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Busted For Using Library Wi-Fi Outside The Library

sevej writes "Keith Shaw, in his weekly column "Wireless Computing Devices" (Network World Fusion), reported on a recent entry in AKMA's Random Thoughts where AKMA was using a public WiFi network outside of a library. A policeman approached him and asked that he only access the Internet from within the Library and hinted that Federal Laws against "signal theft" were applicable. Oh, and btw, we're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest."

746 comments

  1. How did they know? by freitasm · · Score: 5, Interesting

    I wonder how the police officee knew the priest was using wi-fi? A wi-fi sniffer or something like this?

    1. Re:How did they know? by hype7 · · Score: 1

      God.

    2. Re:How did they know? by Anonymous Coward · · Score: 5, Interesting

      The key point isn't how they knew. The question is, how are YOU supposed to know if the access point owner does not want you to use the signal where it is technically available? After all there are lots of hotspots where the owner wants to provide internet access to public areas outside of buildings.

    3. Re:How did they know? by CodeMaster · · Score: 1

      Until they come up with a real law and real measures to enfore it - I call bullshit.

      I can't see a way in hell that this could pass muster in court, or even get properly arrested for this. "Sir - you are being charged of stealing bandwith, place your hands away from the laptop"...

      A more complex situation would be in airports with multiple WiFi access points, including the airports own network. I have seen multiple airports where there is a pretty strong signalled network with SSID of "airport" or "mobileunits" that is wep protected. Can't think of the number of times I fired up kismet and started to save WEP packets for cracking (hey - curiosity killed the cat right?). Can't think of a way I would get busted for doing so (quickly switch over to another SSID, change MAC address...)

      Just my 2c

      get a free ipod! This really works. (Free gmail invite to the ones using this referal and completing the offer!)

    4. Re:How did they know? by SimianOverlord · · Score: 5, Funny

      RTFA, fool. The policeman had a wireless laptop which was logged into CIA spy satellites through the library.

      --
      Meine Schwester ist sehr, sehr reizvoll - Nietzsche
    5. Re:How did they know? by Anonymous Coward · · Score: 0

      This argument doesn't cut: There are no shops that offer free fruits, but many public, unanounced, free wifi access points. So with wifi, we can assume that it might be free because there are some other free ones, but with fruits lying outside a shop, we can't because no shop would place their fruits there and give it away.

    6. Re:How did they know? by richie2000 · · Score: 5, Insightful
      you assume that the tables outside a restaraunt are only for the shops patrons

      And you assume the public bench and public WiFi in a public place outside your local public library are available to the public, especially if said public happens to have a library card. What's different from being outside the library and inside it in this regard? Your analogies are both faulty and misleading, unless you seriously want to claim that it's illegal to walk into a public library and sit down on one of their chairs.

      --
      Money for nothing, pix for free
    7. Re:How did they know? by Anonymous Coward · · Score: 0

      There are few places where someone places tables in public areas for everyone to use and it's also quite unusual to find public fruit supplies nicely arranged on the sidewalk. But there are many free public hotspots. There are also very simple technical means by which a hotspot operator can require the users to agree to some rules before they can use the access point.

    8. Re:How did they know? by Richard_at_work · · Score: 1

      Right, lets get something straight. The GP was talking about general access points, and so was I. In this case, yes I agree that it was a public access point, in a public library, but the grandparent was wider in scope than that and thus that was the scope I followed in my post.

    9. Re:How did they know? by Oligonicella · · Score: 1

      Well then, your argument doesn't cut. There are many more wifi access points that are not free for use. Go with the statistics and friggin' find out first.

    10. Re:How did they know? by whovian · · Score: 2, Insightful

      The question is, how are YOU supposed to know if the access point owner does not want you to use the signal where it is technically available?

      Don't lease an IP address until user visits a web splash page listing the terms of service and clicks Agree.

      --
      To-do List: Receive telemarketing call during a tornado warning. Check.
    11. Re:How did they know? by Oligonicella · · Score: 2, Interesting

      The difference is in how you use the library card, since that is your example. Can you simply walk in and take books off the shelf to carry outside and read? No. He wasn't inside, remember?

    12. Re:How did they know? by TrebLib · · Score: 1

      "Just because somethings there doesnt mean you have an automatic right to usage" Very interesting arguement. As a bit of an aside from wireless ... I am not sure why people do not use this arguement when it comes to downloading things off of the internet such as music, movies, software, etc.

    13. Re:How did they know? by ImaLamer · · Score: 2, Interesting

      Illegal no...

      Against the rules? Yes. If the library, public library, has a rule against people using the wi-fi access outside the library's building... then sure they have that right to ask anyone who is breaking the rule to leave/stop using the wi-fi.

      It's not about laws, it's about rules. Even still, the access point is open to library patrons. You are not a patron for simply sitting in front of the building with your card in your pocket. Enter the library.

      I mean... should the whole neighborhood cancel their ISP subscriptions and run some sort of bridge to the "public" access point? I'm sure that wouldn't be okay.

      Just go inside, it isn't that hard. I argued in another post that it isn't okay for you to simply remove books from the library without checking them out... there is a protocol. Maybe they want you to sign something saying that you won't look at porn or something.

      Point is: it isn't a public access point. It belongs to the library. Look inside of a library book, it doesn't have the words: "Property of The People Of XXXXXX". It likely has this stamp: "Property of XXXXX Library".

      If you don't return a book, are you charged for it or do they say, "no bother, it's yours good citizen" ?

      The library has the right to restrict access if that means they can keep the program going. From a moral standpoint though I can't understand why the Priest doesn't see his actions as wrong.

      "I did notice several other open signals in the area -- am I allowed to connect to them?"

      What in your right mind makes you think you can? Because the system administrator came to you and said you could?

      I understand how cool it is to use an unsecured Wi-Fi signal, but morally it seems wrong. Legally, who cares.

      Well, I don't see the owner of these apples so I might as well eat one.

    14. Re:How did they know? by richie2000 · · Score: 4, Insightful
      Well, the GP's premise was "there are lots of hotspots where the owner wants to provide internet access to public areas outside of buildings". And your response was basically "you assume the owner doesn't want to provide access" and added a few irrelevant analogies. I claim they are irrelevant to both the specific example as outlined in TFA and also to the more general example "where the owner wants to provide internet access".

      Now, in the case where the owner DOES NOT want to provide internet access, it is fairly easy for him/her/it to refrain from doing so. If I don't want to slip and lie face down in a pool of mud, I simply walk around them. If I don't want to provide a public WiFi hotspot, I turn encryption on.

      If I want the public to sit on my bench, I put it in the park. If I don't want the public to sit on my bench, I put it in my back yard. It's not up to the public to magically read my mind or to stay off all benches everywhere; it's up to me to place the bench and any relevant signs so the public can deduce my intentions.

      --
      Money for nothing, pix for free
    15. Re:How did they know? by roadrunnerro · · Score: 3, Funny

      A WiFi-sniffing dog, obviously! I wonder if it does full 802.11a/b/g and if it has upgradable firmware...

    16. Re:How did they know? by Antique+Geekmeister · · Score: 3, Insightful

      I can understand the cop's confusion and inability to explain details of such regulations. There are way, way too many laws in place for a normal person to be able to cite chapter and verse of the actual statutes on every possible violation. But it's also easy to believe that a Secret Service agent gave them an extremely mistaken and civil-rights violating explanation of any applicable regulations, especially the Patriot Act. Remember, the Secret Service did the Sun Devil raids some years back and got their wrists slapped by the EFF and by Steve Jackson Games for those civil rights violations. They just don't get it when it comes to civil rights over "national security".

      Now, reading the article, this "priest" seems to make a real hobby of using other people's access points without their knowledge. Why can't he politely walk into the library and ask them if they mind if he uses it outside, preferably with the policeman in tow to help settle the issue? What the heck was this guy up to?

    17. Re:How did they know? by Bert64 · · Score: 1

      How do they visit that webpage without an IP? HTTP over raw ethernet frames?

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    18. Re:How did they know? by macdaddy357 · · Score: 2, Insightful

      If a cop tells you to stop doing something, and you don't, he can easily arrest you for "disorderly conduct", a catch-all that basically allows them to arrest anyone at any time. If you continue to argue, they can even throw in resisting arrest. The "freedom" that people go on and on about is just a buzzword. Mess with the man, and you will find yourself in a cage with bubba the booty buster, and suing afterward won't un-rape your ass.

      --
      How ya like dat?
    19. Re:How did they know? by Masami+Eiri · · Score: 1

      I think he likely meant something more along the lines of a forced splash page that appears when first getting on the network. I know Waypoint does this.

    20. Re:How did they know? by Chess_the_cat · · Score: 1
      Now, reading the article, this "priest" seems to make a real hobby of using other people's access points without their knowledge. Why can't he politely walk into the library and ask them if they mind if he uses it outside, preferably with the policeman in tow to help settle the issue? What the heck was this guy up to?

      If you read the submission you'll see that AKMA was using a public WiFi network outside of a library. The only difference is that he'd rather sit outside than inside. According to the cop the network can only be used from the inside of the building. Why? Is the library admitting that it shouldersurfs all users to make sure that they aren't as you put it "up to something?" Why is the library offering a free WiFi point at all in this case if they're so paranoid about people using it where they can't see them? If I were to bring my laptop into a bathroom would they stop me and make me leave it outside? They can't see me in there either. What if I'm in a study carrel or the piano practice room? Are they going to be periodically checking up on me and asking to see my screen? The library is the one who should be getting their shit straightened out.

      --
      Support the First Amendment. Read at -1
    21. Re:How did they know? by Anonymous Coward · · Score: 0

      The library was closed, he could not go inside. Nevertheless, they kept the wireless AP with an unencrypted signal running, handed out IP addresses and routed traffic to/from the internet. According to AKMA's blog, the library also operates an encrypted Wifi network, so it's safe to assume that they know how to keep people from using networks which they're not supposed to use.

      All these points increase the likelihood that the librarians actually want people to use the internet connection regardless of them being inside or outside (which is the only option when the library is closed). But it should not be necessary to argue like that. If I connect to your AP, I get nothing which you don't give me. If I get an IP address, it's because you have a DHCP server which gives it to me. If I can send IP packets to the internet and receive IP packets from the internet, it's because your AP routes them. I'm in a public area, your AP announces that it's awaiting connections, I connect, your AP agrees, provides my computer with an IP address and proceeds to route my data to and from the internet. If you don't want to provide internet access to me, DON'T.

    22. Re:How did they know? by Cederic · · Score: 1


      It's so easy to secure any WiFi connection that I automatically interpret unsecured ones as an invitation to connect.

      It's a bit like hosting a website on the Internet then complaining someone read your homepage.

      My next-door neighbour has a wireless access point. If he doesn't want me to connect to it then he can either secure it, or stop broadcasting its availability across my property.

      (In practice he's secured it, but also given me the access key. We get on fine. I'm too lazy to secure mine, so my wireless router is wide open to all and sundry.)

      ~Cederic

    23. Re:How did they know? by tobinibot · · Score: 5, Informative

      Read it again, he said the library was closed. Otherwise, he would have gone in to finish up.

    24. Re:How did they know? by richie2000 · · Score: 4, Insightful
      It's not about laws, it's about rules

      Is it the police's job to enforce public library rules? Do you expect uniformed policemen to knock on your door, asking for that overdue library book? BTW, there's nothing in the Nantucket Atheneum Internet Access Policy about restricting public WiFi AP use to the interior of the library.

      Enter the library.

      So why did they place a convenient bench just outside the library? Would it be OK to read a library book while sitting on that bench? Does the placement of the bench constitute entrapment?

      Point is: it isn't a public access point. It belongs to the library.

      Yes it is. And it's still safely sitting there, on its little shelf inside the library, happily blinking its little lights and routing its little packets. He didn't take it, you know. He simply used it. Just like one might use the bench outside, sit on a chair inside the library or - God forbid! - read a magazine inside the library without checking it out first. We really need to stomp out these heinous crimes against humanity!

      The library has the right to restrict access if that means they can keep the program going.

      Yes, they do. That's probably why their other AP was encrypted. I don't have a problem with that. But this AP wasn't encrypted. It was an open, public hotspot. Besides, even after he stopped using it, the cop still rousted him from the bench where he was sitting. In a public area. By your analogies, he could be accused of stealing the bench unless he carried it inside the library before sitting on it.

