On Thu, 07 Jul 2005 16:53:38 -0700, Erik Bixby <
erik.bixby@gmail.com>
wrote:
> "Even better - the networks without any security AND DHCP. This is a
> far cry from *unauthorized access*, a third degree felony - it is
> literally an invitation."
>
> Leaving one's door unlocked is not an invitation to burglars. I agree
> that making something as innocuous as checking one's email or doing a
> bit of surfing on a unsecured WAP shouldn't be a felony, though...
> -Erik
>
I would use the analogy of trespassing rather than burglary. Farm
communities view trespassing differently than a city neighborhood. People
routinely traipse across people's properties in rural areas, even
less-than-acre lots, and it's not viewed as something that deserves a
third-degree felony. Tell a jury this, then give the analogy to a WAP as
a wall, and you should have a good defense.
--
Alexander
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