Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
1 edit | reply to Jerm
Re: He got caught by:
said by Jerm  :
They would have never caught him electronically. Wardriving itsself is a legal "gray" area, but even if it was illegal it would be nearly impossible to catch someone.
Very grey area, especially in Canada. While downloading child porn is definitely illegal and he should be locked up for quite some time, war driving technically isn't illegal under the Radiocommunications Act. In fact, it's actually illegal for someone to encrypt their wireless network without a valid government license. Anything unencrypted that is passed over the airwaves is free for anyone to accept and use. You'll note that in Canada, listening to and recording analog cell phone conversations is quite legal. While what he was doing was disgusting and he'll end up in jail for the child porn charges, I highly doubt the theft of telecommunications charge will stick. That actual law governs wireline communications, not unencrypted, unlicensed, wireless communications.
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In a mere 100,000 years, a blink of the eye in geological terms, 90 percent
of the earth's life disappeared.
Yes, I CanChat. Can You? |
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WallyThacker
The Central Scrutinizer
join:2002-02-12
Canada
| said by Snickerdo :
said by Jerm :
Anything unencrypted that is passed over the airwaves is free for anyone to accept and use.
Not quite.
The Radio Secrecy Act stipulates that for non-commercial stuff
1. We can't profit from the contents
2. No divulging the contents to third parties.
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"Our criminal institutions are full of little creeps like you who do wrong things, and many of them were driven to these crimes by a horrible force, called MUSIC" Frank Zappa, Joe's Garage |
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Snickerdo
Premium
join:2001-02-28
Niagara Falls, ON
| said by WallyThacker :
Not quite.
The Radio Secrecy Act stipulates that for non-commercial stuff
1. We can't profit from the contents
2. No divulging the contents to third parties..
Can't profit from the contents is correct, but there is MUCH more to the third parties clause. Like I said, I can record an analog cell conversation in the 800MHz band and post it on the internet legally. It has happened before, and the federal government outright said there was nothing they could do so long as it didn't make any money off the website.
In fact, a search for the Radio Secrecy Act returned no results. You can easily get the entire contents of the Radiocommunications Act online. I have never heard of the Radio Secrecy Act before, and neither have any of my hamming friends. News to me.
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In a mere 100,000 years, a blink of the eye in geological terms, 90 percentof the earth's life disappeared.
Yes, I CanChat. Can You? |
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moonpuppy
join:2000-08-21
Glen Burnie, MD
 ·Verizon Online DSL
| said by Snickerdo :
said by WallyThacker :
Not quite.
The Radio Secrecy Act stipulates that for non-commercial stuff
1. We can't profit from the contents
2. No divulging the contents to third parties..
Can't profit from the contents is correct, but there is MUCH more to the third parties clause.
Hmmm, wonder how news agencies get around not being able to divulge police traffic (since they report traffic incidents and respond to fire and hostage situations) and make profit. |
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WallyThacker
The Central Scrutinizer
join:2002-02-12
Canada | Police, ambulance, fire and so are licensed as commercial. Different rules apply. |
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moonpuppy
join:2000-08-21
Glen Burnie, MD | Not in the USA, they are licensed as public safety, not commercial. |
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