On Thu, 20 Oct 2005 20:17:52 GMT, David Taylor <djtaylor@bigfoot.com>
wrote:

>> "denying access" part - they are pretty well all designed to permit you to
>> keep out unauthorized users. However, I doubt you can be help liable in
>
>How? How is the AP designed to keep unauthorised users out? :)
>
>> most jurisdictions if somebody hijacks your bandwidth. otoh, you _could_
>> be held liable if illegal material gets stored on your system - which is
>> also possible if you're letting unknown people hack your wireless network.
>
>Well possibly untested but in criminal proceedings, the burden of proof
>lies with the prosecution who must prove beyond reasonable doubt.
>
>I think the defence "is it at all *possible*, that someone could have
>access the defendants computer via the open network and placed upon it
>these file?
>
>The answer is an absolute YES it is possible.
>
>Case dismissed. (depending on quality of arguments offered etc.)
>

If you are very, VERY, lucky.

"Beyond reasonable doubt" means just that. It does NOT mean that if it
was *possible* it could have been somebody else, then the case will
automatically be dismissed.

If the jury believe there is no realistic likelihood that it *was*
somebody else, then they are likely to convict.
--
Alex Heney, Global Villager
System halted. There is NOTHING you can do.
To reply by email, my address is alexATheneyDOTplusDOTcom