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russotto

join:2000-10-05
West Orange, NJ

reply to froggy58

Re: theft!

Speakeasy, the company you're probably thinking of, does not restrict sharing with neighbors for free. The netshare policy only comes into play if you charge them.

froggy58

join:2002-05-07
Cape Canaveral, FL

Actually found out just now (chatted with one rep)if I felt like paying for the whole thing(NetShare Acct). I can do as I please, sell it to the neighbors or give connectivity for free. As the administrator, you'd have to know who was trying to log in to allow them.

K


justice1776

join:2001-06-24
U-Verse CT

reply to CadesDaddy
Whomever I'm replying to. ...

It is not theft to share a connection via wireless. You can even share the bill with your neighbor, but can't profit. If I get a cordless phone set up with 2 handsets and let my neighbor keep one in her house..... Is she breaking the law? No she is not. My RF connection and I do what I wish with it.


froggy58

join:2002-05-07
Cape Canaveral, FL

I've shown 2 ISP's that specifically rule against sharing via wireless and one that doesn't really care if you share or not, just depends on what/how you do with it(Speakeasy).

Which ISP do you have & I'll dig the TOS up and see if "Yours" rules for or against it.

Not everyone has the same guidelines, and even more so, state rules/regulations/laws may trump all of them.

K


TheWiseGuy
Dog And Butterfly
Premium,MVM
join:2002-07-04
Yonkers, NY
kudos:1
Reviews:
·Optimum Online

reply to justice1776

said by justice1776:

No she is not. My RF connection and I do what I wish with it.
Good for you. Of course assuming you live in Connecticut as your profile indicates, the law doesn't agree that you can, you might want to read

»nsi.org/Library/Compsec/computer···ecti.txt

(I've bolded the main parts)

said by Sec. 53a-250. Definitions.:

(7) "Computer system" means a computer, its software, related equipment, communications facilities, if any, and includes computer networks.
GENERAL STATUTES OF CONNECTICUT
TITLE 53A. PENAL CODE

CHAPTER 952. PENAL CODE: OFFENSES

PART XXII. COMPUTER-RELATED OFFENSES

Conn. Gen. Stat. @ 53a-251 (1989)

Sec. 53a-251. Computer crime.

(a) Defined. A person commits computer crime when he violates
any of the provisions of this section.

(b) Unauthorized access to a computer system. (1) A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that he is not authorized to do so, he accesses or causes to be accessed any computer system without authorization.

(2) It shall be an affirmative defense to a prosecution for unauthorized access to a computer system that: (A) The person reasonably believed that the owner of the computer system, or a person empowered to license access thereto, had authorized him to access; (B) the person reasonably believed that the owner of the computer system, or a person empowered to license access thereto, would have authorized him to access without payment of any consideration; or (C) the person reasonably could not have known that his access was unauthorized.

(c) Theft of computer services. A person is guilty of the
computer crime of theft of computer services when he accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services.

So if your ISP says you can not share, by allowing your neighbor to use your connection from their home you are causing that neighbor to access your providers network and are in violation of the law. Don't worry it will probably only be a misdemeanor.

Sec. 53a-256. Computer crime in the fifth degree: Class B
misdemeanor.
(a) A person is guilty of computer crime in the fifth degree when he commits computer crime as defined in section 53a-251 and the damage to or the value of the property or computer services, if any, is five hundred dollars or less.
(b) Computer crime in the fifth degree is a class B misdemeanor.

--
Dog and Butterfly


nwrickert
sand groper
Premium,MVM
join:2004-09-04
Geneva, IL
kudos:7
Reviews:
·AT&T U-Verse

I'm not a lawyer. But it seems quite a stretch to suggest that the law cited would be violated violated in this case. It would require a gross misconstrual of the wording.

I'll grant that courts can come up with strange construals. Still, its a stretch.

It can be a violation of Terms of Service without being a computer crime.


