Also, it's very rare that you'll "accidentally" use someone's WAP. You have to make a conscious decision to access their network. Again, just because the signal is there, doesn't give you the right to use it. In that theory, having a decryption system for satellite TV is fine and dandy, because the signal just happens to be being broadcast to your location; never mind the rights of the content owners.
While it's true that users need to be responsible for the technology they use, we all know that's just not true. No patch for human stupidity, as they say. Again, that doesn't give you the right to utilize someone else's stuff.
So, for one, you're accessing a private network without authorization. That's a crime, period. Second, you may be violating the ISP's Terms of Service (and in turn, the legal customer of the ISP is violating the ToS) by having computer not owned by the customer "sharing" their network.
Now, why is it illegal? While the intentions of some may just be to check some email or hop on mapquest because they are lost, anyone reading these forums will probably know what kind of havoc can be wreaked with a little ARP spoofing and some Man in the Middle action. Let alone default open shares on machines and such. So the law is there to protect the ig'nint.
Okay, getting a little too preachy for my second post here, better stop before I really bury myself.








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