Date: Mon, 16 Jun 2008 14:48:44 -0700
Reply-To: Roger Whittaker <rogerwhitt1@GMAIL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Roger Whittaker <rogerwhitt1@GMAIL.COM>
Subject: for those who use wireless on the road ... opps who knew
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State laws regarding access to networks
Many states have criminal laws that prohibit accessing any computer or
network without the owner's permission. For example, in Texas, the statute
is Penal Code section 33.02, Breach of Computer Security. It says, "A person
commits an offense if the person knowingly accesses a computer, computer
network or computer system without the effective consent of the owner." The
penalty grade ranges from misdemeanor to first degree felony (which is the
same grade as murder), depending on whether the person obtains benefit,
harms or defrauds someone, or alters, damages, or deletes files.
The wording of most such laws encompasses connecting to a wireless network
without explicit permission, even if the wi-fi network is unsecured. The
inclusion of the culpable mental state of "knowing" as an element of the
offense means that if your computer automatically connects to your
neighbor's wireless network instead of your own and you aren't aware of it,
you haven't committed a crime -- but if you decide to hop onto the nearest
unencrypted wi-fi network to surf the Internet, knowing full well that it
doesn't belong to you and no one has given you permission, you could be
prosecuted under these laws.
A Michigan man was arrested (
http://arstechnica.com/news.ars/post/20070522-michigan-man-arrested-for-using-cafes-free-wifi-from-his-car.html)
for using a café's wi-fi network (which was reserved for customers) from his
car in 2007. Similar arrests have been made in Florida, Illinois,
Washington, and Alaska. See
--
roger w
There are two kinds of jobs in the world:
Picking up garbage and telling people things.
Successful people do both, with the same good attitude. (riw)
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View the growing list of video work at:
http://revver.com/find/video/?query=LastonLastof&search_on=owners
and ... older work at
http://video.google.com/videoplay?docid=-7135104650374818257
http://video.google.com/videoplay?docid=3259745150182742364
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