Briton held over wireless broadband 'theft'

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Different Regs and Expectations in the US vs. UK

You need to keep in mind that the laws, regulations, and even expectations are different in the US than they are in the UK. For example, in the UK, you may have to register certain electronics with an agency or service provider in order to get a particular service. Our friends in the UK go to great lengths to prohibit and prevent people from glomming onto various over-the-air services. This umbrella of over-the-air services now obviously extends to WiFi access.

I'll agree that in today's world an unsecured wirless router can be considered tantamount to implied consent for access, particular since information on wireless security is so prevalent on line, in print, and often highlighted in the popular news media outlets. In the UK, there is a reasonable expectation (based on existing laws/regulations) that access to an over-the-air service will require direct consent from the owner, and that the idea of implied consent has no legal standing. That being said, I say FOR SHAME! to those who have not taken steps to secure their wireless equipment and yet are surprised or upset when they find that outside parties are utilizing their connections.

In the US, there is complete opposite set of laws and expectations, where the idea of implied consent is more than enough for most people, though it's become more of a gray area from a legal perspective. Though not 100% paralleling the case regarding WiFi access, I think it fits the spirit of the discussion: US courts recently ruled that evidence in a case which was collected from an unsecured, personal (belonging to an employee, not a company) computer left in a somewhat public area was admissible on grounds that no measures were taken to prevent anyone (the general public or law enforcement) from viewing the contents of that computer, either through password-protected screen savers, file encryption, or other means. In essence, the court ruled that if you don't protect it, it's fair game...and that's pretty much the sentiment of most in the US.

That's my understanding of the situation, and my opinions. Take for what they're worth!

Posted by: Daniel.Muzrall   Posted on: 08/24/07 You are currently: a Guest | Members login | Terms of Use

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