Drachen and Low Bat,
I actually agree w/ you guys on the whole point that is now up for discussion…proving the ‘willfully’ part…that’s where the challenge lays IMO, not necessarily whether or not there is something on the books…so yea, from that standpoint, making it ‘stick’ is the legal challenge that a cable company or gov is up against.
Still…‘willfully’ might be harder to determine in a city where you have 20 AP available…but in my neighborhood, I have 5-6 available, and DSL isn’t available in my part of town, it’s cable only, and there is no way no how that any of them are public access points, they are all in private homes…there isn’t a major road, hotel, business w/in 5 miles of my home…hills everywhere…so if somebody were to somehow get caught on an AP here, it’s most certainly be either ‘willfull’ or ‘supidity’ that drove the connection…hehehe…
I just got thru getting my dad and my brother BOTH off of a neighbor’s AP…in both cases, they had not setup their client stuff correctly and windows was set to ‘connect to first available’...so in their cases it wasn’t ‘willful’, instead it was just not knowing what they were doing…
But, in the end, I’m not sure that would necessarily get you off…saying that you didn’t know…but, in the end, is a cable company or gov really gonna prosecute someone who just did some news reading and ebay shoppint accidentally over a neighbor’s wifi, probably not…it’s gonna be the child porn guy, or some other illegal activity that pushes this into court.
Chris