      Well, I don't see the owner of these apples so I might as well eat one.

      And here's another flawed analogy: What if the store puts out a box of apples and the sign "Unsellable old apples, minor cosmetic flaws, please help yourself". Might as well steal one. You really can't compare apples and bandwidth.

      Oh, and for your precious rules, check out http://www.ala.org/ . They should know, they wrote the book on the subject.

      --
      Money for nothing, pix for free
    25. Re:How did they know? by kabocox · · Score: 1

      It's not about laws, it's about rules. Even still, the access point is open to library patrons. You are not a patron for simply sitting in front of the building with your card in your pocket. Enter the library.

      As, I understood it, you are a library patron if you pay for the taxes or fees to support it. It has nothing to do with if I'm in the library or not.

      I argued in another post that it isn't okay for you to simply remove books from the library without checking them out.

      It's more like you are saying that you have to go pick out a book, check it out, read the book in the library, and then check the book back in after you are finished. Only super special reference material is usually treated in this manner. If I'm going to be reading a 300 year old book, that's one thing if I'm reading the latest Harry Potter, well, they'll let you take that out of library.

    26. Re:How did they know? by cdrudge · · Score: 4, Insightful

      You grant the IP on first contact, but firewall it from going anywhere except for the accpetance page. Once the necessary information is filled out and accepted, the webserver signals the firewall to release the port to general traffic.

      Many hotels, conference centers, etc do this. You just plug in your laptop and the first page that always comes up is some type of disclaimer then instructions how to setup/configure the connetion.

    27. Re:How did they know? by Shalda · · Score: 1

      As the law is written, it is essentially your responsibility to verify that you have permission to use the signal. How are YOU supposed to know if the access point owner does not want you to use the signal where it is technically available? Ask before using it. I don't lock the front door to my house, but that doesn't grant you permission to walk in and watch my television. Likewise with an access point. If I have an unsecured access point, it's not necessarily open for public use. Using it without permission can be a misdemeanor or felony depending on circumstances.

    28. Re:How did they know? by richie2000 · · Score: 2, Informative
      How are YOU supposed to know

      "Our reference book collection is complemented by online databases and free Internet access for our patrons." From the Nantucket Atheneum Website.

      --
      Money for nothing, pix for free
    29. Re:How did they know? by djsmiley · · Score: 1

      "I understand how cool it is to use an unsecured Wi-Fi signal,"

      Only a idiot would think it "cool" to use something unsecure as a wifi point open to all anyway
      (i know im offtopic and sorry.)

      --
      - http://www.milkme.co.uk
    30. Re:How did they know? by CountBrass · · Score: 1

      Let me highlight a relevant bit you seem to have missed...

      ...for our patrons."

      --
      Bad analogies are like waxing a monkey with a rainbow.
    31. Re:How did they know? by Anonymous Coward · · Score: 1, Interesting

      Not around Austin, TX (where I live), if you are talking about ones in businesses, not residential. Most of the ones intentionally placed for people to use here are free, not pay. Austin Wireless City and the Austin Wireless project are largely responsible for that being true, as they've provided expertise and equipment to make it possible.

    32. Re:How did they know? by Anonymous Coward · · Score: 0
      And in this particular case, the library could have turned off the WiFi when they closed their doors for the day. Instead, they left it powered up, handing out IPs and routing to the Internet.

      The simplest thing for the priest to do would be to say, "Yes officer, sorry for wasting your time," and walk away. If he was feeling ornery, he could have returned to the bench later with a book and no computer, practically begging the police to arrest him for reading in public...

      Whatever he did, the next time the library was open, he should go in and ask the head librarian to post a fucking big sign outside saying that the WiFi was for public use at all hours, citing relevant laws or city ordinances to back them up.

    33. Re:How did they know? by rjelks · · Score: 1

      It's not like the library is trying to use the service to gain customers. If they are offering free, public access, what difference would it make if he was inside or out? Maybe he was smoking.

    34. Re:How did they know? by linuxtelephony · · Score: 1

      WiFi networks are able to be secured. As someone else pointed out, there are several places where WiFi access points are configured to give public access outside in public areas.

      Bottom line, if the library, or anyone else, wants to restrict access to a wifi network, it is possible to do so without spending a lot of money. Enable the basic encryption, make people sign in and register, and redirect everyone else to a sign-on page or a no not use page. There are many ways to do this.

      Look at the commercial hot-spots. You connect, are sent to a pay/sign on page, pay/login, then you are connected. If the library wants to restrict users to the wifi, then enable some basic sign on method. I believe there are even specific linux distributions for access points like the linksys wrt54g (??) that do this for you.

      Some people do not realize they are running a public hotspot. Other people intentionally run a hot spot for the public to use. And still others run private access points.

      The private access points should be set up to secure access to authorized users. Failure to do so is their network admin's fault. Not the fault of a hapless user that just happens to connect to it when in range.

      Public wifi users in a new area that want to connect to the network will probably just tell their system to connect. They probably don't use sniffing systems or other "hacker tools" to try and get in. They just connect to the first access point that lets them connect and gives them internet access. That's the whole point of the WiFi technology.

      It's also in the unlicensed spectrum area where anyone may use the frequencies. Again, if someone doesn't want people on there, then restrict access.

      Unlike cell phone networks, where people used to clone working phones to get free service by basically faking authentication credentials, unsecured public wifi access points actively allow anyone to connect. There is no bypassing of security measures involved with public access points like that.

      For the record, people that go around connecting to access points and then start nosing through private filse or systems are still committing whatever computer trespass laws exist.

      Not for accessing the publicly accessable network, but for accessing computers that are not public. While the admins/owners of these computers are still at fault for not securing their machines, it is still a different situation.

      Having a wifi connection that extends into a public area is like having a stereo turned up loud enough for people outside to hear. People walking by may like the music and stop to listen for a while. Likewise, people with wifi equipment may find the signal and stop to use it for a while.

      --
      . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
    35. Re:How did they know? by rjelks · · Score: 1

      I think a more apt analogy was if your stereo was blasting music into the street outside your home. An unsecured AP is broadcasting a signal through public airwaves. In the stereo example, can I listen to the music on the street, or should I run away with my hands covering my ears? :) Really, there are quite a few public wifi projects in different cities around the world. If you don't at least put on WEP or Mac filtering, how can people tell the difference in a saturated area?

    36. Re:How did they know? by chrispycreeme · · Score: 2, Interesting

      I understand what you are saying is the law. I don't know if this is true or not but it seems like a silly law if it is. If your TV is on and your window is open opposite my front porch, am I not allowed to look at it? If the guys next door are blasting copyrighted music at full volume am I not allowed to listen to it? If they leave the porch light on am I not allowed to use the light to find my keys?

      It reminds me of the old story about the baker who is angry that his neighbors get to smell the bread baking without paying for it. He went to the judge and demanded that his neighbors pay for the bread they smelled. - It's just damn silly.

      If people don't want you to use their wifi they need to make it secure. Regardless of silly laws.

    37. Re:How did they know? by Anonymous Coward · · Score: 1, Insightful

      He was a patron. You don't have to be inside to be a patron. Duh.

    38. Re:How did they know? by DaPhilistine · · Score: 2, Informative

      Without wanting to directly offend anyone... There is one thing that seems to be duly forgotten here. Policemen don't know the law, if they did they'd be lawyers and get paid far more. The police are just there to arrest you and hand you over to the courts who deal with the real law. I've been arrested approx 20 times (petty stuff) in my life and never once charged because of this simple fact. My uncle however, is a barrister and does know the law, hence me never being charged.

    39. Re:How did they know? by gcaseye6677 · · Score: 1

      Regardless of the regulations, this cop simply had too much time on his hands. I'll bet if the priest was sending spam and said it was his constitutional free speech right to do so, the cop would have backed off.

    40. Re:How did they know? by Wiwi+Jumbo · · Score: 3, Insightful

      You are not a patron for simply sitting in front of the building with your card in your pocket.

      Um... why not?

      --
      Wiwi
      "I trust in my abilities,
      but I want more then they offer"
    41. Re:How did they know? by Anonymous Coward · · Score: 0
      Analogies are pointless. It's not trespassing for people to walk in my lawn unless I take measures to make it clear I don't want people.

      I agree that just because an access point isn't locked down hard doesn't mean you can use it. However, I see a DHCP request as asking permission and an IP address giving it. I know others don't agree, but I can't see it any other way. Yes, I still don't do it, because I don't like breaking laws, even stupid ones.

      It's very easy for people to connect to the wrong access point if it has DHCP enabled and no security measures are taken. I can't see why anyone would make a minor mistake that hurts no one into a federal crime.

    42. Re:How did they know? by runlvl0 · · Score: 1

      How did they know? A WiFi-sniffing dog, obviously!

      They have these, you know.

      --

      Carthago delenda est!
    43. Re:How did they know? by Om242 · · Score: 2, Interesting


      I work for Harris County Public Library which surrounds Houston, Texas. I work in the C.O. and we have 27 branches, 25 of which are WiFi capable. I should know... I designed them and implemented them using old computers in the back room for the gateways, linux and NoCat (www.nocat.net).

      That being said, I would like to comment on one of your statements:

      The library has the right to restrict access if that means they can keep the program going. From a moral standpoint though I can't understand why the Priest doesn't see his actions as wrong.

      Thats where I believe you are misinformed. Remember, the library is not a for-profit entity. Because of that, to get funding, we have to submit to the Commisioner numbers. How many books did we check out for the month? How many new borrowers? How many overdue? How many people used the computers inside the library?

      You know, stuff like that...

      Concerning the public wireless, all they want are hits. How many people use it? THe higher the number, the more legitimate that system becomes, and the more funding you get for it. Which is why here at HCPL, and I would hope there at the library in question, that they not only allow, but encourage people to use it, even when the library is closed.

      Why? Because thats a 'hit', and thats as good as a sale in the library business.

      ++John

    44. Re:How did they know? by The+Kiloman · · Score: 1

      If holding a library card and using their services doesn't make you a patron, then what does? Sounds like you're saying one can only be a patron while inside the building during businiess hours.

      A quick Google search shows that most libraries define a patron as 'a person that uses the library'. Not is using, but uses. Under this definition, any use of library services at any time would make me a patron. This includes use of technical services such as online catalogs, book reservation services, or wireless access; and not just now, but at any time in the past.

      So it looks to me like the very act of using the library's wireless network would assign to me the credentials necessary to do so.

      --
      You may disagree, but to be blunt, you're wrong. -tgd
    45. Re:How did they know? by Anonymous Coward · · Score: 0

      Could someone correct this moderation abuse? The parent comment is clearly not offtopic. (This one is)

    46. Re:How did they know? by metalligoth · · Score: 2, Insightful

      Can you simply walk in and take books off the shelf to carry outside and read? No.

      Um, have you ever heard of checking out a book? It's where you go to a library, present them with your card, and then leave with any book you want. If you desire, you can then read them on the public lawn outside the library.

      Because Wi-Fi doesn't need to be "checked out", this guy was simply skipping an unneccesary step. If it said in the Terms of Use that the Wi-Fi must be used indoors, then you might have a point.

    47. Re:How did they know? by Anonymous Coward · · Score: 0

      'scuse me?

      I understand how cool it is to use an unsecured Wi-Fi signal, but morally it seems wrong. Legally, who cares.

      Morally it seems wrong? Huh? I put this in the exactly the same category as someone who has the window in their house open and is playing music on the stereo, then decides to complain that people listening from outside should be buying their own CDs (note for future - RIAA plan for 2008).

      If you don't want people to hear the music, close the window (or in this case, turn the power down on the wireless access point, or enable encryption).

      So far as I'm concerned, unsecured wireless points are there for the taking, and I have no moral problems whatsoever about using one when they're available. Heck, when my DSL died because of a telco problem, my powerbook connected just fine with an unsecured linksys in my building, so I used their connection for a few days while mine was being restored.

    48. Re:How did they know? by sadler121 · · Score: 1

      ...for our patrons.

      And exactly WHO are the patrons of a PUBLIC library? The Public of course. Its the public that is paying for the Internet access hence why the library offers it open and unencrypted.

      Personally, if I where to use a public libaries AP outside, and a cop told me it was illegal I would 1) Goto the TOS of the Libray online and ask him where it says I can not sit outside the Libray (in this case the TOS does NOT say it is illgeal) and use its AP, and if that was not sufficent, then 2) I would look up the cities ordances online and ask him to show me which one says I can't use the Libraies AP online.

