Legal aspects of running an open wireless network

Earlier this week, I read an interesting blog post discussing the legal aspects of whether you should secure your home wireless network or leave it unencrypted. The level of intensity between those on opposites sides of this issue rival the passion of most religious debates.

Personally, this is one issue where I think both sides have valid points:

• Those advocating wireless security warn about the potential danger of being inappropriately prosecuted if someone else used your wireless network for illegal file sharing, child pornography or other criminal activities. Even if you are not prosecuted, the authorities may seize your equipment as evidence, etc. Proponents also talk about the risk of data leakage.

• From a legal standpoint, opponents say that you are actually LESS liable if you DON'T secure your wireless network. The thought is that you can use your wireless router right out of the box, which is also called using the "default manufacturer's recommended settings". Therefore, if your wireless network is compromised, it's not your fault, but rather the manufacturer's. There are many other reasons why some oppose securing their home Wi-Fi. A well known post opposing encryption of at-home Wi-Fi was written in January of 2008 by Bruce Schneier, entitled "My Open Wireless Network".

Like I said, I actually see both sides of the argument here. However, one thing I want to discuss further is data leakage. Personally, I think that society is becoming more and more accustomed to giving away personal and professional data and not worrying about the consequences.

One good example of this is social media. People often blog, Tweet, and post Facebook updates with little to no concern about the consequences of publishing such personal information.

Another area where a lack of concern for data leakage is emerging is in cloud computing. Many people look at the operational and cost benefits of cloud computing, but ask few questions about the security of the data. Making the matter worse is the utter lack of transparency about exactly where data goes. I guess its security by obscurity...

Douglas J. Haider is a Principal Technologist with Xirrus. He hosts a personal blog at WiFiJedi.com, and micro-blogs on Twitter @wifijedi