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Computer Forensics World :: View topic - WEP - WPA Cracking illegal?
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WEP - WPA Cracking illegal?

 
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ilikemycomputer
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PostPosted: Mon Oct 22, 2007 11:06 pm    Post subject: WEP - WPA Cracking illegal? Reply with quote

Is WEP - WPA Cracking Illegal? Is it legal with a warrent?
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RobertR
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PostPosted: Tue Oct 23, 2007 2:58 am    Post subject: Reply with quote

It depends on where you are and what you are talking about doing...... It is illegal to crack networks that are not yours...... You can setup your own networks and crack, and monitor them all day long if you want... to crack a private network, if you are law-enforcement, you would need more than a regular warrant you would need a title 3 warrant for a wire tap, as you are intercepting communications.
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infosecwriter
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PostPosted: Tue Oct 23, 2007 3:48 am    Post subject: Reply with quote

RobertR wrote:
you would need a title 3 warrant for a wire tap, as you are intercepting communications.


Thank you for the detail. This is a tricky one since the ECPA could be pushed either way. 1st circuit vs. 5th have different interpretations of what "stored communications" means.
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wizodd
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PostPosted: Wed Oct 24, 2007 6:14 am    Post subject: Re: WEP - WPA Cracking illegal? Reply with quote

ilikemycomputer wrote:
Is WEP - WPA Cracking Illegal? Is it legal with a warrent?


Like most such questions post War On Terror, the answer is highly dependent upon a lot of variables.

It is perfectly legal under all circumstances to 'crack' wireless security codes--so long as you do not access the network.

It may be perfectly legal for the US Government to crack and explore a network, with or without a warrant depending upon which agency is doing the work. Even if there is a warrant, the agency may not have to notify the network owner of it's existence or their actions for up to 30 days, and under some circumstances, never.

If the military or anti-terror agency decides to declare you a terrorist, it appears that you are without rights for practical purposes.

Under normal circumstances the answers given regarding legality and warrants is correct.

When in doubt, if it's locked or secured, and you aren't authorized, it's not legal to break or open the lock without judicial permission.

But don't count on WEP or WPA to secure a network--either one can be cracked easily, and it is difficult to identify the perpetrator "beyond a reasonable doubt."
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This planet is but an insignificant bit of dust in the Solar system, and even less in the Galaxy--so why are we fighting over it instead of cooperating to expand outward?

Bush & Chaney are war criminals. Charge them and try them NOW.
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K-19
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PostPosted: Wed Oct 24, 2007 10:49 pm    Post subject: Re: WEP - WPA Cracking illegal? Reply with quote

Quote:

It may be perfectly legal for the US Government to crack and explore a network, with or without a warrant depending upon which agency is doing the work...."


Yes, but without them telling you, isnt that a violation of the 4th amendment?

Quote:
Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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ilikemycomputer
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PostPosted: Wed Oct 24, 2007 10:58 pm    Post subject: Reply with quote

Quote:
Quote:
and no warrants shall issue, but upon probable cause



They wouldnt do it without probable cause!
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srobtjones
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PostPosted: Sun Oct 28, 2007 2:34 am    Post subject: unreasonable search and seizure Reply with quote

the key phrase is "unreasonable search or seizure". The govt. has one definition, while each of us has our own definition. Each jurisdiction can have its own definition based upon case law or statute.

I doubt the NSA would consider any search unreasonable. They live in a dog-eat-dog world, and we're all wearing milkbone underwear.
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ilikemycomputer
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PostPosted: Sun Oct 28, 2007 11:56 am    Post subject: Reply with quote

Thats true, I wouldn't have thought of it like that... Laughing

Very Happy

Quote:
They live in a dog-eat-dog world, and we're all wearing milkbone underwear.
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wrobin
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PostPosted: Fri Dec 28, 2007 6:28 am    Post subject: Reply with quote

There is so much case law on this subject that dates back to the turn of the century and various Supreme court justice opinions and that does not even include the Patriot Act!

It depends on what theory of case law or Supreme court Justice you want to refer to..it is likely to make u dizzy.
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ilikemycomputer
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PostPosted: Wed Jan 30, 2008 2:08 am    Post subject: Reply with quote

Thanks for all of the replies, this was very interesting!
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geobsiemaj
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PostPosted: Wed Sep 09, 2009 8:28 pm    Post subject: This may be a case of interest to you. Reply with quote

http :// www . law.com/jsp/article.jsp?id=1103138408230
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