      If he wants to arrest me, then he can expect 1) to lose, and 2) at the very least a civil suit agienst him AND the city for harrassment.

    49. Re:How did they know? by Cliffy03 · · Score: 1
      In the stereo example, can I listen to the music on the street, or should I run away with my hands covering my ears?
      Don't give RIAA any ideas.
      --
      In Soviet Russia, Nigel makes plans for you!
    50. Re:How did they know? by richie2000 · · Score: 1
      Let me quote a bit of the library's FAQ for your education:

      4. I don't get into town much. How can I take advantage of the Atheneum?
      If you are homebound, the Atheneum offers free delivery of books, CDs, tapes and videos. For all cardholders, there is also direct access to the online databases of the Atheneum's reference services. Also, reference librarians are happy to respond to your questions by e-mail.

      Alas, you do not have to be sitting inside the building to be a patron of the Nantucket Atheneum. In fact, you can be thousands of miles away and still receive helpful responses from the library's trained staff. So why, pray tell, would the bench right outside be off-limits for card-carrying patron priests?

      --
      Money for nothing, pix for free
    51. Re:How did they know? by ImaLamer · · Score: 1

      "The library was closed at the time, or else I'd have gone ahead in to finish my surfing."


      Hrmm... library is closed? Means the services they provide are as well I believe.

    52. Re:How did they know? by shotfeel · · Score: 1

      I'm just guessing here, but many libraries that offer free, public access only do so if you agree to certain restrictions. The restrictions generally being that you won't use it to do anything illegal. Requiring patrons to be inside is one way of making sure users have agreed to those restrictions.

      Not saying this is the best way, or even the reasoning in this case. Just saying there are "logical" reasons for policies like this.

    53. Re:How did they know? by shotfeel · · Score: 1

      Its free as in beer...

      Doesn't mean there aren't restrictions on its use.

    54. Re:How did they know? by Anonymous Coward · · Score: 0

      Gee, I hope people who have checked out books aren't reading them while the library is closed!

    55. Re:How did they know? by Thomas+Shaddack · · Score: 1
      The police are just there to arrest you and hand you over to the courts who deal with the real law.

      <paranoia>Is it possible the police department is cashing a commission for every arrest from the defense lawyers?</paranoia>

    56. Re:How did they know? by GSloop · · Score: 1

      Oh, so don't return any books than. They're closed. They don't offer any services!

      Don't use their internet site either.

      This is such BS!

      DHCP is the equivalent of my asking for a book at a public library. I ask for an IP *lease*.

      The DHCP server decides if it should grant it to me. Further, the FW decides what to do with my packets.

      I doubt that any court in the land is going to accept that open WiFi systems are closed by default. Any serious argument and decent legal team is going to mow down that whole thing.

      It may technically be against the law, but the DHCP transaction has all the elements of "request" and "acceptance" needed to have explicit permission.

      I (my pc) asked, you (your AP) responded and gave me permission (an IP that isn't firewalled.)

      With this kind of stupid law, it could be illegal for me to use your drinking fountain outside your business - which is open to the public - *even if you ask!*

      Common sense hasn't been applied here.

      Cheers,
      Greg

    57. Re:How did they know? by Anonymous Coward · · Score: 0

      Actually, in my wife's home town (willow springs mo) it is a common occurrence for the police to come to your house to collect over due library books. They have nothing better to do with their time, so why not?

    58. Re:How did they know? by Ioldanach · · Score: 1
      You cite:
      "Our reference book collection is complemented by online databases and free Internet access for our patrons."

      However, the list also includes:

      8. Users must sign up to use the Internet on a next-available-terminal basis. Terminals will not be "reserved" for persons who are not in the immediate vicinity when their name is called, and telephone reservations will not be taken.

      And makes no mention of wireless access. Nowhere is there a listing in the AUP of wireless service, and all of the regulations point towards use being limited to the provided terminals. It therefore stands to reason that the wifi network is an internal system not intended for the public, and therefore not a public wifi point.

      That brings us back to the argument of whether a open but private wifi point can be used by anyone.

    59. Re:How did they know? by Sj0 · · Score: 1

      I've always figured that an open wireless point, which will allow you to associate automatically with you and give you an IP address, is de facto express permission to use it. Here this device is, going "hey everyone! associate with me! I've got free internet!", and automatically setting up any device in range. It's like a house with an open door and a sign saying "free pizza"--The invitation is there, it absolutely shouldn't be illegal when your device automatically accepts it.

      --
      It's been a long time.
    60. Re:How did they know? by mwood · · Score: 1

      How do you know if it's okay to use someone's wireless network? When he tells you it's okay. Same as whether it's okay to use someone else's car -- the fact that it's possible does not imply that it is permitted.

      If the owner is "the public", the rule stands. Does "the public" permit your intended use of the public facility? If so, go for it; if such use is prohibited, ya better not. In the case of a public library, the library's administrators may make such policy unless the city/state/whatever government to whom they report choose to make policy. (And if you disagree with the public entity making the policy, you can always vote for someone who will make policy your way.)

    61. Re:How did they know? by richie2000 · · Score: 1
      Hrmm... library is closed? Means the services they provide are as well I believe.

      You would believe wrong.

      4. I don't get into town much. How can I take advantage of the Atheneum?
      If you are homebound, the Atheneum offers free delivery of books, CDs, tapes and videos. For all cardholders, there is also direct access to the online databases of the Atheneum's reference services. Also, reference librarians are happy to respond to your questions by e-mail.

      YOU ARE ALWAYS WELCOME.

      And, viewing their website isn't limited to office hours, is it? You're just being difficult.

      Furthermore, the ALA has this to say:

      Because libraries offer free access to all, they bring opportunity to all.

      Intellectual Freedom is the right of every individual to both seek and receive information from all points of view without restriction.

      The E-rate has played a pivotal role in helping libraries connect their users to the Internet. Today more than 95% of our nation's libraries offer Internet access to the public.

      Research shows that for people without Internet access at home, school or work, public libraries are the number one point of access.

      But no, let's lock down the library!

      --
      Money for nothing, pix for free
    62. Re:How did they know? by richie2000 · · Score: 1
      Doesn't mean there aren't restrictions on its use.

      Oh, there are. You're not allowed to crack restricted networks, and the like. It's in their Internet Access Policy, on their website. No mention about not being able to sit outside and use their open, public AP, though. And no mention of a federal law making it illegal either. Odd, that.

      --
      Money for nothing, pix for free
    63. Re:How did they know? by mwood · · Score: 1

      "How do they visit that webpage without an IP? HTTP over raw ethernet frames?"

      Here, the leased address is initially firewalled such that you can only reach that web server. Once you provide acceptable credentials, the firewall is reconfigured to pass you to anywhere.

      That said, I'll also note that we specifically configured extra APs so that the area between buildings would be covered. Anyone saying that an authorized user is not permitted to use *our* network outside would be wrong.

    64. Re:How did they know? by Agent__Smith · · Score: 0

      You would think that /.ers of all people would get the concept that you don't have to be inside the bricks and mortar to be a patron... How many businesses and organizations don't even have a physical location anymore? I patronize e-bay all the time, but I have never been to any physical location...

      --
      "It seems that we are at the age where life stops giving us things, and starts taking them away..." Indiana Jones
    65. Re:How did they know? by Bert64 · · Score: 1

      Actually a lot of access points work this way, but they will resolve dns queries and any IP you try to connect to will get transparently proxied to their signup page...
      The thing is, DNS works.. so you can tunnel over dns!

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    66. Re:How did they know? by mwood · · Score: 1

      Um, my recollection is that the article didn't say whether it was a *public* library, didn't say whether the wireless was provided for patrons or only for staff, and didn't say whether outside use was expressly forbidden by library policy.

    67. Re:How did they know? by mwood · · Score: 1

      *Does* AKMA have a library card? We don't know. I presume that any literate citizen would have one, but the article doesn't say.

    68. Re:How did they know? by richie2000 · · Score: 4, Insightful
      It therefore stands to reason that the wifi network is an internal system not intended for the public, and therefore not a public wifi point.

      Nope. The internal terminals are all wired, but even if they had been wireless, surely they would have been hooked up to the encrypted AP that the library operates side-by-side with the open AP? It stands to reason that the encrypted AP is the internal network while the unencrypted AP is a public hotspot.

      That brings us back to the argument of whether a open but private wifi point can be used by anyone.

      Not really. It brings us to the argument of whether an open wifi point can be considered private. I claim that established protocol says it's public. Reason being is that it's impossible for a casual observer to distinguish between a public hotspot knowingly offered as a service to the public and a "private" AP that just hasn't been secured, especially if distance from the AP becomes a factor (ie "this AP is public up to this point, but private if you cross this line/wall/door/road/imaginary boundary in the air"). If you make it theft of signal to use an unencrypted AP you are making criminals out of regular Joes which is a bad idea for any law, rule or protocol. I applaud efforts to rename public hotspots to name.public, but until that becomes established protocol, we'd better go with the flow. The jails are already full.

      What if he'd been using the WiFi inside the building, placed his still running TiBook in his bag and walked out? Would he become a criminal at the door? It just doesn't wash.

      --
      Money for nothing, pix for free
    69. Re:How did they know? by mwood · · Score: 1

      An important point: "public" doesn't mean that *anyone* can decide what's right; it means *everyone* decides, together, what is right and we all abide by the collective decision.

    70. Re:How did they know? by shotfeel · · Score: 1

      Maybe not if you have to be standing on his front step to be able to hear the music.

      But since you said "street outside" I'd agree. IIRC anything that goes throught he airways is fair game for you to catch -which is why satellite providers encrypt data. A question may arise however when you're not just receiving, but also broadcasting.

    71. Re:How did they know? by Sj0 · · Score: 1

      I bet if he was sending "increase the size of your penis naturally using faith in Jesus", he could have applied for federal funding. ;)

      --
      It's been a long time.
    72. Re:How did they know? by Ioldanach · · Score: 1
      The internal terminals are all wired, but even if they had been wireless, surely they would have been hooked up to the encrypted AP that the library operates side-by-side with the open AP?

      Since I can find no information on the library's website indicating the availability of a public wifi station, I feel I have insufficient information on this. Since all of the information on the library's website points to the provided terminals as the sole internet access method, and comments here indicate that there is also an encrypted library wifi, there are 2 options. First, the open wifi is intended to be used by the public and notices are posted in the library. Second, the open wifi is on the library's network unintentionally, either because an employee plugged it in or because there was an unintentional failure to secure it.

      Lacking evidence of the first I tend to lean toward the second.

      Not really. It brings us to the argument of whether an open wifi point can be considered private.

      That's the same argument, by "private" I was referring to a something not intended to be used by the public, and the argument is whether anyone should be allowed to use it, i.e., intended versus effective status.

    73. Re:How did they know? by trentblase · · Score: 1

      Yeah, but in many cases people don't know that their gateway is broadcasting the "free internet" sign by default. It's more like buying a pizza and as the delivery guy leaves he slaps a "free pizza" sign on your door when you're not looking.

    74. Re:How did they know? by mwood · · Score: 1

      If 1000 people gather outside your house to listen to your stereo, you don't have to go buy bigger speakers just to continue listening because they have used up all the available audio output.

      OTOH if 1000 people gather around a hotspot feeding a single DSL link, you may need another line to support them all. (You may need quite a bit more that that to support them all.) And ISPs aren't giving it away, even to public libraries.

    75. Re:How did they know? by cayenne8 · · Score: 1
      "*Does* AKMA have a library card? We don't know. I presume that any literate citizen would have one, but the article doesn't say."

      Well, you don't need a library card to go in and read books all day. So, you 'can' be a patron, and not have a card.

      That being said....as a youngster, I used to have a library card...checked out tons of books each week. But, as an adult, I've not been in a library in decades. I find I don't need to though...I read constantly for work, both from books and the internet. I buy books to read for pleasure at home or vacation, etc. So, not every literate citizen needs to go to a library...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    76. Re:How did they know? by Anonymous Coward · · Score: 0

      Sorry, I got sloppy explaining that. Yeah, exactly what the others said.

      /not enough coffee

    77. Re:How did they know? by shotfeel · · Score: 1

      So if your neighbor leaves his door unlocked, its OK to just walk into the house too?

