On Monday 11 July 2005 10:46, D. Joe wrote:
That's the law and that's exactly what he was doing.
Really?
Come on, we know how these access points work: They ANNOUNCE their SSIDs and they GIVE OUT IP numbers via DHCP. They don't have to do this, and there are options to have them not do this. Your mileage clearly varies on this point, but I think a reasonable interpretation is that the machine was, indeed, configured to convey that permission.
You guys are leaving a very important part of the legal process out of your discussion: intent.
In many types of cases, the State must show -- no only that the act occurred but -- that there was deliberate intent to commit a crime.