Quote:
Originally Posted by Elfwreck
Considering what's been ruled as "implied consent" in other situations, I'd feel comfortable going ahead with "it was available and the owner took no measures to stop this, ergo, consent is obvious" as a defense.
That doesn't allow for hacking; even a default password indicates a level of interest in keeping unwanted users out. But a totally-open network--which doesn't happen by accident--implies a willingness to have people connect to it without asking first.
Somehow, though, I don't think anyone's going to get busted for using a Kindle at a free wifi spot, authorized or not; it's the people doing filesharing and mega-sized uploads/downloads that are a drain on those systems, and the people doing porn exchanges that cause TOS issues for the wifi owners. Nobody cares if someone's visiting Wikipedia on their bandwidth. |
I agree with your point that there's not much to worry about involving using your Kindle on an open network. (And not much more using your iPad or iPhone.)
But IF you manage to get busted for that (you'd probably have to grab a cop and explain what you are doing to have any chance of anyone finding out about it,) I would not be happy relying on "implied consent" to a charge that could get some jail time or a serious fine. I'd go for a plea agreement - small fine, maybe some community service, and an expunged record down the line.
The sad fact is that once the law gets its hands on you, the outcome can be very disproportionate to the crime. Years ago, I spoke with a woman serving time for bouncing a check in downstate Illinois. It was for less than $100, and judging from what she said, it was a failed attempt to kite the check - that is, she hoped the money would be there by the time the check cleared. In Chicago, where I live, there's not a chance this sort of thing would be prosecuted.
Likewise, in Chicago, with wifi all over the place - protected, not protected, free with registration, floating loose - busting someone for hitchhiking onto the internet is not likely to occasion an arrest, much less a prosecution. But down in Quincy, it might be a different story.