On Nov 1, 2005, at 11:57 AM, [EMAIL PROTECTED] wrote:
At 12:39 PM -0500 11/01/2005, Robert Gray wrote:
"If a wireless network signal is available, can I use it?"
http://reviews.cnet.com/5208-10149-0.html?
forumID=7&threadID=132911&messageID=1498741&tag=nl.e497
I don't like that reply. Specifically:
"We have no law against picking up any open airwave signal."
If you transmit, I can legally receive -- that is mostly correct,
worldwide. There are some limitations to this, in that in some
areas, it is illegal to listen in on police or military bands, even
if they're in the clear (unencoded).
In the US, if the signal is encoded in any way, it is a violation
of the DMCA for me to decode it without prior authorization or
warrent.
BUT we're not talking about one-way receiving here. We're talking
about an unauthorized two-way interaction *and* the use of the
upstream physical resources (neighbor's WAP/router, the ISP's
telecom lines & servers, etc). That makes it Criminal Trespass and
Theft Of Services.
Realistically, few neighbors or ISPs often press charges. Usually
the neighbor just grumbles and the ISP charges them whatever fees
their ToS/AUP permits (could be hundreds or thousands of dollars).
Yeah, you can bet that Cnet never ran that article past a lawyer;
using a computer network without permission is also a federal
offense, punishable by some rather draconian sentences, thanks to the
horribly mis-named "Patriot Act".
--
Bruce Johnson
This is the sig who says 'Ni!'
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