Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on February 11, 2010 3:37 PM. The previous post in this blog was Though your nose gets a chilling. The next post in this blog is Both sides of their mouths. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Thursday, February 11, 2010

Don't encrypt your home wireless network?

Be sure to send a shout out every once in a while to the police.

Comments (18)

Does that give the police the right to walk into anyone's home if they leave the door unlocked?


Point taken, but I don't broadcast the fact my front door is unlocked.

I think most of you are unaware of Tricky Dick Nixon's omnibus crime control and safe streets act of 1968. It was the first major attack on constitutional rights by a repugnicant president. One of the more odious features allowed federal law enforcement to enter without knocking or identification. My take on that was if you live in a state that allows you to shoot intruders who break into your house, then the agents who break in and don't ID were fair game so to speak. And there were some pretty bad outcomes. Feds breaking into the wrong house and holding homeowners more or less hostage while trying to coerce confessions.

But back to the topic, security is just common sense.

Front door locked, can I enter?

Probably not, but does that prohibit a cop from using binoculars from across the street to observe the kidnapped victim you have in your back bedroom? I'd say no.

Reminds me of the full body scans in use in the UK airports (where they can 'see' through your clothes to the point of embarrassing you if you are not well endowed).

Basically, technology is a great thing. But each new use of technology has to be determined how it impacts our rights.

I don't pretend to understand these issues, but it appears to me that the shared Limewire folder is more significant than the lack of Wi-Fi encryption. An unprotected wireless network may allow others to use your internet connection, but it doesn't really give access to the contents of your computer, any more than using a cordless phone constitutes a publication of your conversations.

Speaking as a network technician and not a lawyer, that seems about right. The only quibble with the court's analogy in my mind is that it's not just any busy street you've left the free stuff at, but the one right in front of your own house. Another good analogy would be leaving the curtains open on a street-facing window; if you do, you can hardly be surprised if someone looks in to see whatever you might be up to.

Pretty much everything supports some security at this point, even if it's crappy trivially-broken security like WEP. Not making that effort at all on an active transceiver is the next best thing to setting out the free box.

(That said, any notion that gubmint agents might also feel free to break WEP or better should be resisted. WEP may be about as easy to break as a screen door, but it's still a door.)

JK:"Does that give the police the right to walk into anyone's home if they leave the door unlocked?"

ws:Does your door extend beyond your property line like wireless signal?

Open Wifi or not, dont they still have to possess a warrant to use anything they found against them?

Yes, the police still need a search warrant supported by probable cause to enter your residence to search for and seize whatever evidence of a criminal offense is articulated in the warrant.

This guy had an open wireless access point and had his itunes set up to share content on the internal wireless network.

Kind of like watching child porn on your plasma in your livingroom at night with the blinds open. A neighbor walking by sees the illegal content and calls police. The police on the sidewalk can look in, see the contraband and apply for a search warrant.

A well reasoned decision by Judge King.

Although, it really wouldn't have hurt the police officer to get a warrant just to be sure. That's a mighty big risk to take knowing evidence could be thrown out in the future for carelessness.

"I think most of you are unaware of Tricky Dick Nixon's omnibus crime control and safe streets act of 1968."

Nixon didn't take office until 1969. LBJ was president when that law was passed and he signed it into law.


The 1968 Omnibus Crime Control and Safe Streets Act was not a Nixon thing.

A guy from New York really pushed it. Manny Celler, a House Member from Brooklyn, and then chair of House Judiciary. He was a close friend of that nasty little neo Nazi, Robert Francis Kennedy, then Attorney General and soon to be junior senator from New York.

A bunch of Justice Department lawyers from the "Get Hoffa" squad, Bill Lynch; Bill Ryan; Henry Peterson; Bob Blakey, and one or two others who's names I can't now remember, were the conceptualizers and initial drafters. AS a long time committed civil libertarian, -- yeah, right -- Bobby loved it.

Whoops, brain fart on time ine. Bobby was already Junior Senator from mNew York. He beat Keating in '64. Same guys from Justice - who after the get Hoffa bit formed the nucleus for what became the Criminal Division's Organized Crime Section and OC Strike Forces, stayed at Justice under Nick Katzenbach and Ramsey Clark after Bobby left for the SEnate.

A neighbor walking by sees the illegal content and calls police. The police on the sidewalk can look in, see the contraband and apply for a search warrant.

Now, imagine applying that same logic, but changing the word "sees" to "hears".

Then, imagine applying that same logic to you having a cell phone conversation in your house.

And, imagine it being applied because a neighbor sees you walking by your front window naked early one morning, calls the police, and they come arrest you for indecent exposure.

And of course, this all works unless you turn it around on the police themselves. Google "police begin to arrest for cell phone recordings".

I'm having a hard time trying to figure out how accessing his network and / or systems without permission or a warrant doesn't constitute wire fraud and theft of service.


The guy's wireless signal expands beyond his private property and into the public realm for the taking.

If he has it encrypted, he could expect reasonable privacy. He did not.

If the police had "hacked" his wireless encryption signal, then I would agree that would be unreasonable. But that's not the case.

For those who are not aware, turn off "broadcast SSID" and your signal will not be broadcasted and it must be entered in manually. Put encryption on it too, and you'll be fine from unwanted people mooching off your connection for free internets.

Folks here (maybe the Judge as well) seem to want to conflate two things that, in my mind, are completely different. One is wireless encryption or password protection; the other is file sharing. I can see that opening your files for third party access through Limewire kills any expectation of privacy of the file's contents. After all when you do thgst you make the file available to others on the Internet whether your wireless network is encrypted or not. on the other hand an open wireless network may mean someone can use your Internet connection, which may be not a concern to you (or your ISP). But it doesn't necessarily give anyone access to the content of your computrler or of your communications.

Re: Allan L. | February 12, 2010 4:26 PM

Quite right. The two together are surely equivalent to a box labeled "FREE" filled with stuff and sitting within arm's reach of the sidewalk.

Re: MachineShedFred | February 12, 2010 9:38 AM

It's a little tricky to think about, because our customary analogies break down a bit with ephemeral invisible stuff like wireless signals.

But let's recall here that we're taking about radio, which is just another part of that EM spectrum which includes light. So let's say I stand in my yard and shine a flashlight out onto the street at night. I own the flashlight, but I do not own the light that makes a spot on the road bright. Conversely, let's say you're driving and your headlights shine into my yard from down the street. I am not stealing anything if I use that light to find something I dropped, though the light's emitter is surely not my own. Since radio and visible light are basically the same thing, I think this analogy is pretty close.

But it's not quite complete, because the other thing going on is that my wireless emitter can also see your signal, and potentially act upon it. It's an autonomous agent of sorts.

I think a dog in the yard is a pretty good analogy here. The dog may bark at you to tell you he's there, or it may sit quietly. If you're not the dog's master, most dogs will not follow your commands. But if the dog is unusually friendly, maybe it'll bring the paper out to you if you ask in the right way. An open access point is like a smart dog that obeys everyone and will fetch anything that's not nailed down.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
La Antigua Clásico, Rioja 2011
Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
Conn Creek, Cabernet, Napa 2012
Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
La Espera, Cabernet 2011
King Estate, Pinot Gris 2015
Adelsheim, Pinot Gris 2015
Trader Joe's, Pinot Gris, Willamette Valley 2015
La Vite Lucente, Toscana Red 2013
St. Francis, Cabernet, Sonoma 2013
Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012

The Occasional Book

Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
Ryan Holiday - The Obstacle is the Way
Ruth Sepetys - Between Shades of Gray
Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 113
At this date last year: 155
Total run in 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics