this area. Then, at least people will know when they are and are not doing something wrong.