      As someone earlier pointed out, there's a difference between law, rules and etiquette. Generally speaking people don't assume if something is not locked up its OK to just take it or use it. If someone doesn't lock up there bike, is it OK to take it for a ride? Or would etiquette (if not the law in this case) require you ask first? (yes I know is some areas in some countries an unlocked bike is actually available for public use) Why is wireless access any different?

      I was always taught that any time you use something that doesn't belong to you, you must first ask permission. I really don't understand why some people don't think this concept applies to WiFi - or maybe they do believe if its not locked down its mine for the taking.

      Now if we get back to this specific case, it does get a bit muddier because its a public resource being used, but I'd argue the same applies from an etiquette (but maybe not a legal) standpoint.

    78. Re:How did they know? by C10H14N2 · · Score: 1

      Oh yeah, he sounds like a really suspicious guy. Visiting relatives in another town, so he goes to a public library to use a public WiFi connection.

      -->Insert Suspicious, Crime-Fighting Music Here--

      And what's with putting priest in quotes? Could you be any MORE condescending? You might as well refer to the following a "academic" "achievements":

      Professor of New Testament
      B.A., Bowdoin College
      M.Div., Yale Divinity School
      S.T.M.. Yale Divinity School
      Ph.D., Duke University

      Seriously, you can't be fscking serious... please, please say you were joking.

    79. Re:How did they know? by shotfeel · · Score: 1

      s it the police's job to enforce public library rules? Do you expect uniformed policemen to knock on your door, asking for that overdue library book?

      Possibly yes. At some point refusal to return the book or pay the fines (following the rules) turns into theft (a crime). But that's not relavent in this case.

      It was an open, public hotspot.

      Was it? OK, technically yes. My question is, has anyone seen an open, public hotspot that's meant to be used by anybody who wants, that isn't posted as such? I haven't.

    80. Re:How did they know? by shotfeel · · Score: 1

      "It's more like you are saying..."

      No. He's simply saying that you have to follow the rules, whatever they are. The library owns the ball. You want to play with the ball, you play by their rules or they can refuse to let you play with the ball.

      Its that simple.

      If the library says you can only read their Harry Potter book in a climate controlled reading room while wearing latex gloves and a surgical mask, that's what you have to do if you want to read their book. Doesn't matter if you think its reasonable or not.

      In this particular case though, I don't know that any of us know exactly what the library's rules are (I know I don't). I'm not even sure the police officer in question knows what the library's rules are.

    81. Re:How did they know? by micromoog · · Score: 1
      As long as we're extending this bad analogy, it's actually more like he puts the "free pizza" sign on the door while you watch, and explains to you that there's a "free pizza" sign on the door, and that unless you remove it, people are going to show up for pizza.

      Installing network devices without reading the instructions is unforgivable these days.

    82. Re:How did they know? by shotfeel · · Score: 1

      WiFi networks are able to be secured. As someone else pointed out, there are several places where WiFi access points are configured to give public access outside in public areas.

      And in my experience these areas are always posted, which gives you explicit permission.

      IMO using any WIFI hotspot without permission is like walking through someones front door if its not locked and sitting in their living room (though the latter is explicitly illegal).

      Having a wifi connection that extends into a public area is like having a stereo turned up loud enough for people outside to hear.

      No, what you're advocating is walking up with a transmitter tuned to the frequency they're using so that you can hijack the stereo to play your music. When you're linked, you're not just passively receiving a signal, you're sending one too.

    83. Re:How did they know? by gryphokk · · Score: 2, Interesting
      "It reminds me of the old story about the baker who is angry that his neighbors get to smell the bread baking without paying for it. He went to the judge and demanded that his neighbors pay for the bread they smelled. - It's just damn silly."


      And the Judge instructed the defendant to take all of his money out of his pockets.

      "But your honor..." the defendant protested, but complied.

      "Now," the judge continued, "pour the coins form one hand into the other and back again."

      The defendant did as he was instructed. The baker looked greedily at the tenant's meager coins.

      The judge then spoke to the baker "This is my just ruling: As your neighbor has enjoyed the smell of your bread, so have you now enjoyed the sound of his money. You have been paid in full."

      Retold to the best of my recollection from a children's book "Ookah the Wise," which may or may not have been old Japanese folk tales.
      --
      And you, madam, are very ugly. In the morning, I shall be sober.
    84. Re:How did they know? by Anonymous Coward · · Score: 0

      A public hotspot has to actively perform several steps to provide internet access:

      • It has to announce its service (beacon frames), or it won't be found without special "debugging" software.
      • It has to accept association requests.
      • It has to hand out an IP address (DHCP) and router information or the client can only guess which of the several thousand possible networks will be NATed/routed (although guessing right isn't hard, it is not automatic).
      • It has to route the packets.
      Each of these steps offers ways to make clear that you're not connecting to a public hotspot.

      If people put up "free beverage" signs on their front lawn, showed interested passerbys the way to their living room and actually gave them free beverages, the passerbys would turn into guests and would most certainly not be guilty of trespass.

    85. Re:How did they know? by Exocet · · Score: 1

      It's called "NoCatAuth". Read more here or here.

      Pro|Structure of Portland, OR has two guys that have got Linux running on, I believe, a Linksys WRT54G. NoCatAuth is included. Otherwise, if you feel slightly more adventureous, you can install Linux on an old laptop (I used an old P2 Compaq) with a wireless NIC and a wired connection and, viola (aka a lot of time and configuration later) you have wireless.

      --
      Exocet Industries - Taking over the world, one computer at a
    86. Re:How did they know? by boijames · · Score: 1
      Wasnt this method patented some time ago?

      It's obvious technology, yes, but what ever happened to that thread?

    87. Re:How did they know? by ultranova · · Score: 1

      IIRC anything that goes throught he airways is fair game for you to catch -which is why satellite providers encrypt data. A question may arise however when you're not just receiving, but also broadcasting.

      If you have a right to send radio ways my direction, then why wouldn't I be allowed to send radio waves to your direction ? They are conforming to all the regulations concerning communication over radio spectrum, after all...

      Why should I go out of my way just to avoid accidentally stepping on peoples property, if they insist on laying it on the sidewalk ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    88. Re:How did they know? by 1u3hr · · Score: 2, Funny
      and, viola (aka a lot of time and configuration later) you have wireless.

      A viola, being a stringed instrument, would be rather useless if wireless. You probably mean "voilà".

    89. Re:How did they know? by zurab · · Score: 1
      If I want the public to sit on my bench, I put it in the park. If I don't want the public to sit on my bench, I put it in my back yard. It's not up to the public to magically read my mind or to stay off all benches everywhere; it's up to me to place the bench and any relevant signs so the public can deduce my intentions.

      It's dangerous to start down this road of analogies. There's always someone who will come along and say - what if you unintentionally left your folding chair or a bike in the park, can someone assume that you left it for public use and steal it? Comparing the use of AP signal to stealing tangible things is much worse than comparing apples and oranges.

      One thing to keep in mind is that AP broadcasts its signal outside to the public who can reach it. The broadcasted signal itself is public, but equipment is owned by someone. If the owner of the equipment did not intend to make the said equipment available for public use, and left the AP unsecured, then if you use the AP, you'd be using that property without the owner's permission. That said, I don't see how this can be illegal.

      We use others' properties without permission all the time every day. Do you visit websites that only have EULAs and AUPs that explicitly grant you permission to look at their website under certain conditions? Consider that if you visit websites that do not grant an explicit permission to use then the owner may not want you to use his/her equipment (leased or owned) and bandwidth. You'd be effectively "stealing" this stuff. But then, you will say, if they don't want public to access their website contents, they should not put it up, or they should secure it by requiring authentication.

      Both - websites and APs make their availability public knowledge. Both should secure whatever is not meant to be used by public. And "secure" in this case does not mean make it "unbreakable"; that may be impossible. But secure in a way that tells people that it is intended for members or private use and not open to general use.

      One excuse that is often used is that people do not know how to do this, so they leave their AP open for anyone's use. Sorry, but the same thing happens to people who do not know how to set up authentication on their website and put their private documents there. In other words, at some point, you have to know what you are doing, or ask someone who does.

      Finally, there will be some more ignorant people that will say - oh, but all websites are meant to be public, and all APs are meant to be private. Of course, that's wrong - there are countless number of websites that keep use and information for certain members and/or owners only (how about this one you are reading right now), and countless number of APs that are used for public access.
    90. Re:How did they know? by 1u3hr · · Score: 1
      Hrmm... library is closed? Means the services they provide are as well I believe.

      So I shouldn't use my public library's online catalogue/reservation/loan extension service except in "open" hours? Or more absurdly, am I not allowed to read books I've borrowed except at these times? Libraries are closed at all only because it costs money to have staff present, not because they want to restrict their services. Automated services can and do run 24/7.

    91. Re:How did they know? by shotfeel · · Score: 1

      I could make a similar argument for an unlocked door. It has all these features made explicitly to facilitate opening the door to walk in.

      I also don't buy the "free beverage" analogy as given. I still think its like everyone expecting free beverages unless there's a sign that says "No Free Beverages". After all, there's that unlocked door there, and we know everyone has beverages in there house.

      I guess the bottom line is I think its bad form (not necessarily illegal) to use WiFi access without explicit permission. Others think its OK unless permission is explicity denied.

    92. Re:How did they know? by SilentChris · · Score: 1

      One problem: most public libraries are actually funded by local taxpayers. That's why you need a card (to prove you're from that area). If some guy comes from another town over and uses the wi-fi that my town paid for, I'd be pretty cheesed. Also, it's possibly illegal.

    93. Re:How did they know? by 1u3hr · · Score: 1
      IMO using any WIFI hotspot without permission is like walking through someones front door if its not locked and sitting in their living room (though the latter is explicitly illegal).

      A terrible analogy. Going into someone's home involves issues of privacy, potential violence, etc. If you must analogise, how's this: in a town where local calls are free, someone has left a phone connected outside his front gate. Passers-by just walk up and use it. (Actually, you see this a lot in Hong Kong, many shops have a phone extension at the front, or even on the outside wall. Less prevalent now with the ubiquity of cellphones.)

    94. Re:How did they know? by 1u3hr · · Score: 1
      OTOH if 1000 people gather around a hotspot feeding a single DSL link, you may need another line to support them all.

      Or they can just let the level of service degrade. Freeloading users can't demand any minimum standard.

    95. Re:How did they know? by jc42 · · Score: 1

      If I want the public to sit on my bench, I put it in the park. If I don't want the public to sit on my bench, I put it in my back yard.

      Well, maybe. But if I were to put a bench next to the sidewalk in front of my house, and tried to sue people who sat on it, I'd expect that any court would fine me, not the person who sat on it.

      An open wifi AP is every bit as much of a public invitation. There might be obvious problems with abuse, as there would be if someone were to damage my bench. But just sitting on a bench next to a public way would be reasonable and expected use. I'd think that using an open AP would also be reasonable and expected.

      The phenomenon of public wifi is slowly spreading. We don't want a situation where we all get used to using them just like we use the cell-phone system, and then find ourselves arrested because a single AP out of thousands was secretly labelled "private". That should be considered an obvious case of entrapment, and the perpetrator of such an open AP should be the criminal, not the innocent bypasser.

      We really don't want to become criminals just by walking down the sidewalk doing things that everyone else is doing openly.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    96. Re:How did they know? by Anonymous Coward · · Score: 0

      You'd still have to look around the house to find the beverages, and that's one of the steps where the AP can say "no go". No internet connection without an IP address and a route.

      It's really quite simple. The protocols were designed to facilitate automatic connections, but they also provide ways to prevent unauthorized access. If I don't want to connect to random wireless networks, I can tell my computer to stop doing that. If you don't want random strangers to connect to your wireless network, you can tell your AP to deny them access. If I use my computer in a convenient configuration (connect if you can) and you use your AP in a convenient configuration (allow connections from everyone), then who is at fault when the machines make it work like they're told? Don't tell me I can't have my computer configured that way so that you can stay lazy, because, if your AP is that promiscuous, chances are your computer is configured to be just as unselective. I swear, if I ever get hassled over connecting to an unsecured wireless network, I'm going to take my AP on the road and sue anyone who connects from inside their homes.

      Then there's another important point: Suppose you *want* to provide automatic free internet access to anyone in range. How would you do that if people were supposed to stop connecting to APs which announce their service, provide IP addresses and route to/from the internet? There really is no alternative to treating AP which provide service to anyone as public hotspots.

