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
On Thu, 20 Oct 2005 19:25:08 +0100, "Simon Zerafa"
<postmaster@127.0.0.1> wrote:
>Tha is all well and good until your local "naughty" person decides to
>download some less then legal pictures or similar using your WiFi /
>Broadband connection.
>
>In the eyes of the law you could also be held liable for any illegal usage
>of a "public" service which you may be offering.
How could you be any more liable than an ISP whose customer does the
same thing?
> "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.
Certainly but it is not difficult to illustrate that it's actually
incredibly easy and quite likely that someone could hop on to an
unprotected wireless network and use it without obvious detection by a
"typical" home user.
Therefore, in the absence of other incriminating evidence, doubt must
exist and can't by definition be "beyond reasonable doubt". Hey, we can
all play armchair legal etc but this is the case with wireless. Now on
the other hand, any good police force isn't going to just pick up a
computer and push for a prosecution just because of PC content but
rather aim to secure additional evidence. Evidence such as the owners
credit card details being used for pay sites of a type offering such
content. Telephone calls with other known offenders.
On the other hand, we are talking about the police force here and Thames
Valley police issued a statement saying that they weren't going to spend
time on investigations unless they knew who the offender was. They
seemsed to have lost the plot of what "investigation" actually means!
> If the jury believe there is no realistic likelihood that it *was*
> somebody else, then they are likely to convict.
Quite which is why the legal system is so muddy and potentially unjust.
Just because the jury believe the evidence, doesn't make it the right
story!
> On the other hand, we are talking about the police force here and Thames
> Valley police issued a statement saying that they weren't going to spend
> time on investigations unless they knew who the offender was. They
> seemsed to have lost the plot of what "investigation" actually means!
What? You mean that isn't the usual investigatory technique of police
forces everywhere?
--
derek
> What? You mean that isn't the usual investigatory technique of police
> forces everywhere?
I live in hope! :)
As of today, in the UK it becomes an offence to set off fireworks after
11pm, punishable by fine or gaol time. Given that we have fireworks
going off pretty much every night from about the beginning of October
until after New Year, from 9pm onwards, I just can't wait to phone up
the police and ask them go to and sort it out.
Might divert them from their speeding persecution fest!?
Re: Hijacking a broadband connection 
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