[X4U] Man arrested for using Open Wireless network (was Re: Wireless "theft" )

[Stroller]

On Jul 7, 2005, at 3:52 pm, David Flory wrote:
>
>> "(3) Knowingly and without permission uses or causes to be used
>> computer services."
>
> ... Section 3 that I quoted is very specific plain English. If you 
> don't have permission to use "a computer or computer network" don't 
> use it.

The defendant asked for permission to use the network when he requested 
an IP address via DHCP broadcast. The router gave him an IP address and 
offered itself as a gateway; the defendant then asked the router to 
forward his packets to the internet for him. It would be trivial for 
the router to have denied any of these requests, so it clearly and 
expressly gave him permission.

> An analogy: If you see a car with the keys in the ignition, even with 
> the engine running, is it an invitation to drive it to the market? 
> Some think so, but they still get booked into jail.

Another dumb analogy: you go to the bank & request a withdrawal and are 
given the funds, but it turns out you don't have an account there. You 
are arrested for theft.

Analogies are just another way to dumb down the argument so it 
demonstrates your point of view.

> If the legislature wants to change the law, great, but as it stands 
> now use of your, or my, wireless network, without getting our 
> permission is a violation of the California Penal Code.

Not so. California Penal Code does not apply here in the UK where my 
wireless network is located, nor does it apply in Florida, where the 
defendant was arrested.

Although use of a wireless network without getting permission may in 
California be a violation of the local Penal Code, it is not clear 
whether the permission of an individual is needed, or whether the 
permission granted electronically by the access-point is sufficient.  
The legislature's intervention is not required - precedent has 
apparently not will established this detail, but may do so; unless you 
are a California judge presently closing on a case of this nature, you 
are not qualified to say "use of my wireless network without getting 
[my] permission is a violation of the California Penal Code".

Stroller.