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Date:         Mon, 16 Jun 2008 21:18:27 -0700
Reply-To:     Loren Busch <starwagen@GMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Loren Busch <starwagen@GMAIL.COM>
Subject:      Re: for those who use wireless on the road ... opps who knew
In-Reply-To:  <48570439.4030507@charter.net>
Content-Type: text/plain; charset=UTF-8

RE: Open WiFi and the law, etc.

I would expect that it would be very hard to prosecute on this. Setting up an open unsecured wifi net, especially by a commercial establishment like a restaurant, is like saying "Here I am, open to all, use me". And what constitutes a customer? Customer today, last week, tomorrow? If they don't want people to sit in the parking lot and use the net it's simple to password protect. In the case of the guy that was arrested here in Washington, IIRC, he was a repeat offender that had been warned and ended up being arrested when he continued to park in front of the establishment and use their network. But. to avoid possible problems (you might win in court with a good lawyer and $20k in attorney fees) there are plenty of public nets open. Try the local library in small towns. Or, if using a coffee shop or restaurant connection, go in, sit down, buy a sandwich. Another thing to keep in mind is spoof networks, set up to catch the stealth user and capture personal information. Don't know if that is a modern urban ledgend or that it has actually happened but it sure is possible.


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