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Benson's Avatar
Posts: 4,930 | Thanked: 2,272 times | Joined on Oct 2007
#21
Originally Posted by geneven View Post
In my statement, I was referring to US law as interpreted by courts. As I already said in this thread, Benson, I don't understand the legal principles very well. Since you do, how about you explain what the laws are and in which states they apply?
I don't, in fact.
  • I didn't make any assertions about them. A simple assertion that "the law has regarded" anything, without any reference to what law, is at least useless, and arguably worse. That was my principal point in that post.
  • I also claimed not to know of any cases directly applicable to your example. (I know of no such cases; I am somewhat cognizant of a variety of cases that have gotten some publicity, but the ones I have heard of typically involved an AP operated by a commercial or government entity.)
  • Oh, and I threw in a humorous jab at the DMCA, which seems to make more or less any activity involving a computer possibly illegal, at the relevant court's discretion, but is not directly related.
So what gave you the idea that I "understand the legal principles very well"?
Oh, and on the other subject, the "similarity" of wireless and sheep jumping over a wall into your yard. They are NOT similar. You can forbid your neighbor from letting sheep trespass on your yard, but try forbidding wireless communications to cross your property.
I was just (snarkily) pointing out that your analogy, which you correctly said was legally different, was weaker than the sprinkler-water analogy initially proposed.

FWIW, you seem to be confusing things a little; either forbid the sheep, or forbid the neighbor from letting wireless communications onto your property; the latter may actually be within your rights, if his communications are causing interference.

Really though, I suspect* the difference has less to do with radio waves vs. sheep or forbiddability than with the two-way nature of the communication; you interrogate the neighbors router, eliciting responses it would not otherwise have produced. I expect** simply packet sniffing traffic without any transmission is not considered illegal in as many jurisdictions as actively connecting to an AP and downloading your own data.
*Disclaimer: suspect in this context is used merely to introduce a supposition which seems likely, and is not intended as and should not be interpreted or construed as a suggestion of competency, legal-principle-understanding, paralegal status, or bar licensure in any state, province, nation, region or planet.
**Disclaimer: expect in this context is used merely to introduce an inference, and is not intended as and should not be interpreted or construed as a suggestion of competency, legal-principle-understanding, paralegal status, or bar licensure in any state, province, nation, region or planet.