[Gllug] News: Two cautioned over WiFi theft

[Paul M]

On 4/17/07, paul at ma1.se <paul at ma1.se> wrote:

> >
> > As I understand it, EU law allows a person to share their wireless
> > Internet connection with up to 10 people (I may well  be wrong, it
> > happens fairly frequently). However, It seems that the Communications
> > Act 2003 counters the EU directive.
> > So, if I'm correct and that EU directive exists, which one takes precedent ?
> > If the EU law exists *and* takes precedence over the 2003 Act, where
> > does that leave people wanting to share their wireless connection, and
> > those using the shared resources, if people are being arrested for
> > accessing the Internet through an open AP ?
> >
>
> Yes you mean the EU directive legalising "Home ISP's" and which to an
> extent superceded some of the provisions of 1984 Telecommunications Act
>
> I suspect its a matter of having adequate permissions, and "hotspot
> owners" still have a say, obviously on who can and can't connect to
> their network.

Yep, the relevant section is 125

125    	Dishonestly obtaining electronic communications services

  	    (1) A person who-
      (a) dishonestly obtains an electronic communications service, and
      (b) does so with intent to avoid payment of a charge applicable
to the provision of that service,
  	is guilty of an offence.
So if people have your permission it will not apply.
You can't steal immaterial things (e.g. electricity) so  laws are
created to cover similar scenarios ( 'abstracting electricity').

Paul M

P.S. Most of the rest of the act covers *designated* electronic
communications service (rather circularly defined as what OFCOM
desinated them to be. I suspect this is the act that defines the
powers  of the then newly created OFCOM which took over the functions
of a number of different bodies including telecoms and regulation of
the radio spectrum from the DTI. Since wifi is unlicensed this stuff
is not going to apply.

> Also allowing the sharing a broadband connection might still infringe
> your T&C with the ADSL provider.
>
> Paul Lee
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