P
pony
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Yeah, commerical premises, why would anyone go inside?
Walking in into an open shop or a house saying "Anyone home" is a different
story.
The important question is what tapping into a wifi network is analagous to.
The answer is that it is not analgous to any of them, because the network
owner is theoretically trespassing by broadcasting its signal. Hence
specific statutes such as Telecommunications and Broadcating to deal with
these issues.
Unfortunately this is one area of law where the onus is on the "offender"
to prove there was no malicious intent. In other words, you are guilty
until you prove yourself innocent. That defence has been tried and
failed - a B&E on a commercial premises, person found inside (no witnesses
to say that person actually committed the B&E), person claimed they had
been walking past, saw the broken window, and entered to check if anyone
was inside. The defense failed as they were still trespassing and that
was not deemed a lawful excuse....
Yeah, commerical premises, why would anyone go inside?
Walking in into an open shop or a house saying "Anyone home" is a different
story.
The important question is what tapping into a wifi network is analagous to.
The answer is that it is not analgous to any of them, because the network
owner is theoretically trespassing by broadcasting its signal. Hence
specific statutes such as Telecommunications and Broadcating to deal with
these issues.