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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
Content-Type: text/plain; charset=ISO-8859-1

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) ----------------------------------------------------------- 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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