{{{{{Welcome}}}}} wrote:
> Thus spaketh Chris Blunt:
> > On Thu, 10 Aug 2006 10:40:26 +0100, "Ivor Jones"
> > <> wrote:
.......
> >> Especially as using someone else's network (open or not, other than a
> >> genuine hotspot) without their permission is an offence.
> >
> > Is it? What specific law is it that makes that illegal?
> >
> > Chris
>
>
> *Communications Act 2003*
>
> http://www.opsi.gov.uk/acts/acts2003/20030021.htm
>
>
> See: http://news.bbc.co.uk/1/hi/technology/4721723.stm - A recent court
> case, which saw a West London man fined £500 and sentenced to 12 months'
> conditional discharge for hijacking a wireless broadband connection, has
> repercussions for almost every user of wi-fi networks.
>
Interesting. The relevant part of the Communications Act seems to be in
Section 125: Dishonestly obtaining electronic communications
services
(1) A person who-
(a) dishonestly obtains an electronic communications service, and
(b) does so with intent to avoid payment of a charge applicable
to the provision of that service,
is guilty of an offence.
So it has to be *dishonestly* obtaining. I can see that if someone has
secured their wi-fi network, then this makes it clear that they want to
restrict access -- like locking the garden gate. If someone breaks the
security, like picking the lock on the gate, that starts to look
dishonest to me.
But if they have not bothered to secure the network, just as if they
had left the garden gate open, it does not seem *dishonest* to wander
in. OK -- if the owner says you are trespassing, it is only polite to
leave quietly. But they might just be nice people, happy to give open
access within reason.
I wonder what arguments a lawyer can think up.
Inman Harvey