| reply to DaDogs
Re: Are you sure? said by "DaDogs":
But this argument is a red herring. The correct assumption *REQUIRED* by a civilized legal system is to err on the side of the privacy and property of the individual who owns the service or device.
Except that in this case, the homeowner does not own either the: 1) ISP service, nor 2) the "public airwaves", meaning the frequency spectrum that these devices operate on. If some other device transmits or recieves on the same frequencies, then too bad, that's not illegal. If the owner of the AP in question didn't configure it properly to prevent "outside interference", then that is his own fault / problem.
said by "DaDogs":
It is correct to assume that a service is not open for sharing unless there is some compelling reason to believe otherwise.
It may be "rude" to use someone's AP to access the "public" internet without asking first, but is it directly illegal? I think that's the question. The other question is if someone accessed the homeowner's private PC, via a connected wireless AP, and the intent of the access. If there was a clear intent to "trespass" into a private PC's files, then that would seem likely to be prosecutable.
It really does seem to be primarily about intent, here, not technology. |
