[TheForge] Wireless internet connection - OT from blacksmithing

Tue Dec 26 20:27:42 EST 2006

Apparently you are not going to get a definite legal answer. See
http://news.com.com/FAQ+Wi-Fi+mooching+and+the+law/2100-7351_3-5778822.html?
tag=nl.caro

Here is part of that page: 

Is it legal to use someone's Wi-Fi connection to browse the Web if they
haven't put a password on it?
Nobody really knows. "It's a totally open question in the law," says Neal
Katyal, a professor of criminal law at Georgetown University. "There are
arguments on both sides."
Wi-Fi roundup
Wi-Fi's urban push
Cities take on big Wi-Fi projects--and face challenges to their plans.

That doesn't make much sense. Is there a specific law that regulates Wi-Fi
access?
Sort of. The primary law is the federal Computer Fraud and Abuse Act.

You can read it for yourself, but the important part (check out paragraph
(a)(2)) covers anyone who "intentionally accesses a computer without
authorization or exceeds authorized access." Nobody knows exactly what that
means in terms of wireless connections. The law was written in 1986 to
punish computer hacking--and nobody contemplated 802.1x wireless links back
then.

What do prosecutors think?
We asked the U.S. Justice Department on Thursday. A department
representative who did not want to be quoted by name said, essentially, that
it depends on the details of each case.

The representative said in an e-mail exchange: "Whether access is considered
authorized can be determined in part by the precise circumstances of access,
just as it would be in the physical world. The prosecutor and jury would
look at how the access was accomplished and what was done with the access
before definitively determining that it was unauthorized." In other words,
the representative said, someone sitting in a company's parking lot at 3
a.m. for the sole purpose of network connectivity might be viewed as a
lawbreaker.

Will we ever get a straight answer?
Yes, but expect it to take a while. "This is a problem with the way the
legal system works," says Orin Kerr, a law professor at George Washington
University who has written a detailed article on unauthorized network
access. "Nobody knows how an ambiguous law works until a prosecution is
brought and a court decides."

Alternatively, Congress could rewrite the Computer Fraud and Abuse Act to
clear things up, but nobody expects this to happen anytime soon.

How about sharing? Is it legal for me to share my cable modem or DSL
connection with my neighbors?
In many cases the answer is no. It depends on the wording of your contract
with your broadband provider. Many don't want you to share. As far back as
2002, Time Warner Cable was sending warnings to customers with open Wi-Fi
access points, and a year later it sued an apartment complex on charges of
illicit sharing. Also, AT&T Broadband has acknowledged monitoring customers
for "inordinately high" usage.

"Our terms of service for Verizon Online DSL customers do prohibit them from
sharing their connection," says Verizon spokeswoman Bobbi Henson. "The
service is meant for use in one location, which would be their home."

Henson adds: "We haven't seen a lot of problems with this, to tell you the
truth. Because of the way the DSL network is configured (with one line into
each house), sharing doesn't cause us the network problems, frankly, that it
can cause for cable. If we were to receive some kind of complaint, like
maybe a neighbor calls and says, 'I know my neighbor is sharing my
connection and it's making me mad because other neighbors are getting it for
free,' we might warn that customer."

Do all broadband providers feel the same way?
No. DSL provider Speakeasy, for example, doesn't mind wireless sharing. Its
policy says: "Speakeasy believes that shared wireless networks are in
keeping with our core values of disseminating knowledge, access to
information and fostering community..."

-----Original Message-----
From: theforge-bounces at mailman.qth.net
[mailto:theforge-bounces at mailman.qth.net] On Behalf Of Jerry Smith
Sent: Tuesday, December 26, 2006 7:05 PM
To: Sponsored by ABANA
Subject: RE: [TheForge] Wireless internet connection - OT from blacksmithing

Any one here have legal access to Westlaw? Check for
lots of cases, because their are, just different tech,
but applicable to unauthorized wireless service.

People have been getting busted for theft of service
from satellite services for years, in Chicago before
cable they have a UHF subscriber system that people
hacked. When I ran a cable system, I found a wire
going across a sidewalk from a pedestal that had been
broken open, it ran to the back of a TV thru a window.
The police really like that one, the lady who lived in
the house was watching the TV, she said he boyfriend
hooked it up. Two different crimes were happening, as
well as some violation of electrical service laws.
Both got 3 months in jail and had to repay the system
about $1,200 for services lost.

