Andrew Lentvorski wrote:
Tracy R Reed wrote:
Robert Donovan wrote:
Up to the moment you ar aware that your laptop has connected you are
not in a bad situation. The point you become aware of the connection
and choose to exploit the situation by remaining connected, it is on
you. I don't know how your laptop is set up, but I have to choose to
conect to any wireless network I detect. It doesn't happen
automatically. Being aware of an open signal is not the same as
choosing to make use of that signal.
But I'm just an ignorant user who doesn't know anything about wireless
technology. I open my laptop, and it works. But I am violating your
wishes. One of us has to get educated. As you are the operator of the
hypothetical access point and making demands that I not use it I
suggest it be you.
Again, the law is clear about this.
Really? Well, at least you claim it is. Which law? State law? Which
state? Federal law? Which code? Case law? Citations. Maybe you intended
a IANAL?
Making use of a resource places the
burden of proof and permission on the *user*, not the provider.
It is *not* up to the provider to secure the resource, this normally all
falls under the overarching rubric of trespass.
So this is paraphrasing case law I presume.
My impression is the law is far from clear with regards to Wifi, as it
is in most of the computer networking area. In any case it is not
reflected in manufacturing practices or in any constraints on Wifi
networks in the same way as for telephone or broadcast networks. What
exactly does the FCC have to say?
Now, WiFi has lots of weird issues because it is radiative.
You can argue all around this about whether it is ethical, right, fair,
etc. In addition, you are going to be protected to a certain extent by
the fact that they could have secured their WiFi very easily, and it is
easy to connect to a wrong network. This, however, will be mitigated
somewhat if you were, for example, sitting in a car outside their house.
The law on this is pretty clear, and there have been people prosecuted
for exactly this. It's pretty rare, though.
However, you don't want the burden of law reversed. Really. In areas
where it is (enforcement of trademarks and copyrights, for example), you
have a lot more screwball lawsuits simply because "The court demands
that I defend my position."
-a
I still have to wonder if all those who've argued here for the
Never-use-a-hotspot-without-permission policy have, without exception,
themselves always done so. If so, I expect that few of them get much use
of Wifi outside their own homes or workplaces. And if each and every one
of them has not done their own door-knocking, well...
--
Best Regards,
~DJA.
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