Gooberlx2
Lifer
- May 4, 2001
- 15,381
- 6
- 91
Originally posted by: senseamp
Originally posted by: Gooberlx2
Originally posted by: senseamp
Originally posted by: Gooberlx2
Originally posted by: senseamp
A person who configures his router to give access to anyone and then calls the police when they do connect to it, is like a woman who lets everyone have sex with her then calls the police and cries rape.
Intent is a large part of the law in these cases. And, actually your analogy is a bad one because there's no active trickery involved here.
If you want to make a trap analogy then this case is much more like a sting where the undercover cops act as drug dealers or prostitutes. You're the one willingly taking advantage of a service in a method known to be illegal.
It's not active trickery when a woman has sex with someone and then changes her mind to cry rape later. It's not a trap. It's called making a mistake. She made mistake of having sex with someone, then she decides she wants to prosecute them for rape. Same way someone makes a mistake of configuring their router to allow everyone to connect, then deciding to prosecute them for "stealing" internet access.
The difference being that there's an actual exchange of words and invitations between two people in your example when, in reality, you're the only one inviting yourself in when you hop on someone's network. If you had gone and asked the guy if it was okay to be on his network, he says yes and then he decides later that it was a mistake and calls the cops, then it would parallel your example.
Of course that all ignores the whole fact that you're both in violation of the ISP's terms when he agrees to let you on.
There is actual exchange of words and invitations by devices acting on behalf of those people. The owner configures his router to accept outside connections. I configure my adapter to connect to networks that grant access. Everything is done in the way that the network owner and the the person connecting have configured their devices to do. Actions speak louder than words, and the owner of the router configured it to grant access to outsiders. There is no way of getting around it.
Your same argument could be made of accessing personal shares on the network, which clearly isn't ethical or legal. I didn't know that electronic devices were allowed to make agreements on behalf of humans. Like I said before, if you haven't configured your wireless card because you're technologically ignorant ("ignorance is not a defense" blah blah blah) then it falls into a grey area for me.
However if you're trying to justify the legality and ethics of sitting on other peoples' networks with the intent of taking advantage of free internet then, frankly, your moral compass is off.