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fragos's Avatar
Posts: 900 | Thanked: 273 times | Joined on Aug 2008 @ Fresno CA USA
#31
Originally Posted by Baylink View Post
There you go again.

"Theft" has a very specific legal meaning, and I have seen no case law that applies it even to the more clear cut case of music sharing, much less "use of a non-secured wifi connection and the Internet uplink behind it".
There you go again! -- you asked for help cracking your employers security.

Cracking someones security doen't change the owners intention that the connection be unsecure any more than breaking and entering makes you a home owner. Even if the act isn't illegal it is still unethical.
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#32
Agreed with Fragos. If you have to "crack" the network to gain access.. that is no different than "picking" a lock to get into a home. It's not "theft", but AFAIK, it is still illegal.

Let's look at DRM/DMCA for a second. According to the Fair Use laws.. it SHOULD be legal for you to make a backup copy of any DVD/CD/etc that you own for personal purposes. However, since the *AA industry wants to stop pirating they place on DRM technologies. Now, while it might be legal for you to make a backup of your DVD.. it is *illegal* for you to circumvent or bypass the DRM technology on the disc.. virtually making even playing encrypted DVD's in Linux potentially "illegal". Example.

Now, IANAL of course, but I am pretty sure there are several laws that actually make illegal the mere act of "breaking" the encryption on wireless (or wired) networks. This has nothing to do with "stealing", "theft" or even bandwidth, simply the fact that you are gaining access to something that the owner wishes to remain private, without consent. The reasons are irrelevant.. just like it wouldn't matter if you were freezing to death or starving on the street before you decided to break in to a house and take some food.

You'd still be charged for it. Reasons are, usually, irrelevant in law.

Now.. what I've always been curious is, is it illegal for me to connect to a Neighbor's wifi that is totally *unsecured*?? No WEP, WPA, Nothing.. my computer just automatically connects because - hey, it's there?

Oh.. and count me in on the bandwagon of people that know that a wireless device can be found.

Again - IANAL.. I just like chiming in on random subjects
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#33
Good points, also keep in mind its US specific. It is not illegal to circumvent DRM in every situation, or to reverse engineer something.

Did you hear about iTunes coupons being cracked? For 3 USD you get a 200 USD coupon. If they can track down the bad coupons those who bought em will probably lose their credit (or even get in debt)...
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#34
Yeah.. I don't know all the loop holes, or when you can, when you can't, what you can/can't do.. etc. I have just spent quite a while looking online trying to figure out whether it's *actually* illegal to make a personal backup copy of a DVD that I own. The answer seems to be... "It's legal till you go to court for it".

The whole DRM/DMCA thing is kind of a joke, IMHO.

And yes... everything I've said is very US specific... since the US seems to be the most anal, ridiculous country ever with regards to computer laws.
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fragos's Avatar
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#35
Originally Posted by fatalsaint View Post
Now.. what I've always been curious is, is it illegal for me to connect to a Neighbor's wifi that is totally *unsecured*?? No WEP, WPA, Nothing.. my computer just automatically connects because - hey, it's there?
I've heard in the UK they wish to make it illegal to access other's open wireless and even illegal to have an open wireless access point. In the US I don't think we have a specific law on the act of using an open wireless connection. I leave my home wireless open when I'm on the computer -- which is most of the time. I've on occasion used an open connection to check my email. I use a $7.95 per month Boingo mobile account which provides access to a large number of WiFi locations with my N810. On a personal level, I set ethical rules for myself. I consider that every act I take may have a negative consequence on another.
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sunnydips's Avatar
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#36
Just because doing something is illegal that doesn't make it a negative act. It would be illegal for you to don a ninja suit and run around the night slicing meth dealers but I see nothing wrong with that at all.
 
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#37
Originally Posted by fragos View Post
There you go again! -- you asked for help cracking your employers security.

Cracking someones security doen't change the owners intention that the connection be unsecure any more than breaking and entering makes you a home owner. Even if the act isn't illegal it is still unethical.
Wow. Work on the reading comprehension.

SOME OTHER GUY asked for help on that.

I was on the "I will be paged the second you associate" side.

Not that this justifies your view point.

Originally Posted by allthegoodnamesweretaken
Once they figured it out they sued him for theft -- unsuccesfully. Because one cannot steal 'bandwidth'.
More likely because, being a *crime*, that's not someone for which one sues another, it's something which one invites a DA to prefer criminal charges for -- or doesn't, if that DA doesn't think he can win a case.
 
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