--- Don Erickson wrote:
On Fri, 8 Jul 2005 :
... But anybody (probably a corporation) too stupid to secure their wifi is probably stupid enough to sue for harmless trespass,
Not probably, it has already happened. Or that is criminal prosecution, rather than sueing. My fear is that the first case will not try to use an "innocent trespasser" defense, along with other defenses of course, and wind up creating a common law precedent that will ripple through society and make a real mess of wardriving and wi-fi in general.
Anyway, it's a case to watch and maybe get active in. So far, at least in our little niche it seems to be an 80/20 ratio that wardriving in and of itself shouldn't be a crime, but that other acts during wardriving could be a crime. Not a very scientific poll, I admit.
Brian J.D.
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