    97. Re:How did they know? by linuxtelephony · · Score: 1

      Actually, no, your not hijacking the stereo to play your music because your listening to the music being played does not change what the owner of the stereo is listening to.

      And, it is not the same as walking into a house with an unlocked door. To enter a house with a locked door, you still have to OPEN the door. Connecting to WiFi networks, where there are multiple signals, is often as easy as being presented with a list and clicking on one. Or, perhaps the strongest signal is tried first.

      Even my example above is flawed. The article/blog had a better one. Suppose a house has an outdoor security light that is on at night. Suppose there is a nearby bench that happens to be under part of the light. Nothing is wrong with sitting on the bench and, for example, reading a book or newspaper, from the light. The light is broadcast to a public area and you are using what is broadcast.

      Some argue that because WiFi sends a signal back that it is entirely different, but they are wrong. Sending a signal back THAT IS ACCEPTED by the other end is part of the protocol that makes WiFi work. WiFi is becoming more pervasive every year. There are not always signs for EVERYONE in an access point's coverage area to see.

      WiFi networks, by their very nature, are permissive, meaning, if there is one operating, it wants to be used by any devices that are within range. It advertises itself to the public, telling others "Here I am, use me!"

      WiFi networks may be secured to make the NOT be permissive. When they are secured in such a way, and THEN someone figures out how to circumvent that security, then there is a case for illegal usage.

      Using your example above, using a public wifi is not like someone walking into a house with an unlocked door, it is more like someone walking into a public area, such as a shopping mall, while the mall doors are unlocked and allowing people to enter.

      --
      . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
    98. Re:How did they know? by linuxtelephony · · Score: 1

      Not a very valid argument, unless you had the owner of the house putting a sign out front saying "Unlocked door".

      WiFi access points ADVERTISE their existance, like a sign in the yard. The mere existance of an access point is just like the presence of the door. It doesn't mean anything.

      Keep in mind, I'm talking about casual use, and not someone with tools to sniff and find the hidden identity of access points that are configured not to advertise, and then connecting to them. That would be, like the example, equivalent to someone walking up to every door and trying the lock until he finds one that is open.

      --
      . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
    99. Re:How did they know? by Exocet · · Score: 2, Funny

      Hmmm. You are correct. Perhaps the viola could be wirelessly mic'd? Perhaps I'd better quit before the hole hits china.

      --
      Exocet Industries - Taking over the world, one computer at a
    100. Re:How did they know? by Anonymous Coward · · Score: 0

      As far as the analogy goes, the door is sufficient. It tells the client, who scans the surroundings with his eyes, that there is a way to enter that building. Wireless APs don't advertise the internet connection, just that there is a network you can connect to (a building you can enter).

      Anyway, sooner or later all analogies fall apart because they're not the real thing, just analogies. Analogies between the computer world and the real world are sometimes useful to provide a better understanding of the way computers do what they do, but they rarely do a good job at solving legal controversies. The problem at hand is a particularly bad analogy candidate because it is precisely the *relation* between the real and the virtual world that creates the problem. I think most people here know how wireless networks work and how real people secure access to their homes, so that is not the issue. What we need to figure out is this: The machines act the way we make them act. Do they act on our behalf? When a doctor's AP (by design) accepts connections from everyone and he's not aware of that feature, is he still responsible if someone downloads his patients' data? If he's not, who is? When an accountant posts the company's salary list on the web and instead of setting up password protection (which he doesn't know how to do) he just uses a long and "secret" URL, which Google (and thus a competitor) eventually finds, then who is responsible? In both cases the machines work as designed. In both cases the user could have easily prevented the leak. The matter becomes even more complicated when the systems work in ways which can't reasonably be expected, like in the case of worm attacks or simple bugs.

      The question is: Do we want the completion of the connection protocol to be an expression of the intentions of the owners, and what intentions would that be? In my opinion there are good reasons to accept the behaviour of an open network as a permission (by the owner) to use it. Seeing it differently removes options from people who want to provide open networks, and unnecessarily so, because those who do not want to provide public access have abundant means to keep strangers out.

    101. Re:How did they know? by Anonymous Coward · · Score: 0

      In a place where red, unlocked bikes with green spokes are known to be public property which anyone can use to get around town, you would have to make sure that your bike is not red with green spokes and unlocked, or it would get "stolen" and people would laugh at you if you complained. An access point which acts exactly like a public access point (of which there are many) will be treated like a public access point and I see no reason why it should be any other way, especially when you can easily make it look different. You don't even have to buy a bucket of paint.

    102. Re:How did they know? by ultranova · · Score: 1

      Against the rules? Yes. If the library, public library, has a rule against people using the wi-fi access outside the library's building... then sure they have that right to ask anyone who is breaking the rule to leave/stop using the wi-fi.

      A clarification: anyone has a right to ask anything from anyone else with some very few exceptions (such as asking for sex from children). However, those others don't have any obligation to obey, unless the law specifically states otherwise.

      The librarian's authority stops at the door to the library; it does not extend to people sitting or standing outside.

      It's not about laws, it's about rules. Even still, the access point is open to library patrons. You are not a patron for simply sitting in front of the building with your card in your pocket. Enter the library.

      You are a library patron if you use the librarys services. If the wireless network is such a service, then using it automatically makes you a patron, and therefore gives you a right to use it.

      Furthermore, anyone who has a library card to some library must have used that library's services at least once (to obtain the card), making them a patron. So yes, if you have your library card in your pocket, you are a patron by definition.

      Just go inside, it isn't that hard. I argued in another post that it isn't okay for you to simply remove books from the library without checking them out... there is a protocol.

      That protocol exists to make sure that the other co-owners of the library books (the other members of the public) won't be deprived of their property. In other words, they exist to keep you from stealing something which you only partially own.

      Since it is rather hard to walk away with the Wi-Fi signal in your pocket, I fail to see any reason to use similar procedures in handling access to it.

      Furthermore, if it is possible to steal a Wi-Fi signal, then this library has been extremely negligent in their handling of this public property, leaving it where anyone can steal it.

      Maybe they want you to sign something saying that you won't look at porn or something.

      I do not think it is any business of the library to try to limit what I can and cannot look at. The library exists to serve the public by acting as a source of information and entertainment. Censorship of any kind is in direct contradiction of this goal.

      Sadly, my local library indeed has such a rule; and, of course, they try to justify it by referring to children, which is completely absurd since the library has separate machines for children and adults and has several pieces of what I can only describe as hard porn in its collection.

      Oh well, I'm studying to become a librarian, so maybe I can do something about this someday.

      I mean... should the whole neighborhood cancel their ISP subscriptions and run some sort of bridge to the "public" access point? I'm sure that wouldn't be okay.

      Actually, this is a pretty good idea. The libraries usually have Internet access, and one of their functions (at least here in Finland) is to let the public into the Internet. Using libraries as hubs in a public Wi-Fi network would certainly advance this task.

      Of course it would demand a firewall to keep the library's internal data systems secure and to reserve bandwith for inter-library communication, but those are technical problems.

      I thank you for your idea, and shall keep it in mind, to try and get it implemented at first opportunity.

      Hmm... What I'd really like to see is a wireless global Internet, made by millions of open relays operated by ordinary citizens, allowing IP packets to travel from wireless hub to wireless hub, from house to house. The current system of big ISPs is just too vulnerable to censorship...

      Obviously, oceans and latency wo

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    103. Re:How did they know? by chrispycreeme · · Score: 1

      Thanks. I couldn't remember where that story came from. I knew the gist of it but it didn't really fit my point so I left out the ending. You did a much better job telling it anyway.

    104. Re:How did they know? by richie2000 · · Score: 1
      The Nantucket library charges you $15 for a card if you're from outta town. That little fact right there pretty much kills your argument dead in the water. Not only is it perfectly legal for anyone, from any country in the world, to walk in, get a library card and check out a book, they can also use the library's toilet, read a book (even without a card) or magazine on the premises, talk to a friendly librarian and chat up the cute girl in the cafeteria. Hallmark terrorist activites, all of them! The illegal bit only comes in when someone tries to monitor someone elses activities in a public library. Perhaps you need to look up the word "public". Try going to the library and look it up. In another state. Go on, they won't arrest you. Trust me on this.

      But I'll just have one more shot at this little error:

      That's why you need a card (to prove you're from that area).

      No, you need the card to check out a book. So they can keep track of the book. Not you. The book. Again, it's actually illegal in the US to keep track of you and your reading habits unless you're the FBI. The library card is not proof that you're from a specific area. In Soviet Russia, travel documents tracked you! In the rest of the world, you actually don't need to stay in your state-appointed region to use the local library.

      BTW, do you get a lot of that where you live? People coming in from the other town and using up your services? Maybe walking on your sidewalks, driving on your roads? Possibly even going for a walk in your park? Jail is too good for that kind of criminal mastermind - kill them I say! Teach the commie bastards a lesson! Leeching off your public property... Sheesh, the nerve of some people. Better stay at home and stack up on shotgun shells, you never know when one of Them might come wandering by, wilfully admiring Your personal hard-earned view of the bestest trailer park in the world.

      --
      Money for nothing, pix for free
    105. Re:How did they know? by richie2000 · · Score: 1

      +10 Insightful. 'Nuff said.

      --
      Money for nothing, pix for free
    106. Re:How did they know? by fizbin · · Score: 1

      I know of no public library (as opposed to libraries associated with schools and universities, publicly funded or not) in the US that requires one to present a card to enter the building, or to pick a book off the shelf and read it while in the library. Presumably, if wi-fi access is offered to those inside the library, there'd be no card check if I brought in my own laptop, put it on a table, and started using the in-library wireless. (Even if I was one of those nasty out of town types)

    107. Re:How did they know? by Anonymous Coward · · Score: 0

      lol...like the alexis park (defcon). I guess you do have to 'see' the web page that then causes money to be charged to your room if you 'accept'. But, the address is a different netblock than what you got via DHCP...interesting. Assign yourself an address on *that* netblock. Guess what charge did not show up on pretty much anybody's bill who stayed at the alexis (if it did, they really don't belong at defcon, methinks).

    108. Re:How did they know? by richie2000 · · Score: 1

      +12 Insightful. Damn, I'm running out of virtual modpoints here!

      --
      Money for nothing, pix for free
    109. Re:How did they know? by richie2000 · · Score: 1
      First, the open wifi is intended to be used by the public and notices are posted in the library.

      Yes? They put up notes after this incident detailing new opening hours for their open, public WiFi hotspot. You really didn't read the article, did you? It's OK, it seems almost no one else did either - after all, this is Slashdot.

      --
      Money for nothing, pix for free
    110. Re:How did they know? by richie2000 · · Score: 1
      My question is, has anyone seen an open, public hotspot that's meant to be used by anybody who wants, that isn't posted as such? I haven't.

      Come on over. I run one from my home and have installed another with three D-Link APs in a theatre in town that services the conference rooms, lobby and town square. Public, open, meant to be used by the public who happens to notice them. The theatre one is good PR for the theatre and the bandwidth consumed by passers-by is negligible. Somehow, the tents with leeching masses of bandwidth-thirsty vampire geeks have failed to materialize there. Maybe it's got something to do with the bad summer weather we've had. You just haven't been looking, have you?

      And what do you mean, "posted as such"? With .public in the SSID? Wardriving symbols on the pavement outside? On billboards? Mimes on the sidewalk gesturing for you to tune in, log on and geek out[1]? Neon-sign equipped blimps floating by, featuring husky female voices urging you to try out the new hotspot?

      [1] )( Tune in, log on, geek out... Hey, that's practically a Cafepress license to print money! Gold! Thar's gold in them here hills! Gold I tell you!

      --
      Money for nothing, pix for free
    111. Re:How did they know? by Minna+Kirai · · Score: 1

      So if your neighbor leaves his door unlocked,

      Not analogous. Leaving your door open is passive, but running an "open" access point is active. I send a request, and the neighbor's router responds to it. If he didn't want it to respond, then... he shouldn't have had it respond.

      If one accidently gives away something of value, he has no recourse. The transaction is over, and he's lost.

      I was always taught that any time you use something that doesn't belong to you, you must first ask permission.

      The 802.11b protocol provides a standardized, automatable way to ask for that permission. If you don't want your router to grant permission to every random stranger, it's easy enough to set a WEP security code.

    112. Re:How did they know? by Minna+Kirai · · Score: 1

      Bottom line, if the library, or anyone else, wants to restrict access to a wifi network, it is possible to do so without spending a lot of money.

