Crispin Cowan wrote: > Gary Driggs wrote: > >> Crispin Cowan wrote: > Ignorance of the law is different from ignorance of the facts. Trespass > is not trespass unless "no trespassing" signs are clearly posted, > because one can be fully aware of the laws of trespassing, but have no > chance of detecting passage from state land to private property while > wandering through the woods, unless signs are posted. Actually, this isn't true - see ORS 164.205 and below. While most of the time, you won't get arrested for trespass if you stumble onto someone's property, you are indeed trespassing unless you have their permission. > > So if you consider your WAP to be private property, keep out, IMHO it is > incumbent upon you to do something to make that explicit. If your ISPs > AUP says "no sharing", then they just imposed that responsibility on you > (the WAP owner). Actually, if you want to push this analogy of your WAP being private property and war drivers being trespassers, then the law (in Oregon) isn't on the war drivers side. Trespass (in Oregon) does not require the property owner to post "no trespassing" signs. On the contrary, it either requires the property owner to take an affirmative action to make it known the property is "open to the public", or other circumstances must exist at the time that would require a reasonable person to believe that no permission is required to enter or remain. Most home wireless users are clueless that their wireless access is accessible by anyone within their home. In spite of a relatively small community that not only knows it is available, but are willing to share their own bandwidth, I would doubt that a "reasonable person" would think that random wireless networks are premises open to the public. -- ====================================================================== Warren Harrison, EIC/IEEE Software Magazine warren@private Department of Computer Science http://www.cs.pdx.edu/~warren Portland State University PHONE: 503-725-3108 Portland, OR 97207-0751 FAX: 503-725-3211
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