[MLB-WIRELESS] Legal question

[Nick Sibbing]

Dan Flett wrote:
  
> As has been said, courts take such factors as the intent of the
> "trespasser" into account.  That's why it's a grey area.  According to
> the letter of the law you may be doing something illegal.  But if you
> didn't know that you were stealing someone else's net bandwidth, and had
> no intention of doing so, you might be - and probably will be in the
> clear.  Words like "might" and "probably" are not black and white - they
> are grey.
> 
> Some have compared a wireless router that has wide-open default security
> settings to a house with all it's doors and windows open.  It is still
> illegal to walk into that house, sit down on the couch and watch TV for
> a while.  It is "reasonable" to accept that every adult should know that
> this is illegal. 

I don't believe trespass is a crime as such. Ie it isn't dealt with in
the criminal courts but the civil. People have the right to sue
trespassers to recover any damages. As far as I'm aware failing to leave
a property when asked is a criminal offence.

So if I wander into your yard, don't do any damage and wander out (maybe
retrieve a ball that went over a fence) quite rightly its not a crime.
If I break something you can sue me. If you tell me to leave and I don't
you can call the cops and they might charge me. But breaking and
entering a house is a crime

So I find it hard to believe that it would be illegal to accidentally
use an open AP. As everyone else in this thread says IANAL but the above
priciples are pretty well established in common law. So to use Dan's
example if you accidentally use someone elses bandwidth I doubt that a
court would award damages against you and factors like your intent and
their defences should come into it.

Regards Nick Sibbing

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