Please bewared, your spouse, your friends, your
neighbors are the ones who accidental give you away.
The person who you are getting services thru, may look
at this as a simple thing and tell people that you are
doing it. It never fails, somebody opens their mouth
and you get busted. People are better than all of the
tech equipment out there for catching illegals.

I don't say these things to discouage some creative
thought process, I say them because people do get into
trouble for doing this stuff. My local ISP threaten
me, when I tried to access my email via telnet. I told
them sorry and I was just trying to get my mail in a
fashion that I knew about from the past. Most
companies will let you go with a warning, but these
days many will not.

Jerry

--- Kevin Hall <kevin at thunderhammerforge.com> wrote:

> I did hear of one case where a person who was
> "stealing" wireless internet
> was prosecuted. 
>
http://arstechnica.com/news.ars/post/20050707-5068.html
> 
> 
> -----Original Message-----
> From: Jerry Smith
> [mailto:jerry_smith at anvilsandinkstudios.com] 
> Sent: Sunday, December 24, 2006 7:08 PM
> To: Sponsored by ABANA
> Subject: Re: [TheForge] Wireless internet connection
> - OT from blacksmithing
> 
> That is if the subscriber can give permission. Most
> of
> you can afford to pay for this kind of service. I
> worked in the cable trade for many years, people
> didn't take cable theft laws very seriously until
> they
> got caught. One guy lived in a $500,000 house drove
> nice cars and stole Cable, he had to repay the cable
> company for 2 years of maxium service including all
> pay per views and got 6 months in jail. 
> 
> The general rule is that you are restricted to
> distribution in your house hold, to family and on
> your
> property. If you go beyond these boundries, then
> your
> provider could charge you as a commercial
> organization.
> 
> Doing the tech thing is a lot of fun, but be ready
> to
> be responsible for your actions, either civil or
> criminal complaints can happem. I don't want to be a
> kill joy with all of this, but the figures from the
> Satellite TV trade for theft of service for last FY
> was $6 billion. Thats a lot of money.
> 
> Jerry
> 
> 
> --- Jerry Frost <frosty at customcpu.com> wrote:
> 
> > 
> > From: <PlumDon at aol.com>
> > 
> > 
> > > Kindest thanks for the suggestion re the
> cantenna
> > for 
> > > a wireless internet
> > > connection. I have been using it for eight days
> > and 
> > > have never failed to get
> > > broadband or had it dropped while using. I well 
> > > recognize that I may go to hell
> > > or jail for doing this but I'm going to keep
> doing
> > it 
> > > and see which one comes
> > > first.
> > >
> > > Don Plummer
> > >
> > 
> > As long as you're doing it with the subscriber's 
> > permission there is no problem, legal or moral.
> > 
> > Merry Christmas.
> > 
> > Frosty
> > -------------------------------
> > If it ain't forged
> > it ain't real.
> > Wrought iron is.
> > The FrostWorks
> > 
> > Meadow Lakes, AK.
> > 
> > http://www.artmetalradio.com/
> > 
> > _______________________________________________
> > Manage membership or unsubscribe at:
> > http://mailman.qth.net/mailman/listinfo/theforge
> > theforge mail list group photo site is
> > http://www.photoaccess.com
> > Login:  blacksmithblacksmith at hotmail.com
> > password:  anvil
> > ___________
> > 
> > 
> > 
> 
> _______________________________________________
> Manage membership or unsubscribe at:
> http://mailman.qth.net/mailman/listinfo/theforge
> theforge mail list group photo site is
> http://www.photoaccess.com
> Login:  blacksmithblacksmith at hotmail.com
> password:  anvil
> ___________
> 
> 
> 
> _______________________________________________
> Manage membership or unsubscribe at:
> http://mailman.qth.net/mailman/listinfo/theforge
> theforge mail list group photo site is
> http://www.photoaccess.com
> Login:  blacksmithblacksmith at hotmail.com
> password:  anvil
> ___________
> 
> 
> 

_______________________________________________
Manage membership or unsubscribe at:
http://mailman.qth.net/mailman/listinfo/theforge
theforge mail list group photo site is
http://www.photoaccess.com
Login:  blacksmithblacksmith at hotmail.com
password:  anvil
___________