[Politech] First charge in Canada for WiFi "theft of telecommunications"

From: Declan McCullagh (declan@private)
Date: Wed Nov 26 2003 - 06:11:33 PST

  • Next message: Declan McCullagh: "[Politech] Why Fed spam bill will boost the Nigerian economy, by A.Lizard"

    ---
    
    Date: Sun, 23 Nov 2003 16:28:46 -0500
    Subject: First ever charge in Canada of "Theft of Telecommunications"
    From: David Akin <david@private>
    To: "Declan McCullagh's politics and technology mailing list" <Declan@private>
    
    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:
    http://davidakin.blogware.com/blog/_archives/2003/11/23/6793.html
    
    
    -- 
    David Akin
    -----------------
    CTV News
    The Globe and Mail
    -----------------
    Office: 416.313.2503
    Mobile: 416.528.3819
    -----------------
    Complete Contact Information at
    http://www.davidakin.com
    _______________________________________________
    Politech mailing list
    Archived at http://www.politechbot.com/
    Moderated by Declan McCullagh (http://www.mccullagh.org/)
    



    This archive was generated by hypermail 2b30 : Wed Nov 26 2003 - 07:01:52 PST