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Posted by:wkearney99
Subject:set and forget config for a boat?
Date:23:14:55 03/03/2006

This links you've cited surround use of the link to engage in other illegitimate purposes. They'd most certainly be considered criminal, regardless of their being wireless or not. As for the poor sod in the UK, well, I'm not in the UK or the EU. Loitering while surfing with a laptop might not be the best way to engender support from the local authorities.

> So the general consensus, both among the lawmakers, lawinterpreters
> and among the wardriving community is

Consensus don't mean squat without legal precedent. While I certainly respect the notion that avoiding use of an access point as prudent, I've yet to see US cases cited where use for non-criminal activities has been successfully prosecuted. Not just an arrest (ie the Dinion case), but an actual prosecution that has withstood an appeal.

Throwing out the label 'federal offense' has no standing without their being specific laws against it. It may perhaps qualify as a bad idea, but the letter of the law is specific. Cite the cases where it hasn't involved otherwise criminal behavior. Where someone not engaging in otherwise criminal behavior has been prosecuted for a) detecting and b) actually using an open access point for the sole purpose of transiting throught the link.

> As for theft of service charges, they would apply in the same manner
> as if you hooked up a cable to your next door neighbours satelitte
> dish/cable-tv box, without his and his cabletv suppliers explicit
> permission.

Which would require trespassing or otherwise physical contact with premises equipment without permission. Watching your neighbor's big screen TV through an open window is certainly no theft, nor would even pointing an IR remote at the box and changing the channels. Granted, I'd imagine the neighbor wouldn't take well to the idea and his recourse would be a simple matter of drawing the curtains. Likewise with an access point. But I'm certainly he'd be able to whip the local authorities into a frenzy about it, which is all that seems to be happening with open wifi. Lots of smoke, no fire.

Hacking their AP and cracking their WEP/WPA/whatever codes, yeah, that'd certainly be quite problematic and would certainly be something to avoid entirely.

Don't get me wrong, it's certainly reasonable to give consideration to avoiding use of services without understanding the intent of their operators. It's a worthwhile factor to keep in mind. But please, let's cut out the hype and get some facts presented.

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