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March 18, 2004, 3:15 p.m.
(Reception to follow)
David Packard Electrical Engineering Bldg.
Packard Auditorium
Stanford University
Presentation - Featured Speaker
- Jennifer Granick, Stanford School of Law, Lecturer and Executive Director of the Center for Internet and Society (CIS)
Panel Discussion
- Chris Handley, Chief Information Officer, Stanford University
- Professor John Mitchell, Stanford University
- Patrick O'Hare, Sr. VP Engineering, Comcast Cable
- Tim Pozar, co-founder of the Bay Area Wireless Users Group (BAWUG) & founder of the Bay Area Research Wireless Network
- Adam H. Tachner, Vice President & General Counsel, Atheros Communications, Inc.
Abstract
As the Internet technologies have matured, legal clashes between public rights to make use of digital resources and private rights to control computers, networks, services and intellectual property have occurred with increasing frequency. The latest emerging instance is that of IEEE 802.11 "Wi-FI", or wireless network "Hot Spots".
In this technology, a user accesses the Internet via radio broadcast on an unrestricted frequency band. Initially, most access points were unsecured and anyone with the appropriate technology could connect. Access points, which are limited to usually about 100 feet from the source, were initially unmarked, but people found them with "sniffers" and identified access locations with informal graffiti called "war chalking". Web sites continue to publish locations of wireless access points.
With increasing numbers of wireless enabled laptop computers, two main business models have emerged based on the public provision of open wireless access. One is the "attractor" model in which coffee shops and churches attract clients because of free wireless Internet access. The other is the subscription model where clients pay a daily or monthly fee.
Meanwhile, many businesses and homes have private wireless access points, perhaps permitting access inadvertently, because security is light or even non-existent. The central legal issue that has developed is whether access to such systems is perfectly legal, or whether it is a trespass or theft of wireless services. Arguments for the former are based on the pre-existing culture and the fact that this is, after all, a radio broadcast on an unrestricted frequency. Arguments for the later are based on analogies to cable and satellite TV signals. Should access to unsecured computer networks or systems be prosecuted if no damage was done? Current cases and legal debates will strongly influence the growth of this new technology and emerging industry.
This seminar will present background on the emerging situation, recent legal cases and insights into the debates within and outside the legal profession. The topic will be further explored via discussion among a panel of experts from various standpoints in the field.
Case Histories
- A Houston computer security analyst was prosecuted by acquitted after demonstrating the insecurity of a county courts wireless LAN.
(http://www.theregister.co.uk/content/55/26397.html)
- A "Honeypot sting" operation in DC targets "bandwidth borrowers"
(http://www.securityfocus.com/news/552)
- In November, a Toronto man was charged with stealing wireless signals after he was found downloading pornography from his car.
(http://www.canoe.ca/NewsStand/LondonFreePress/News/2003/11/22/264890.html)
- Two men were charged under the Computer Fraud and Abuse Act after using wireless to access store computers.
(http://www.theregister.co.uk/content/69/33959.html)