Fine for the use of an open WLAN and Stalking on studiVZ - VoIP General, VoIP News, VoIP Providers, VoIP hardware, VoIP software, VoIP Technology

Heise on-line one 29.01.2010 14:02 Quotation:

A 29-Jhrige is of the district court Zeven because of unauthorized hearing, Placing behind and because of wrong suspecting condemned by summons to a fine by 600 euro. The Tterin had its ex friend and its new friend in the Social network from jealousy studiVZ spied and troubled. In addition it had used among other things an open WLAN of a neighbour. The summons is in the meantime valid, said a law speaker opposite heise on-line.

Source and further here...

HP: The last two paragraphs are already remarkable…

Debt with an open WLAN.

Did you read times, what stands there?
The punishment is for the Stalking, not for that uses the WLAN and also not for that operates the WLAN.
In the article it is located still that over an argumentation fetched far the use of the WLAN is regarded as punishable, but that was not the main aspect.

@Ralf, indeed, exactly therefore (WLAN use) I was so surprised…

Quotation:

however an open WLAN operated. This was obviously used of the Tterin, which lived in the neighbourhood and put after its identification a confession down immediately.

The “identification procedure” would interest me… if one must be convincing there rather directly confesses. I htts denied.

One can change the MAC address nevertheless also on ner wind eye.

May the BNetzA carry legal assistance out there with test vans and focus thus the WLANs of the whole block because of a Strerin ausschnffeln and? Find I because of TK-secret legally (GG) strongly precarious.

Assume rather “classical” cross-examining procedure.

Can the lady announce itself here times because of the details? ^^

If the identification procedure runs off similarly as in the present warning illusion of some lawyers, then meal prost. That is often nothing as hot air.

Nevertheless one is responsible for its open WLAN.

P.S.: Who gave me on this contribution the sad Smilie and why???

Quotation:

Quotation of Elsi29

Nevertheless one is responsible for its open WLAN.

What is “open”?

Incoming inspection is starting from 10min. openly (Internetprovider supply rout still openly or with incoming inspection pre-setting out, give to ' s arrests there?)

and WPA even if the password in nem dictionary or on the dog mark stands.
With primitive cheap password entrance systems is safe nix:
http://www.heise.de/newsticker/meldu...hm-920664.html

Starting from EAP-TLS ists to some extent surely however that knows hardly Consumer equipment.

With open WLAN did not mean I if one any coding begins.

As per. Law one is to be secured for its I-Net connection and its LAN or WLAN responsible and its WLAN.

Some codings are easy safe to break through, but stop not for everyone within 10 min contrary to an open net without coding. Particularly since for it technical knowledge criminal potential to be present must.

It is stop the question, as easily one makes it for such people. It is at least a hurdle to be taken must. A coded WLAN to crack is neither legal nor moral.

Quotation:

Quotation of Elsi29

With open WLAN did not mean I if one any coding begins.

Like each professional UNIVERSITY, hotel or other public Hotspot WLAN with other entrance procedures.
Arrest all students and Hotelgste and the administrators immediately!

Quotation:

Quotation of Elsi29

Particularly since for it technical knowledge criminal potential to be present must.

For coding also, and those have most user not and safe Authentifizierung are still more difficult.

Quotation:

Quotation of Elsi29

A coded WLAN to crack is neither legal nor moral.

[/quote]
And if it wants to have it in such a way however for special reasons that other mitsurfen? I would know there at least one ^^

In the open WLANs (University of, Hot Spots, hotel) one must identify oneself in any way, to z. B. MAC address, T-Online No., coupon code of the hotel, etc. These are personal and can be reconstructed. Whether it becomes safer the connection ansich thereby, is another question. I personally would develop no connection there, since I do not know which or who like which along.

For a coding in rout must no technical Kentnisse be present, many rout or to their manuals point to it the WLAN connection to code very clearly.

The discussion went around the fact that a private person a completely open WLAN operated and that thereby someone suffered damage.

A private open WLAN third to use is to be driven for some persons stop now times an invitation mischief.

Quotation:

Quotation of Elsi29

The discussion went around the fact that a private person a completely open WLAN operated and that thereby someone suffered damage.

Thus of one to which I do not have to explain only the difference between coding and Authentifizierung leave I to say itself about what I here to discuss have, gell?

And, I know, all criminal, all hacker around me rum

And whom according to your opinion now the damage is developed?

The problem is only the so-called Mitstrerhaftung in Germany. Abroad open nets are rather the rule. Nchstens must I on ner Terasse the Blumentppe and evils, so that no third thereby someone kill can - or becomes I so the Mitmrder? If criminal offences on the road are committed, then is the roadbuilding company or the road owner responsible, because it did not take up particulars of all users? Everyone can communicate (still) unsupervised, is it by persnl. Discussion, letter post - only in the Internet everything must be supervised.
This bekloppte disturber adhesion must ausm German juridical system raus!
Just my 2 cents
Michael

, Then one can let NO send Spammer any longer to warn third left to the client in Mails?
However a relevant removal of the local district court arrives arrived times with exactly your opinion here on the judge.
There thus with two different measure one measures:
Private user: In any case hacker and Gauner to the law-abiding citizen to be educated must.
Commerce user: Justified interest of advertising of the economy.

