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Use an open wireless port; go to jail?

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At least one FBI agent thinks people who go around looking for - and using - open wireless access pointsare breaking the law, according to a copy of his memo now being circulated around the 'Net:
Identifying the presence of a wireless network may not be a criminal violation, however, there may be criminal violations if the network is actually accessed including theft of services, interception of communications, misuse of computing resources, up to and including violations of the Federal Computer Fraud and Abuse Statute, Theft of Trade Secrets, and other federal violations. At this point, I am not aware of any malicious activity that has been reported to the FBI here in Pittsburgh, however, you are cautioned regarding this activity if you have implemented a wireless network in your business. You are also highly encouraged to implement appropriate wireless security practices to protect your information assets.
So knock off that warchalking right now.

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