New Hampshire's WiFi bill

[Don Davis]

From:    David Nelson
To:      IEEE-802-11-tgi
Subject: Re: This is your wake up call!
Date:    Fri, 9 May 2003 11:43:38 -0400

Being a New Hampshire resident, I have read this press coverage of this issue with a certain amount of amusement.  The actual text of the proposed modification to the statute is as follows:

"b) The owner of a wireless computer network shall be responsible for securing such computer network. It shall be an affirmative defense to a prosecution for unauthorized access to a wireless computer network if the unauthorized access complies with the conditions set forth in subparagraph I(a)(1)-(3)."

The only big change is the first sentence.  I read this as a statement of public policy -- it certainly doesn't entail any consequences for the network owner if they fail to secure their WLAN.  The second sentence basically re-affirms the existing statute provisions [subparagraph I(a)(1)-(3)] in terms of an affirmative defense.  These sections of the law do not condone intentional connection to networks for which you do not have a reasonable belief that you are authorized to attempt such access.  I don't see this as an attempt to legitimize hostile attacks or malicious "war driving".

I think that the intention of the legislation is to "decriminalize" one of the default behaviors of Windows XP, i.e. to automatically connect to any non-secured network it can find via probe requests.  The story behind this legislation is that a "good Samaritan" who inadvertently connected to a private, non-secured WLAN with happenstance RF coverage in a downtown Manchester, NH coffee shop was sued by the company operating the WLAN when they were informed by the "good Samaritan" that their WLAN was open to the public.

Regards,

Dave

David B. Nelson
Wireless & AAA Architect, Office of the CTO
Enterasys Networks, Inc.
50 Minuteman Road
Andover, MA 01810-1008
Phone:  ...
E-mail: ...
  

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