      No. There is no real easy technical solution.

      Assume a facilty wants to allow public WiFi use, but only to people inside it's building. They can try a hardware solution, adjusting antennas so the exterior walls block signals, but that'll be difficult to get exactly right. They can try a software solution, and require people to check in/out and be assigned passcodes upon entering/exiting the building. But that creates a significant overhead in staffing to enforce revoking of keys when somebody leaves, and libraries can't afford such waste.

      The best option is actually to give up, and accept that people outside the building will get access- and then check signal strength to make sure nobody else's private residential property is being serviced.

      Look at the commercial hot-spots. You connect, are sent to a pay/sign on page, pay/login, then you are connected.

      None of those services try to restrict you from using it after you leave the facility. If you paid the fee, they're happy if you keep using it all the way down the street. If you lived next door, they'd love for you to make them your only ISP.

      A library isn't like that. Some libraries, apparently, only want to give access when you're still in the building.

    113. Re:How did they know? by rjelks · · Score: 1

      mmmm....Where's this free pizza that everyone's talking about?

      Installing network devices without reading the instructions is unforgivable these days.

      It's not just unforgivable. ISP's are starting to hold customers responsible for unsecured AP's.

    114. Re:How did they know? by Minna+Kirai · · Score: 1

      anyone has a right to ask anything from anyone else with some very few exceptions (such as asking for sex from children)

      No. There are very many exceptions. I've counted more than 5000- just as big as your national legal code.

      Asking for underage sex is no different from requesting the commision of any other crime. It's still illegal whether you ask or not, and is no different from murder or theft in that regard.

    115. Re:How did they know? by ultranova · · Score: 1

      OTOH if 1000 people gather around a hotspot feeding a single DSL link, you may need another line to support them all. (You may need quite a bit more that that to support them all.) And ISPs aren't giving it away, even to public libraries.

      Or you could just tell your wireless hub to not accept connections from strangers. Or, possibly, tell it to limit incoming/outgoing rate for them, to guarantee enough for you.

      Besides, continuing your idea to its logical end, libraries should try to discourage people from loaning books, because there's only a limited number of them in the library, and bookstores aren't giving them away, even to public libraries.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    116. Re:How did they know? by TheoMurpse · · Score: 1

      "What if he'd been using the WiFi inside the building, placed his still running TiBook in his bag and walked out? Would he become a criminal at the door? It just doesn't wash."

      well, couldn't you say "what if he'd been using the library book inside the building, placed it in his bag and walked out?" that's the same thing, but we all know this is obviously stealing unless he checked the book out...

      so really the argument becomes must you get explicit permission from the library to use something that -is- available outside their walls, that -is- publicly funded...well, come to think of it, this is like having a statue in a museum window, and arresting someone after museum hours for looking through the glass at the statue...

      can you legally do something like that? if a museum doesn't want you looking at the stuff through windows after hours, they close the blinds...so shouldn't the library TURN OFF the wifi after hours?!? for chrissake, they turn the computers off at -my- public library, why not have an automated script that turns the transmitters off after hours?

      until that time, i think that the access outside the building should be allowed...

      also, i think someone else had mentioned "if i leave my door open, but you come in, you're still breaking the law"

      the problem is, a public library is PUBLIC, and if a PUBLIC library has an open door, going inside ISN'T illegal...no a PRIVATE wifi network is something else entirely...

    117. Re:How did they know? by Grunschev · · Score: 1

      *Does* AKMA have a library card? We don't know. I presume that any literate citizen would have one, but the article doesn't say.

      If you'd read his blog you'd know. I suppose he could be lying, but he says he has a library card. Interestingly, he doesn't even live on Nantucket and he has a card for their library.

      Igor

    118. Re:How did they know? by Anonymous Coward · · Score: 0

      A solution which would solve the legal aspects and avoid accidental use of the network would be:

      Enable WEP with a static key that is not too hard to type in (to avoid support issues). This would make clear that your network is not public.
      Inside the library, post an acceptable use policy containing the WEP key. If you don't want users to connect from the outside, just put it in the AUP. Because your network is not public, users are bound by the AUP.

      Another possibility is to ditch WEP, employ NoCatAuth and require users to agree to your AUP before you let them access the net. This is more comfortable for your users, but less courteous to the general public because clients will still automatically connect to your AP even though they won't be able to use your uplink.

    119. Re:How did they know? by jc42 · · Score: 1

      Heh. Well, it seems that around half the messages here are from people who indeed would put a bench next to a public sidewalk and then send a cop to arrest anyone who sat on it. We seriously need some classes in Civilised Behavior for Geeks, it seems.

      Consider that, in the present case, the cop was threatening arrest for using an AP because the user was outside the building that supplied the access. The same person a few feet away on the other side of a wall would have been using it "legally".

      My wife has a new Tungsten C, which has builtin WiFi that works quite automatically anywhere it can find a signal. Yeah, you can ask it to tell you about the WiFi, but she does that about as often as she asks her cell phone for info about its signal. (How many people even know how to do that?) She also visits the local public library every week or two. I can easily imagine her pulling out the PDA as she walks in or out the door. Would she be a criminal on one side of the door, but a "valued client" on the other side?

      This is utterly demented. I wish the fellow had decided to challenge it. Though I understand why he didn't. When faced with a cop, the easy thing is to say "Yessir" and move on.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    120. Re:How did they know? by Moofie · · Score: 1

      How exactly is the cop going "to lose" if he decides to arrest you?

      He can arrest you because your shoes are untied.

      They can't make the charges stick, of course, and you might well have a nice lawsuit on your hands, but in most jurisdictions you can be held for 24 hours for lookin' shifty.

      --
      Why yes, I AM a rocket scientist!
    121. Re:How did they know? by Minna+Kirai · · Score: 1

      AC: A solution which would solve the legal aspects and avoid accidental use of the network would be:

      Neither of your solutions work. They don't solve a person walking in through the library, reading the WEP key, and then going back outside. Or never going inside at all, but merely clicking through the NoCatAuth AUP and then disregarding it.

    122. Re:How did they know? by Antique+Geekmeister · · Score: 1

      Read the article again. When told not to use that access point, he proceeded to scout for other unsecured networks, and actually submitted the article from an out-of-site location where he could use an unsecured network without being noticed by the cop.

      You seem to have made my point: this guy apparently makes a hobby of using other people's public access points, and doesn't show any sign of actually asking permission.

    123. Re:How did they know? by Antique+Geekmeister · · Score: 1

      No, I was serious. There was no indication from the article of what kind of priest he was: could be Discordian or a member of the Church of Bob Dobbs for all that was in the article. As it turns out from other postings by this guy, he's an Episcopal priest. But those don't normally wear the "Roman collar" unless they're acting in an official capacity, so the cop probably had no way of knowing the guy was a priest.

      And frankly, a lot of bloggers and people who like to crack into wi-fi networks lie like bandits about who they are and what they were up to, so I'd like to verify this guy's statmenets. There's no compelling reason to think he's fibbing, but the whole thing sounds a bit fishy, so I'd want to check it out before treating it as more than a "friend of a friend" story.

    124. Re:How did they know? by DavidTC · · Score: 1
      A good example might be vending machines. If a store says 'closed', but has a vending machine outside that's turned on and lit up, it would be rather hard for that store to claim some sort of trespass or theft if you walked up and put in 75 cents and got a Coke.

      If they didn't want you there, they shouldn't have had a machine advertising that it was selling something! If they didn't want you to take the Coke, they shouldn't have given it to you in return for money!

      --
      If corporations are people, aren't stockholders guilty of slavery?
    125. Re:How did they know? by DavidTC · · Score: 1
      First of all, I seriously doubt any library does, in fact, want you to do that. Libraries want you to use their services. There's no reason for them to limit it. (Libraries especially hate spending money to limit things.)

      However, there's an easy solution to the 'problem' here...turn off the goddamn AP when the liberary closes. Duh.

      If they cared about people using them outside when the library is open, which I cannot imagine, a solution would be to change the WEP code every day, and only hand it out at the front desk, with the requirement that people only use it inside the library. Then get people outside the library for unauthorized access to a network/computer, which is, indeed, a crime.

      However, I'd like to see that actually stated as a rule at any library, because it makes no sense. Why would they care where you use it from? And, no, libraries do not care about monitoring your connection. They just are sometiems required by law to pretend to care about it. (And, besides, if I carry my computer into the library, I can pull in as much of alt.binaries.erotica.lesbian.fishsticks as much as I want, in a tray icon, and no one would ever see. How me being in the library would stop that I have no idea.)

      Public APs are public, period. I don't care if morons don't know they're running them. By the same measure, encrypted access points are private, period. I don't care if the password is 'password', you need permission to get on them.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    126. Re:How did they know? by Anonymous Coward · · Score: 0

      Sure they do: Then you can legally and morally put the blame on the user who violated your AUP. That's the whole point. It is not meant to keep the determined leech off your line technically. It is meant to give you the legal tools so that you don't end up empty-handed when you catch the perpetrator.

    127. Re:How did they know? by C10H14N2 · · Score: 1

      The guy's credentials were of no consequence to the story, so questioning them is just a cheap shot.

      Even at face value, there's no reason for a cop to interrogate someone for sitting on a public bunch using a laptop, WiFi or not. If they had _evidence_ AND a _complaint_ maybe, but just officiously storming up to someone is out of line and that was his point.

    128. Re:How did they know? by Minna+Kirai · · Score: 1

      AC: It is not meant to keep the determined leech off your line technically.

      If you were paying attention, you'd know that "technical" solutions were the only topic of discussion!

    129. Re:How did they know? by Anonymous Coward · · Score: 0

      I was paying attention. The reasonable thing to look for is a technical (IOW automated) solution which prevents casual users from using your bandwidth without recognizing that there is an AUP. People are up in arms because the cop asked the priest to stop using what by all measures looked like a public access point. This thread is below my comment asking how the USER is supposed to know that the AP owner does not want him to connect. NoCatAuth or a simple WEP setup where the key is published alongside the AUP both solve this problem technically. They are not solutions to the much harder problem of keeping determined leeches off your net.

    130. Re:How did they know? by Anonymous Coward · · Score: 0

      Thanks - that cheered up my day! If only I had mod points...

    131. Re:How did they know? by Antique+Geekmeister · · Score: 1

      The story is not about "face value". The story is about suspicion and appearances. While the cop was probably wildly mistaken in bothering someone using a public access point, you can't simply take the word of someone who, when asked to stop using one network, starts probing for other networks to use nearby instead and finds a secretive, out-of-view location to post the story without the cop's awareness. You need at least some character witness to be completely sure of his overall honesty.

    132. Re:How did they know? by Antique+Geekmeister · · Score: 1

      Learn to write shorter posts, please. You wrote: "The librarian's authority stops at the door to the library; it does not extend to people sitting or standing outside." This is legally mistaken. The library's authority also extends to its grounds, its parking lot, its books that are loaned out, and certainly to its own network. The level of authority and responsibility may differ depending on whether you're inside the building, for example in the ability to insist that you be quiet for the other patrons.

    133. Re:How did they know? by mwood · · Score: 1

      Uh, I was pointing out that the open-window analogy doesn't work. The quality of "service" provided by your stereo through your open window is, for each "user", independent of the number of concurrent users; the quality of service provided by a WAP to any given user is strongly dependent on the number of concurrent user. More users don't drive up the cost of good service in the former case, but they do in the latter.

      The analogy tries to pretend that the point of the service is putting electromagnetic energy into the air. It is not; it is the granting of access to a communication channel of limited capacity. The electromagnetic stresses are the means, not the end.

    134. Re:How did they know? by mwood · · Score: 1

      I read the article and I don't even recall him saying which library runs the service in question. There are a lot of libraries in Indianapolis, but some of them are not part of the IMCPL system and some are not *at all* public.

  2. That sucks. by Ilsundal · · Score: 1

    Enter the crackdown... :)

    --
    "True refinement seeks simplicity."
  3. Of what by Anonymous Coward · · Score: 3, Funny

    Of what... the church of Emacs?

    Sorry... had to :-)

    1. Re:Of what by tag · · Score: 1

      You misspelled eMacs. ;)

    2. Re:Of what by Anonymous Coward · · Score: 0

      There is no editor but emacs and RMS is its prophet.

