Originally posted by: dmcowen674
Originally posted by: Agentbolt
If you've kept up with what I'm saying, I've dropped the legal argument because I am in no way a legal expert. I know more than some, but hardly enough to justify going off on one of my all-caps rants. Unlike our friend SVT Cobra up there, when I'm completely wrong and I've been called on it, I'm willing to concede.
Until there's a precedent for someone getting arrested for using an unencrypted wireless signal
(I'm not sure I count the Florida case, as there's a huge difference between utilizing a signal from in your own house and driving to someone else's place and parking outside of it to use their network) I'm still not going to worry about it, however. When push comes to shove there simply is no black and white law specifically regarding this issue.
Legal precedent has been set:
5-24-2007
Wi-Fi thief avoids jail
A Michigan man avoided a five year jail term after
he was found guilty of checking his e-mails using the Wi-Fi connection of a coffee shop.
The bizarre story took place when Sam Paterson stopped near a coffee shop, that offers its clients unsecured internet access, to check his e-mails.
He quickly checked his e-mails when Police Chief Andrew Milanowski came over and asked Paterson what he was doing.
Paterson, beleiving he was doing nothing wrong, told him he was checking his e-mails.
At that point, the police officer informed Paterson he was going to be charged with stealing internet access.
The man was very surprised at the accusation however following some research the Police chief found out that Paterson was breaking a 1979 hacking laws, even though Wi-Fi internet has been around just a few years.
Coffee shop owner Donna May was also perplexed at the odd charges against Paterson.
The court found Paterson guilty and fined him $400 together with 40 hours of community service.
The law, introduced in 1979 to protect Internet and private-network users from hackers, and amended in 2000 to include wireless systems, makes piggybacking off of Wi-Fi networks, even those without a password, illegal.
For Peterson, who's never had a criminal record, the experience has been an eye-opening one.
"All over the TV, all the commercials and whatnot you see, they're all trying to get you to buy all these laptops and things that are wireless," he said. "They're trying to get you to buy this wireless stuff because you can go anywhere and still be connected.
"Well, they don't happen to tell you that it's illegal," he continued. "And I guess obviously you're just supposed to know that."
It's up to the consumer to figure that out, said Hopkins, the prosecuting attorney.
"When you buy a Wi-Fi equipped device, it's your responsibility to find out what you can and can't legally do with that device, just as it would be if you were buying a radar detector or any other piece of electronics," she said.
"People should be aware that if we come across them, and it is a violation of the statute, then we will enforce the statute."
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This needs to go to the Supreme Court or change the name of the U.S.