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oliphant
I Have 8 Boobies
Premium
join:2004-11-26
Corona, CA
edit:
July 4th, @05:41PM
| reply to BVT
Re: Unencrypted Signal Leaves Property = Public
I didn't say I owned the service and access is private property. I own my connection to verizon. I own the modem and the AP. Without the presence of my private property there is no access from my location. I also own the phonelines to which the modem is connection. The phone company doesn't own anything after the NID. They grant me a right to access the internet through their service in accordance with the TOS/AUP in exchange for money. But that is immaterial...the service is owned and the wardriver doesn't have permission to use it.
The AP is also owned and is private property and the wardriver doesn't have permission to use it.
Flordia Law
quote:
Fla. Stat. 815.06 Offenses against Computer Users
Whoever willfully, knowingly, and without authorization accesses or causes to be accessed any computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another commits an offense against computer users.
Except as provided in this subsection an offense against computer users is a felony of the third degree, punish- able as provided in S.775.082, S.775.083, or S.775.084.
If the offense is committed for the purposes of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in S.775.082, S.775.083, or S.775.084.
»www.clas.ufl.edu/docs/flcrimes/s···00000000
By accessing an AP without permission you are denying that available bandwith to authorized users. And in the case of some providers that place monthly DL limits on their service you are denying them that percentage of their service or all of it should the person reach their limit as a result of unauthorized access. | |
wifi sucks
@verizon.net
| said by "oliphant":
I own my connection to verizon.
No, you don't. Try to re-sell their services, or use them for commercial purposes. Try to re-sell your assigned IP address off to a third party. I guarantee you that you don't "own" anything - you only pay for access to *their* services, *their* internet bandwidth, and *their* ARIN-assigned IP addresses.
Re-selling their services (at least for a residential subscribed), is a clear violation of their TOS, and you could have your service terminated, and be sued civilly for breach of contract. I dare you to try it, and then claim in court that "you own it" (which would grant you the legal right to re-sell it as you wished). That would be funny to watch. Again, please, get a clue dude.
If someone accessed your wireless AP, for the sole purpose of using a negligible amount of your ISP's internet bandwidth via your connection, any such "theft of service" would be between the rogue wireless user and your ISP, not you personally. And in fact, you could be held partially liable for that theft (contributory negligence), for not securing your wireless AP and ensuring that you complied with your obligations under their TOS.
Any over-the-air RF communications on the unlicensed ISM bands are completely legal. I have just as much right to use those bands as you do. If my radio communications happen to result in my data getting sent to your ISP via your hardware installation / configuration, then YOU are jointly liable for that, and any resultant "theft of services" that may likewise result.
It would be no different, then installing one of those "wireless video senders" to your cable-TV connection. Say that I just so happen to live next-door, and also happen to have one of them. You subscribe to for-pay channels. I don't. You happen to be watching a movie on one of those channels, so I decide to watch it too - via your for-pay cable-TV! Am I stealing cable (even though, physically, I have no "connection" to your cable-TV feed, I have my own), or are you in fact facilitating the illegal public re-broadcast of copyrighted content (and in the case of for-pay cable channels, likely originally encrypted, your re-broadcast would be decrypted, and thus also a DMCA violation)?
All because *you* bought a "wireless video sender", and didn't take the necessary steps to secure it (negligence). | |
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