On Thu, 29 Nov 2012, Naslund, Steve wrote: [...]
When it comes to running an open access point, I think the legal issue would be negligence. Is it negligence for the 90 year old grandma to have an open AP (probably not, just didn't know better)? Is it negligence for me to have an open AP (probably, I am a network professional and know how to secure a network).
In order for there to be a civil claim of negligence there must be, inter alia, a breach of duty. What duty has been breached in your scenario? None. [...]
This is certainly an interesting discussion and I think there are not a lot of concrete answers since this is on the edge of technology law. I
Actually some of us have been teaching and writing about this stuff since the mid 1990s. These issues are far from new; we went through them in the early anonymous remailer days. <relurk> -- A. Michael Froomkin, http://www.law.tm Blog: http://www.discourse.net Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law Editor, Jotwell: The Journal of Things We Like (Lots), jotwell.com U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | froomkin@law.tm -->It's warm here.<--