Matthias99
Diamond Member
- Oct 7, 2003
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Originally posted by: senseamp
Originally posted by: Matthias99
If the owner of the network doesn't want you to use it, you are not allowed to use it, regardless of whether it is encrypted or not. The router and network are their private property, and they have a right to control how that property is accessed and used. This is 'unauthorized use of a computer system', and is a federal crime.
But he is not using anything. He is simply broadcasting information requests over public airwaves, and listening for information that is sent over the public airwaves. The owner is free not to send him any information. If he decides to configure the router to send this information, he has no right to say who can listen to what is broadcast over the public airwaves.
The responsibility is not on the owner of the router -- encrypting the network is like putting a lock on your front door, or building a fence around your property. Doing these things may prevent someone from willfully misusing your property, but you don't have to do these things in order to assert private property rights. Forcing them to use encryption to legally keep you out is not a fair solution, as it pushes the burden onto the owner and the people who have permission to use the network. It's like changing the law so that you're not considered to be trespassing unless the property has a 10-foot fence around it (except that it is more difficult and expensive than using wireless security, but it's the same idea.)
The fact that you're connecting to the router using 'public airwaves' instead of a physical wire is irrelevant.
