Re: A night in the cells - for using the 'wrong' wifi!

On Wed, 13 May 2009 13:27:03 +0100, "The Todal" <deadmailbox@xxxxxxxx>
wrote:

The facts are indeed rather scanty, but presumably it didn't take long for
the police to ask the owner of the wireless network whether he was content
that anyone and everyone should use the network without prior permission.
The next question is then whether the defendant (the 29 year old Deal man
who has asked not to be identified) knew that his access to the network was
"unauthorised". If he said to his solicitor yes, I agree that I knew it was
unauthorised, then the solicitor would not be entitled to say "let's deny
that you knew it was unauthorised and fight this". That would be unethical.

If he said he did not know that his access was unauthorised, the jury - if
the case came to trial - would have to decide whether they believed him.
The defence might be "I assumed that in any wireless network not secured
with a WEP or WPA password, the owner consents to anybody using the
network". That would be an implausible defence, in my view, unless the jury
is of the opinion that the defendant is so ill-informed and naive about
wireless technology that he reckons it is some sort of public service like
receiving a television broadcast.

I think you are possibly mistaken... there are plenty of wireless
networks left open precisely so that anyone can use them. There are
websites where those who are inclined can make it known that their
wireless network is unsecured.

There are of course places - some cafes
and restaurants, motorway service stations - where free wireless access is
openly advertised.

...and many regular streets, cul de sacs etc. where free wireless
access is available, but not advertised (or rather, it's only
advertised by the wireless router itself).

If you are able to get access to a network in your
street, you know - surely - that you are taking advantage of a customer who
doesn't know how to secure his network and isn't aware that anyone is
accessing his system

Well, if you are on the street where I live you'll see a bunch of
secured wireless networks (including some owned by people are a most
definitely not "techies") and one which is unsecured (mine). One might
conclude that anyone who wants to can turn on encryption on their
wireless network, and that if one isn't secured, then perhaps the
owner intended to do that.

I've no doubt that there are people who have unsecured routers without
having intended it, but I'm not sure why that should mean no one can
use open networks without knocking on every door first to see if it
was an accident or not.

and that they might also have an opportunity to read
his private documents on his computer.

that's a different matter entirely...

GEJ
.

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