Duty to Secure your WiFi Access Point?
Something bad happens online. It happens. Plaintiff has the IP Address of the perp. Does plaintiff know whodoit? Is the account owner of an Internet access account liable for anything that happens on that account? Do you have a duty to secure your WiFi access point?
Where the Wiretap Act and WiFi Collide
The story of the consternation over open WiFi access points continues to unfold. In this episode, Plaintiff wants to snoop on open WiFi access points to see if Defendant hotels and coffee shops are violating Plaintiff's patents. Is it a violation of the Wiretap Act to snoop on an open WiFi access point? Is it a violation of the Wiretap Act to overhear someone else's conversation on a walkie talkie? Isnt WiFi spectrum the equivolent of a wireless commons, a public park - where there is no expectation of privacy to conversations? See ECPA Exceptions WiFi
Burns Prohibition: Olmstead Do you have an expectation of
privacy in electronic communications? Olmstead
1928: No. Katz 1967: Yes. ECPA 1986: Yes. Facebook
a Time When Email Costs 26c and Takes Two Days
to Deliver The USPS is rumored to be running
ads attacking email, attempting to install fear in
the public that email is "insecure." This is not
the first time the USPS felt threatened by email.
In the late 1970s the USPS attempted to solved the
email problem by suggestion that there ought to be
a law against it.
"A people who mean to
be their own governors must arm
themselves with the power that knowledge
gives. A popular government without
popular knowledge or the means of
acquiring it is but a prelude to a farce
or a tragedy or perhaps both." -James
The hope of a secure
and livable world lies with disciplined
nonconformists who are dedicated to
justice, peace and brotherhood. --
Luther King, Jr.
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