TheWiseGuy
Dog And Butterfly
Premium,MVM
join:2002-07-04
Yonkers, NY
kudos:1
Reviews:
·Optimum Online

How is it a stretch? The ISP sells you access for you to use within your premises. You allow others to use the ISPs network from their premises. The ISP has not authorized the others to use the Network. Therefore you have caused another to have unauthorized access. Please explain how this is a stretch? I really don't see any stretch at all, I am not a lawyer either but how can I or anyone allow access to my ISPs network, which I am not authorized to do without violating this law. Please explain?
--
Dog and Butterfly



nwrickert
sand groper
Premium,MVM
join:2004-09-04
Geneva, IL
kudos:7
Reviews:
·AT&T U-Verse

If I drive down a private highway to visit a friend, I am not breaking and entering my friend's house. I am trespassing on the highway.

In the instance you cite, the person might well be authorized to enter all of the computers. The question is about the network access used to enter them.


TheWiseGuy
Dog And Butterfly
Premium,MVM
join:2002-07-04
Yonkers, NY
kudos:1
Reviews:
·Optimum Online

said by nwrickert:

In the instance you cite, the person might well be authorized to enter all of the computers. The question is about the network access used to enter them.
How is the person who the ISP did not sell access to, Authorized to use the ISPs Network. See Definition of Computer System which "includes computer networks"?
--
Dog and Butterfly


nwrickert
sand groper
Premium,MVM
join:2004-09-04
Geneva, IL
kudos:7
Reviews:
·AT&T U-Verse

The ISP's network is part of the public internet. Anybody is authorized to use it.

If you connect to my web server from your ISP network, then all of the packets my webserver sends back are traversing the ISP network.

Unauthorized use of a network would apply to penetrating a private network, but not to a public network.

The problem here was impermissible use of services. It was not unauthorized use of network or computer system.

To repeat, I am agreeing that it violates the ToS. But it is a stretch to say that the law you cite would apply.

As indicated previously, I am not a lawyer. I can't really guess how courts would rule on this. However, on an ordinary common sense reading of the law, I doubt that it is applicable.


TheWiseGuy
Dog And Butterfly
Premium,MVM
join:2002-07-04
Yonkers, NY
kudos:1
Reviews:
·Optimum Online

In retrospect I think the confusion is due to the fact that I didn't include the definition of computer and you are using a narrow definition. My mistake. The definition of computer allows many things to be classified as a computer and the CMTS which on a cable network is the device through which all traffic flows would be a computer.

(2) "Computer" means a programmable, electronic device capable of accepting and processing data.
Trying to claim that an ISPs network is a public Network and any one can access it in my opinion is the real stretch. They sell access!!
--
Dog and Butterfly

russotto

join:2000-10-05
West Orange, NJ

reply to CadesDaddy
Anyone on the internet can access your ISPs network by sending an IP packet to a machine on it. That's what "on the Internet" means.

Trying to apply the Connecticut law to indirect access like that is enough of a stretch that it could be used to ban internet connections altogether. It's an absurd reading.


TheWiseGuy
Dog And Butterfly
Premium,MVM
join:2002-07-04
Yonkers, NY
kudos:1
Reviews:
·Optimum Online

ROTFLMAO if you believe that you will believe anything. You want to encourage users to allow unauthorized access to an ISPs network in face of the law go ahead. It amazes me how uses can say that if an ISP has said you can not allow the access and the law say if you access it without authorization someone will spout nonsense it is a public network. Go ahead encourage users to break the law.
--
Dog and Butterfly


justice1776

join:2001-06-24
U-Verse CT

reply to TheWiseGuy
I'm well aware of the law in CT. What in the hell does that statute have to do with Authorized access?? I know how to read law......trust me. Sharing means AUTHORIZED!


cperrywebrat

join:2005-04-23
Beaver Dam, WI

reply to CadesDaddy
I'm sorry, but I feel THE MORE POWER TO YA


gtdriver94

join:2004-07-19
Westerly, RI

reply to CadesDaddy
nothin' like beatin' a dead horse! lets sum up this topic. i suppose we all have our own opinions, but use of services like internet means you've read the agreement (of course you have) and are willing to pay the price for any chances taken. thats all i've seen in this thread. i understand the OP's opinion. perhaps that's all he wanted? whether or not i agree doesn't really matter here - we all could post for days....


gtdriver94

join:2004-07-19
Westerly, RI

forgot the pic!:D


mjf
wish I was blue
Premium,Mod
join:2000-08-05
New Orleans, LA
kudos:1

reply to CadesDaddy
The thread has gone round in circles and opinions have been expressed. Good discussion.

Time to say goodnight.
--
Smile!
Team Discovery

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