On Mon, Jul 05, 2010 at 10:51:02AM -0400, Jeremy wrote:
> On 07/05/2010 10:48 AM, Andre Courchesne wrote:
> > Yeah I'm curious about this. Any one with legal insights on this?
> >
> > I can picture someone calling the cops and saying "Hey someone is breaking 
> > into my router and stealing my internet" the first reaction would probably 
> > be that no one san steal the internet since it belongs to anyone and it is 
> > not a tangible item...
> >
> >    
> http://en.wikipedia.org/wiki/Legality_of_piggybacking#Canada

In the 70's, at the University of Alberta in Edmonton, I noticed a 
high-school student was working diligently at a paper route and using 
the profits to buy computer time at the University computer centre.  
Prices were high, and he could afford very little time.

I encouraged him by giving him a bunch of tickets to use the student 
batch service (I hav more than my students could use), which he was 
quite happy with.

A few years later, when I had long left the university and was working 
in Amsterdam, I learned he was the first person in Canada to be 
convicted for a computer break-in.  It turns out in the meantime he got 
greedy, and figured out how to get access to the main system for free by 
exploiting some security weaknesses in the MTS system.  He was put on 
probation, and banned from accessing computers for serious time (at 
least a year, perhaps several; I forget).

The actual charge was covered by the criminal code: theft of a 
telecommunications service.  Even though he hadn't used 
telecommunications to access the computer, the computer was accessible 
over modem and phone lines, so the court managed to consider the 
computer to be a telecommunications service.

The laws have been changed since to address computers more directly, but 
yes, I think what your attacker is doing is likely still a crime.  You 
might want to force a prosecution.  But then, you might also find that 
the culprit is your next-door neighbour who sometimes lends you his 
lawnmower, and he might not be doing anything harmful beyond causing you 
worry.  But he might also be framing you for something illegal.  Right 
now, though, you just don't know.

-- hendrik
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