  4. signal theft ? by mirko · · Score: 4, Interesting

    The signal itself was not stolen, it was the receiver's bandwidth.
    Now, had they secured their Airport, they would not had it vampirized.
    And I am not sure the inside/outside concept applies to a radio signal...

    --
    Trolling using another account since 2005.
    1. Re:signal theft ? by Xenna · · Score: 5, Informative

      I'm sure Apple marketing would rather have it differently, but 'Airport' is not a generic name for Wireless Access Points.

    2. Re:signal theft ? by Anonymous Coward · · Score: 1, Interesting

      And I am not sure the inside/outside concept applies to a radio signal...

      I think you could make a reasonable analogy with the visible light spectrum. Lets say it was a broadway performance going on inside a theatre. If the theatre has a window in which you could see the stage, would it be illegal to "intercept" (i.e. view) the performance from this window (assuming you're far enough away from the window to not be tresspassing, i.e. using binoculars).

    3. Re:signal theft ? by Anonymous Coward · · Score: 0

      Um... no, if "Airport" were a generic name for Wireless Access Points, then Apple would be screwed, because they would have failed to defend their trademark, and thus any company that felt like it could call their product Airport for free.

      Congratulations, Mr Anti-Apple nit picker, you just helped Apple defend their trademark.

    4. Re:signal theft ? by SimianOverlord · · Score: 0

      This isn't a good analogy because the performers aren't losing anything from bystanders watching them. A material asset is being used by someone outside in this case, bandwidth.

      A better analogy would be if you were watching a movie through an open door, as you are avoiding the cost paid by the people sitting inside.

      --
      Meine Schwester ist sehr, sehr reizvoll - Nietzsche
    5. Re:signal theft ? by nwbvt · · Score: 1
      Except you can't use that window to access child pornography.

      This guy was a priest after all.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    6. Re:signal theft ? by Anonymous Coward · · Score: 0

      A better analogy would be if you were watching a movie through an open door, as you are avoiding the cost paid by the people sitting inside.

      Um, didn't realize that broadway musicals were free. Plus in my example, the library isn't losing anything assuming the person hasen't forced them to go over their bandwidth quota since that would be the only real incurred cost (i.e. no lose of revenue since it's a free service anyway).

    7. Re:signal theft ? by twoshortplanks · · Score: 1

      No, I'm sure they wouldn't. If Airport *did* become the generic name for Wireless Access Points then Apple would lose their trademark and *anyone* would be able to produce Airport badged WAPs.

      --
      -- Sorry, I can't think of anything funny to say here.
    8. Re:signal theft ? by mwvdlee · · Score: 4, Informative

      You mean similar to the whole "Walkman" thing?
      Did you ever notice that only Sony is allowed to call their walkman's a walkman?

      As long as Apple stops other companies from using the name, they lose no rights to the trademark if the rest of the world uses it as a generic name.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    9. Re:signal theft ? by Anonymous Coward · · Score: 0

      Oh and Apple is stopping those buildings with airplanes using the "Airport" name?

    10. Re:signal theft ? by Dusabre · · Score: 1

      As long as Apple stops other companies from using the name, they lose no rights to the trademark if the rest of the world uses it as a generic name.

      No, you're wrong. Once it becomes generic, goodbye mark. IAAL.

    11. Re:signal theft ? by cdrudge · · Score: 1

      Right. Which is why you will never see Xerox, Klennex, Band Aid, Escalator, Styrofoam, or any of the other proprietary eponyms used as a generic name for a product that is not a genuine trademarked thing. Oh wait...

    12. Re:signal theft ? by parsnip11 · · Score: 1

      You mean similar to the whole "Walkman" thing? Did you ever notice that only Sony is allowed to call their walkman's a walkman?

      Only in the US. Sony foolishly sued someone in Austria for trying to use the term instead of just letting it go. As a result the court ruled that Walkman had entered the everyday vernacular:

      http://www.wired.com/news/politics/0,1283,53040,00 .html?tw=wn_story_related

    13. Re:signal theft ? by steveshaw · · Score: 1

      Just in case any non-IP lawyers are interested: It is a basic tenet of trademark law that you must protect your mark from unauthorized use or run the risk of losing the right to exclude others from using the mark as a source indicator. Pick up a copy of Writer's Digest and look at the ads in the back. There are tons of ads from companies "reminding" writers not to use the companies' trademarks in a generic fashion. Most "cease & desist" letters are also meant as nothing more than to demonstrate that the mark owner is "policing" their mark. If necessary, these policing actions would be brought into court as evidence that a company had taken steps to prevent their mark from becoming generic and/or unprotectable.

    14. Re:signal theft ? by Kiaser+Zohsay · · Score: 1

      they lose no rights to the trademark if the rest of the world uses it as a generic name.

      Like Kleenex and Q-tip. People generically refer to tissues as Kleenex no matter what the band name is (Puffs, actual Kleenex, Wal-Mart Great Value Tissues, etc.). Apple would love that sort of name recognition from the public.

      --
      I am not your blowing wind, I am the lightning.
    15. Re:signal theft ? by Anonymous Coward · · Score: 0
    16. Re:signal theft ? by WNight · · Score: 1

      Perhaps you can answer a question or two, re: Cease and Desist letters.

      1) Why are they all written by someone with a chip on their shoulder, in such a threatening manner? I'd imagine "Hello, I'm with and we noticed your use of our trademark in an unauthorized context at . Trademark law requires us to take measures to stop unauthorized usage of our trademark. Please stop using our mark and reply to this email with confirmation that you have stopped, or questions."

      If companies sent that out as their first contact they'd get a lot less hateful responses from the community. As is, most C&D letters I see are a terse page of legalese with a very blatant threat of lawsuit - not exactly the best foot to put forward. I'd think a nicer tone would be helpful, especially as many of these companies seem to have gotten their legal advice from a fortune cookie - their demands are often unreasonable and unsupported by law. (Demanding someone take down embarassing photos of someone wearing branded merchandise, for example.)

      Can lawyers be disbarred for telling you (on behalf of their clients) that something you're doing that is legal, isn't?

      2) With the case of the daycare using Disney's characters in a non-advertising context, why didn't Disney simply offer to license the appropriate rights to make the mural acceptable? Instead they threatened, pissed a bunch of people off, and got more bad press when WB not only offered free use of their characters, but hired a mural painter to replace the Disney characters. Seems like a huge loss for Disney.

    17. Re:signal theft ? by JThundley · · Score: 1

      Airports suck.
      But now what am I referring to? The Apple Airport? A generic access point? Wifi in general? Or am I referring to an actual airport? Nobody knows because of your fanboyism.

    18. Re:signal theft ? by steveshaw · · Score: 2, Informative
      I'd be happy to offer my opinions on the matters you raised.

      Perhaps you can answer a question or two, re: Cease and Desist letters. 1) Why are they all written by someone with a chip on their shoulder, in such a threatening manner?

      Many C&D letters are not threatening, and simply serve to notify the receiving party that they are using a mark in a manner which infringes the rights of our client. We lay out the relevant law, what we believe they are doing, and then ask them to rectify the solution. We need to give a date by which a response is expected, otherwise people would drag things out forever. I have used these types of letters many times, usually in the context of a likely innocent infringer (somebody who doesn't know they are doing something wrong).

      These letters are rarely posted on the web, because they are boring. You hear about the agressive letters because they get a reaction, and that is generally why they are phrased as they are: they are intended to generate a reaction (see my earlier comment about dragging things out forever). Also, most attorneys are aggressive by nature and have learned things from people who are similarly aggressive. Another reason is because high-profile clients who are paying big bucks to a big firm like to see snappy letters.

      Can lawyers be disbarred for telling you (on behalf of their clients) that something you're doing that is legal, isn't?

      Well, what is legal is never black and white, although lawyers are paid to see things that way. If the law were so clear, there would be no need for lawyers. There are multiple sides to every story. We are paid to represent our clients zealously, and that includes taking all possible interpretations of law and fact in a light which most benefits our client. Privately, we may tell the client one thing, but there is no obligation to tell the other side any of our misgivings about our case. So, that is a long way of saying, "almost never."

      With the case of the daycare using Disney's characters in a non-advertising context, why didn't Disney simply offer to license the appropriate rights to make the mural acceptable?

      I am not familiar with this case, but perhaps Disney did make such an offer. Maybe Disney's terms weren't acceptable to the other side. Maybe a Disney lawyer was having a bad day. Who knows? Licensing of the sort you describe happens every day. Many firms and lawyers are able to resolve most conflicts in a more genteel manner than the ones your describe, but there are always some cases that get nasty. Some firms have a reputation for being nasty, and they get some clients because of it. Under the circumstances you describe, I agree that Disney seemed to drop the ball.

      I hope I answered your questions. I'm always happy to answer any questions my fellow /. members have regarding intellectual property law.

    19. Re:signal theft ? by WNight · · Score: 1
      Many C&D letters are not threatening, and simply serve to notify the receiving party that they are using a mark in a manner which infringes the rights of our client. [...]

      These letters are rarely posted on the web, because they are boring. You hear about the agressive letters because they get a reaction, and that is generally why they are phrased as they are: they are intended to generate a reaction


      Glad to hear that many lawyers aren't jerks when doing this. And yeah, we would see just the worst.

      My natural reaction, if I ever received an overly threatening C&D (or other lawyerly threat), would be to drag the company's name through the mud until the end of time. I assume other people feel the same so it seems like a dangerous game these companies play.

      I could see it from someone like SCO (A company consisting of a lawsuit and some empty suits) but from a company like Disney (or many others) for whom customer relations is seemingly important...

      Privately, we may tell the client one thing, but there is no obligation to tell the other side any of our misgivings about our case. So, that is a long way of saying, "almost never."


      Darn. There are some really scum suckers out there who need to be taken down a peg and they ruin what little good name the profession has left.

      I am not familiar with this case, but perhaps Disney did make such an offer. Maybe Disney's terms weren't acceptable to the other side. Maybe a Disney lawyer was having a bad day. Who knows? Licensing of the sort you describe happens every day. [...] Under the circumstances you describe, I agree that Disney seemed to drop the ball.


      http://www.snopes.com/disney/wdco/daycare.htm

      They certainly did drop the ball, though in this case mainly because someone big enough was there to take advantage of it. Glad to hear that this sort of licensing does happen - it seems like an obvious win for both parties, as well as a good public face.
  5. Hmm FCC? by Trauma_Hound1 · · Score: 3, Funny

    I would have asked the officer for his FCC badge.

    --
    Don't Vote for Norm Dicks! http://www.nodicks2008.com Another nutless dirtbag that voted for the FISA bill!
    1. Re:Hmm FCC? by Anonymous Coward · · Score: 0

      That is exactly what I was thinking. I didn't think local law enforcement had jurisdiction over this type of stuff. It's the the realm of the FBI/FCC.

      Sounds like a typical "all powerful" Barney Fife overstepping their bounds.

  6. Public Rights by Agret · · Score: 5, Interesting

    He should have replied that since it was a public access point that he was in his rights to use it in a public area (namely outside the library)

    "A policeman approached him and asked that he only access the Internet from within the Library"
    What if the guy wasn't using the Internet but was editing his site and was looking at the preview? (this was not the case but what if)

    --
    Have you metaroderated recently?
    1. Re:Public Rights by LiquidCoooled · · Score: 1

      The guy *did* turn his airport off when asked, and was not even online when the officer returned and asked him to
      "Why don't you just close that up, sir, or use your computer elsewhere?"

      this stinks!

      --
      liqbase :: faster than paper
    2. Re:Public Rights by Trurl's+Machine · · Score: 1

      What if the guy wasn't using the Internet but was editing his site and was looking at the preview? (this was not the case but what if)

      What if the guy WAS using the Internet but was connected via bluetooth to a cell phone in his pocket? How can a policeman tell the difference without a wireless network sniffer? So much for presumed innocence?

    3. Re:Public Rights by Anonymous Coward · · Score: 0

      I am not familar with the US law. But, I think the greatest problem is the police officer can charge that guy with "obstruction to the officer" or "disobedinence in a public place" if he stands by his point.

    4. Re:Public Rights by Oligonicella · · Score: 1

      What if's do not count. What was is the only concern. Had he shown the cop he was not using the library's system, no thing.

      One cannot just take a book out of the library without asking, I see no problem with having "patrons" use the wifi inside where the librarians can oversee as is their job.

      Don't like the oversight? Don't use the free system.

