[MLB-WIRELESS] Legal question

[Jason X]

I think the issue with the Television isn't really relevant to this case. If
you started downloading vast amounts of data from their network then it
would like be stealing someones television.

I think the question I posed is more along the lines of:

You are in the country walking on land that isn't fenced off but owned by
another person. This would surely come under tresspassing but I haven't
covered this yet. The same argument could be made with the situation and
connecting to the AP. But with telecommuncations there is surely a
Telecommunications Act.

I know you don't have a case under negligence or contract law.

I was just studying for my commercial law exam and the thought of this
popped up. It probally has nothing to do with the area I'm currently
studying.

Cheers
Jason

----- Original Message ----- 
From: "Ben Short" <bshort at shortboy.net>
To: "Jason X" <jxuereb at optushome.com.au>
Cc: <melbwireless at wireless.org.au>
Sent: Sunday, May 30, 2004 1:50 PM
Subject: Re: [MLB-WIRELESS] Legal question


> Yes, this is illegal, although a grey area
>
> I remember having this argument a while ago on whirlpool. Essentially if
> your computer connects to a machine without authorisation from the
> owner, then it is unlawful.
>
> the argument against me was "But if the connection is possible, surely
> the remote machine has authorised it". I can certainly see the point the
> person makes. By the same token though, do you go an steal someones TV
> because they left their back door open?
>
> Basically, if you dont think it is right, it probably isnt :)
>
>
> Jason X wrote:
>
> >Say you are on your laptop and suddenly your laptop connects to an AP
gets
> >an IP address and this AP is bridged to the Internet and you are able to
> >surf the Internet. Is this illegal? as you are accessing someone elses
> >network, even though they issued you the IP Address and allow you onto
their
> >network?
> >
> >I'd assume cracking a WEP key and gaining entry into the network would co
me
> >under hacking or intrusion of some sort but what about in this case, with
an
> >open AP?
> >
> >Do you need express permission to gain access to any network?
> >
> >Cheers
> >Jason
> >
> >
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> >
> >
> >
>
>
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