@superpapa: “Mitmrder” one thus cannot become, since murder is not Fahrlssigkeitsdelikt. That would be rather a contribution to the “negligent killing”, if the flower pots in 10. Stick of a building unsecured and itself with wind fast on level 0 gone know. This must thus to be nailed and/or. normally there are regulations, where at all the pots are permitted. It would be thus roughly negligent to leave the pots simply unsecured so.

The addressed “disturber adhesion” orients itself to an appropriate responsibility and a certain test and/or. Duty to exercise diligence of persons, who contribute with injury of these as “disturbers” to injuries of rights of others causally. This belongs into the civil law. Criminally there are no disturbers, but only authors and/or. Aid or negligence. “Negligent adjustment” is criminally not defined however.

The Spammer, which abuses third for actual dispatching of Spam, can be sued nevertheless, since it causes consciously and intentionally indirectly Spam. Senders would if necessary be. at least. the aid guiltily (paradoxically judicial procedures run against Spam blockers and ISPs, which use DNSBLs) also from notorious Spam senders.

The point at issue with this topic lies in the interpretation of the obligations to check which can be accepted during a disturber adhesion. Different courts have different opinions in this point. Must thus e.g. a forum operator editorialally examine each contribution? It is indisputable that an obligation exists for action if a right injury arrives to the potential disturber at the knowledge. We land thus again with the substantial legal maxim: it depends on it.

--gandalf.

I think, regarding rout should the manufacturers on it agree, only pre+coded rout without possibility of modification on “open net” to drive out.
That serves the security of all.

Otto-Normal-08/15-Nutzer must learn lives with an adjusted password, how he must it also with his bank card and the pin.

As long as a net codes actual all the same in which stage - and the key not the straight SSID is, also each German court might get a problem to make somebody liable as Mitstrer.

Just MY 2 cents

Quotation:

Quotation of DanMac

Otto-Normal-08/15-Nutzer must with one adjusted password Lives learn, how it must it also with its bank card and the pin.

Hmmja, which is cash-point dispensers and PIN/TAN systems also very surely like one last year in the press read more frequently could, and as was the straight with the Phishing with the Emmissionshandel?

Or is that the legal argument that the customers debt is wenns goes wrong weils nix is suited that bank lawyers pushed through, to represent?
Occupy please lecture on Customer Care and customer friendliness.

And such a key standing for a long time makes naturally each Kryptoverfahren ever safer over the time.
Quotation:

Quotation of DanMac

That serves the security of all.

And there the incoming inspections hackers are surely angeschmiert if the operator the key of its cracked Routers no longer to change can, from the product liability law catch I not even on.

[EDIT: Personal attacks removes. --gandalf.]

Quotation:

Quotation of woprr

Occupy please lecture on Customer Care and customer friendliness.

Please visit lecture on human with one another - and over “as read I a sentence completely”.

DanMac suggested not, routs without possibility of modification [the key] to drive out, routs without Possibility of modification on “open net” to drive out. This pre-setting makes the used keys just as static, as they at present also are with all other routing.

Ui - which have I here “fans” collected

In Puncto Customer Care I would wish myself that AVM integrates an appropriate dialogue into the 1&1-Start-Code-Einrichtung, which requests to the following:

1. Please you assign a new name for your WLAN
2. Please you give a new WLAN key (at least 16-stellig, no sequences of numbers or identical inputs).
3. Please you decide whether the name of your WLAN net is to be indicated.

The made inputs should be transferred then to the Provider and be transferred automatically during the next starting code mechanism (with option to make re-entries).

No private user must secure itself (and it can) against hackers and Cyberkriminelle ultimatively - however it may be expected that the usual state of the art is considered. My net has a key - to that extent it is enough as indication that I do not want to have anybody otherwise in this net.

The user switches naturally all safety precautions from comfort out because it and/or. it in a the position is not to keep the key accordingly relocatable is it/it just as little to be helped, as the Deppen, which write your pin on the bank card.

In the Middle Ages it needed a sword, in the wild west a gun and in 21. Century a little Hirnschmalz. We learned to let us inoculate and also there are it only some few, which place themselves on principle against it.

The AVM boxes already activated an individual WLAN key and the coding for years. To force exactly the same little security brings the individual name (SSID) of not letting indicate like the names. And “you decide please whether the name of your WLAN net is to be indicated”: Due to which the average user is to make a meaningful decision there?

Geb I you right - it concerned to me only, what one can obtain with the today possible attitudes on “security”.

If one is gezerrt before court, because someone cracked the WEP/WPA key, one could say at least: “I changed both the SSID, and the net up “hides” furnished. It became nevertheless gehacked. “

Thus each any adhesion should move faraway.

Consider a changed SSID I already therefore meaningful, so that there are not zig WLAN nets with standard names.

Why AVM offers still firmware-laterally the attitude “unencrypted”, is veilful me.

One can integrate the information for the announcement of the SSID into the mask.