I think it matters not what is legal or practical or worded or what they 
think they've discovered by sniffing their LAN, except as a matter of 
principal and academics, unles or until you are willing and able to make a 
plausible legal case.

If a huge ISP wants to cut your service they can and will. How or if you 
get it back is another matter.

Whether they should or not, whether you'll find the right lawyer and be 
part of a precedent setting case = the depth of your pocketbook to try and 
find out against the depth of their pockets and the mood of the judge at 
the time.

--------

As for sniffing a network connection, via NetBrute or other NetBIOS or 
other means (Telnet, FTP...) to poke around - whether you are the service 
provider or the general public is NOT 'illegal', at least according to a 
Bay Area FBI rep and no law exists on the books out here in that regard 
either - UNLESS there is damage - not annoyance but damage.

---------

Ask a competent lawyer or judge or read most laws - 'illegal' is typically 
defined by tangible damage.

If I sit here and use NetBrute or similar to 'browse' your hard drive and 
find out what's in your browser cache through a public network connection I 
have not damaged you until I use it against you and cause 'harm'.  If I am 
the ISP I usually have the right and means to do Quality of Service or 
other meaasurements...which could well extend to following a packet through 
their service and out your 802.11 access point.

In their case then, re-distribution (remember, RF is difficult if not 
impossible to contain) may be proven. Damages have yet to be proven but you 
have breached their contract.

-----------

I for one am not that much of a risk taker to piss off my service provider 
without a backup plan!!

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