[POSTED TO alt.internet.wireless - REPLY ON USENET PLEASE]
In <(E-Mail Removed)> on Sat, 13 May 2006 17:37:34
GMT, Reynolds531 <(E-Mail Removed)> wrote:
>On Sat, 13 May 2006 12:24:59 +0000, David Taylor wrote:
>
>>> But, if the connection has not been secured in anyway, then (in the UK at
>>> any rate) it can be interpreted as an invitation to use the service - I am
>>> aware of one case whereby the miscreant got away with it because he got a
>>> DHCP address from the wireless setup and was allowed to access the
>>> internet - his argument was that there were no controls on access so how was
>>
>> That's not the case at all, there have already been legal cases in the
>> UK to state otherwise.
>>
>> For example:-
>>
>> http://news.zdnet.co.uk/communicatio...,39210473,00.h
>> tm
>>
>> Please provide a link to support your claim. There is no such
>> interpretation that if it's not secured, you're welcome.
>There's a law review article on the situation in the U.S.:
>
>http://papers.ssrn.com/sol3/papers.c...ract_id=399740
>
>I haven't read it closely and it seems to deal more with severe crimes
>rather than leeching of a neighbors connection, but the author does
>mention that some courts have refused to apply traditional criminal
>sanctions against trespass and theft. In the case of theft, for instance,
>it is sometimes said that no theft has been committed so long as one
>leaves behind the original document one has copied without authorization.
Other opinions, including those of lawyers and law enforcement officials I've
consulted, differ; e.g.,
<http://money.cnn.com/2005/08/08/technology/personaltech/internet_piracy/>:
On the state level it could be more clear. "It's unlawful access", said
John Geraty, an officer with the Internet crimes against children unit of
the San Francisco Police Department.
According to Geraty, using your neighbor's wireless is specifically
prohibited in the California penal code. "It's not yours and you're taking
it," he says.
He's apparently referring to California Penal Code section 502.
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