[MLB-WIRELESS] Naked wardriver charged

Clae clae at tpg.com.au
Thu Nov 27 10:44:01 EST 2003


Date: Sun, 23 Nov 2003 16:28:46 -0500
Subject: First ever charge in Canada of "Theft of Telecommunications"
From: David Akin <david at davidakin.com>
To: "Declan McCullagh's politics and technology mailing list" <Declan at well.com>

Hey Declan --

Toronto police arrested a man this week and laid what is believed to be the
first-ever charge of "Theft of Telecommunications". The case involves
accusations of child porn and unauthorized Wi-Fi use.

This charge is a bit murky from a legal standpoint. The police cannot say
who the victim of the theft was. At the press conference announcing the
charge, they could not say if the telecommunications services that were
stolen were owned by a residence or a business. (The individual charged was
in a residential area, however, so it seems to a decent assumption that it
was a home.)
It raises some questions for Wi-Fi users in Canada: If you find an open
Wi-Fi network and jack in, can you be charged with theft in the absence of a
complaint from the owner of those services or even knowledge by the police
that your access was unauthorized?

One lawyer we interviewed believes that individuals who knowingly leave
their networks open for any to use could, in some circumstances, find
themselves legally liable if the network is used for an illegal purpose!

Links to my CTV report on this; other media reports; and the press release
from the Toronto Police Services is at:

David Akin
CTV News
The Globe and Mail
Office: 416.313.2503
Mobile: 416.528.3819
Complete Contact Information at
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)
" If they have to detain people, some things have to be changed. They 
have the right to be human and treated as human, to live free within 
the camps. In the closed camp you feel like a prisoner. " - 
(Unaccompanied teenage boy)

To unsubscribe: send mail to majordomo at wireless.org.au
with "unsubscribe melbwireless" in the body of the message

More information about the Melbwireless mailing list