    5. Re:Public Rights by ecalkin · · Score: 4, Interesting

      ...Because this is unlicensed spectrum. If the library has a desire that access be from inside the library only, they should actions provide this. Access/security protocols or radio blocking walls/wallpaper/partitions.

      I feel no sorrow for the library. I hope the lawyers get involved and that the library and police face penalties for this.

      eric

    6. Re:Public Rights by Lumpy · · Score: 3, Insightful

      Never!

      when a foot soldier (cop) confront's you. the ONLY thing you was is whatever it takes for him to become happy and go away. You DO NOT FIGHT with a cop, peace officer, soldier, whatever. You will not win anything.

      Say whatever it takes for him/her to be satisfied and go away, then YOU go away.

      you can protest AFTER the fact to your local newspaper, tv news, blog, whatever....

      only complete fools try and stand up to a cop because the Cop will always win that battle right there.

      you reply with, "Thank you officer! I did not know! I will comply right away!"

      then you go inside and complain to the library about the police harassment, and even call the local police station and complain to the police captian.

      --
      Do not look at laser with remaining good eye.
    7. Re:Public Rights by richie2000 · · Score: 5, Insightful
      Had he shown the cop he was not using the library's system, no thing.

      I'm not sure how to parse that sentence, but he did show the cop he was not using the library's system.

      I see no problem with having "patrons" use the wifi inside where the librarians can oversee as is their job.

      So how do you "oversee" a WiFi connection? Watch the logs roll by? Detail one surveillance librarian-bot to every patron to look over their shoulder? Walk around and listen for the tell-tale moans of someone surfing www.kinkyceline.com? BTW, I believe it's illegal in most states for the library (or anyone else except the FBI) to monitor your library activity and loaning habits. One example of those laws are statutes 41-8-9 and 41-9-0 of the Alabama Code which protect the confidentiality of library users.

      Furthermore, here's some reading for y'all:

      Libraries are a traditional forum for the open exchange of information. Attempts to restrict access to library materials violate the basic tenets of the Library Bill of Rights.
      Restricted Access to Library Materials

      Privacy is essential to the exercise of free speech, free thought, and free association. The courts have established a First Amendment right to receive information in a publicly funded library. Further, the courts have upheld the right to privacy based on the Bill of Rights of the U.S. Constitution. Many states provide guarantees of privacy in their constitutions and statute law. Numerous decisions in case law have defined and extended rights to privacy.
      Privacy

      Users should not be restricted or denied access for expressing or receiving constitutionally protected speech. Users' access should not be changed without due process, including, but not limited to, formal notice and a means of appeal.

      Although electronic systems may include distinct property rights and security concerns, such elements may not be employed as a subterfuge to deny users' access to information. Users have the right to be free of unreasonable limitations or conditions set by libraries, librarians, system administrators, vendors, network service providers, or others. Contracts, agreements, and licenses entered into by libraries on behalf of their users should not violate this right. Users also have a right to information, training and assistance necessary to operate the hardware and software provided by the library.

      Users have both the right of confidentiality and the right of privacy. The library should uphold these rights by policy, procedure, and practice.
      Access to Electronic Information, Services, and Networks

      Alse check out LibraryLaw.com for some Patriot Act perspective.

      --
      Money for nothing, pix for free
    8. Re:Public Rights by singleantler · · Score: 2, Insightful

      I'm not sure this is a 'free' system. Where I live, I pay for the public libraries through my tax. They're talking about putting publically accessible wifi in the libraries, which I support. When that access is set up I expect to be able to use it when I'm inside the library and, if the signal stretches far enough, if I'm just outside the library. I'm paying for that bandwidth through my tax, so I should be able to use it wherever I sit within it's range.

      --
      "What if they're using IE?" "I've dumbed Mozilla down to cope with it." - BOFH
    9. Re:Public Rights by Mysticalfruit · · Score: 1

      I think that's when you ask, "Why officer?" and he better have a damn good reason. And when he doesn't have a good reason, you ask the next question.

      "I WANT your badge number and who your superior is and the phone number to contact them."

      --
      Yes Francis, the world has gone crazy.
    10. Re:Public Rights by Anonymous Coward · · Score: 0

      What if the guy wasn't using the Internet but was editing his site and was looking at the preview? (this was not the case but what if)

      Actually, that was the case. After the initial complaint, he switched off his wireless connection and was working offline. The policeman came back and asked him to stop using his computer completely.

    11. Re:Public Rights by nosilA · · Score: 4, Insightful

      You are right that it is foolish to argue with an officer if your primary goal is to save time and hassle. However, if you leave without any form of fight at all, there is nothing to protest and the offier is free to do the exact same thing to others in similar situations. If a cop simply asks you to stop doing whatever it is you are doing and you comply, any complaint you have will fall on deaf ears because the officer did not commit an offensive act. Only if the officer detains, searches, arressts, or otherwise violates your civil rights without reasonable cause can you mount a successful complaint. Civil disobedience is often the only effective way to get laws or behaviors changed.

      Personally, I'd take the safe route and pack up and leave, however I respect anyone who stands up for my rights by being a little defiant.

    12. Re:Public Rights by DaHat · · Score: 2, Funny

      Shhh! Don't say that too loud, do you really want to give away the secret to not going to jail or at least being booked?

      It would be interesting to see a good # of /. Persons finding this library, parking outside and surfing just to taunt this cop... and upon approach have them argue with him... only to have their hardware seized and them thrown in the county jail for 24 hours.

      And yes... I am one who believes that a person should know their rights and not need a police officer to tell them... down with Miranda!

    13. Re:Public Rights by Anonymous Coward · · Score: 0

      Leave the library out of this. There are no indications that the librarians did not condone the use of their AP from outside. Librarians, though they sometimes appear to be more orderly than necessary, are usually avid proponents of free access to information.

    14. Re:Public Rights by Oligonicella · · Score: 1

      And, how else would the officer have been sure he wasn't just flipping it off when approached? He was caught once.

    15. Re:Public Rights by sacrilicious · · Score: 4, Insightful
      when a foot soldier (cop) confront's you. the ONLY thing you was is whatever it takes for him to become happy and go away. You DO NOT FIGHT with a cop, peace officer, soldier, whatever. You will not win anything.

      I sort of agree, but think I'd put it in less extreme terms.

      It's probably unwise to engage in outright physical contact with an officer. Not that they're supermen - they aren't - but they are in better shape than average, they're often armed, they can call for backup, and in the short term (before due process gets fully ironed out) their judgement is generally deferred to.

      In this case of a priest using wireless outside a library, physical contact does not sound like an issue. The question then becomes: is it worth the effort to explain whatever your position is to the approaching officer? I'd say the answer is yes IF the concepts involved are simple and familiar (not only are officers not supermen, they're even further from being Einsteins). A good thing to try to explain: "officer, I was making a perfectly legal left turn and that guy ran a red light." A bad thing to try to explain: "officer, as weirdly as spectrum has been treated in the history of our legal framework, its similarity to property is a false one for the following three reasons...."

      you reply with, "Thank you officer! I did not know! I will comply right away!"

      Personally, I think that's a little too much boot-licking. Officers are there ostensibly to serve the public. Citizens who conduct themselves politely are entitled to the respect of an officer. Yes, I know that some officers are buttheads, but if you don't actually become belligerent with them they will still have a very difficult time parlaying their unresolved childhood issues into a trip to jail for you. Presume your entitlement to respect when you likewise give respect. Don't pretend officers have a higher moral ground; that leads to a big brother state. If you've really done nothing wrong, don't give attitude... but don't send the message that an officer puffing his chest is a welcome thing.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    16. Re:Public Rights by plague3106 · · Score: 1

      Don't like the oversight? Don't use the free system.

      Sorry, i thought libraries were supposed to exist to promote a free exchange of ideas, not censor them.

    17. Re:Public Rights by CyborgWarrior · · Score: 2, Informative

      Hell no! If you don't stand up at the root of the problem, then the problem simply grows. First thing you do any time ANY cop tells you to do something you don't agree with is get their badge number and commanding officers name. It's amazing how much of an affect just asking for this information has on them.

      They must identify themselves just to prove that they are the real deal and not an imposter (scary how many of those there are too....). Once you have this information, explain (CALMLY!) to the officer why you figure you are in the right. If he still pushes you, then say something to the effect of "i'm going to have to consult my attorney about this" and walk off.

      Report the incident as soon as possible to the police captain for whatever barracks the officer is based at and feel free to complain to your local paper / etc. But NEVER let them feel like you just rolled over to their request if you believe it is unconstitutional / illegal / unjust. If you do you set a REALLY BAD precedent for future abuse of their power.

      --
      If you can't say something nice, make sure you have something heavy to throw.
    18. Re:Public Rights by drooling-dog · · Score: 4, Insightful
      Presume your entitlement to respect when you likewise give respect.

      Those are words to live by in any context.

    19. Re:Public Rights by Jaysyn · · Score: 1

      The next words you'll hear are "Please come with me sir." Can you say insubordination, disorderly conduct & (soon to follow) resisting arrest? I thought you could.

      Jaysyn

      --
      There is a war going on for your mind.
    20. Re:Public Rights by Anonymous Coward · · Score: 0

      If the librarian survelliance bot has authentic-heavy-breathing mode, then I'm sure they'll be incredibly popular amonst the libraries

    21. Re:Public Rights by SlamMan · · Score: 1

      Insubordination isn't a criminal charge unless you're in the military.

      --
      Mod point free since 2001
    22. Re:Public Rights by WolfgangVonEstevez · · Score: 0, Flamebait

      You're missing the point. He's a priest. Probably hanging around outside the library to "recruit" some choir boys.

    23. Re:Public Rights by richie2000 · · Score: 1

      Well, he should have hung around the arcade then, because the library was closed. :-P

      --
      Money for nothing, pix for free
    24. Re:Public Rights by justins · · Score: 1
      only complete fools try and stand up to a cop because the Cop will always win that battle right there.

      you reply with, "Thank you officer! I did not know! I will comply right away!"

      then you go inside and complain to the library about the police harassment, and even call the local police station and complain to the police captian.

      Note that such complaints carry a lot more weight when you're a public figure (such as priest) and you've just been arrested over something stupid.

      Being arrested on purpose, rather than "complying" like some kind of droid, is known as "civil disobedience" and it's sometimes pretty effective. It's often even more effective if you're someone considered to have some moral authority to begin with.
      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    25. Re:Public Rights by elakazal · · Score: 1

      Actually, it is virtually never worth explaining anything to a police officer who is hassling you for doing something completely legal, unless he is threatening to actually arrest you or stop you from doing something vitally important. If the policeman is hassling you, then he's already worked out some logic for doing so that is satisfactory to him, and anything you present is unlikely to convince him.

      That's not to say there aren't reasonable cops out there...there are plenty. But in general these aren't the folks hassling innocent people for no good reason. If you're just sitting somewhere minding your own business, then the odds are the guy who comes over and bugs you is just an asshole, and no matter what you do, he has the upper hand. Comply, then write a letter to the newspaper and post a lot of complaints about him online.

    26. Re:Public Rights by sckeener · · Score: 1

      I sort of agree, but there is a problem. In order to have a better case you have to voice your charge to the offender. Basically if you do not say stop or voice an objection, you have a weaker case.

      During the RNC for Bush Sr. in Houston the police attacked the protesters. My wife was there and she had some training for clinic defense against opperation rescue. Basically you have to let the abuser know they are hurting you for you to be able to press charges later. My wife let the cop know he was hurting her, but he still pounded her 3 times with a police stick.

      My wife's case was the strongest but nothing came of it. Shelia Jackson Lee, who was on Houston's city council at the time, is the only one that stood up for the protesters. She is the only one that pressed for more inquiry. Some of the protesters were trampled on my horese. Even though there was footage of the beatings, it was impossible to figure out which cops where attacking whom. The reflective numbers on the riot armor didn't reflect. You have to have light for it to reflect. Some of the other more injured protesters were gay and didn't want to be outed.

      What I am trying to say is...no matter what your political views are if you want change, you are going to have to stand up and take the hit. Change might not happen even then (like what happened to my wife) but it will if people continue.

      We talk a lot on /., but few of us are willing to go to jail for our beliefs. Is wireless surfing outside a library important enough to you to take a hit?

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    27. Re:Public Rights by Anonymous Coward · · Score: 0


      Isn't it hard for you to use a computer, since you are an invertebrate ?

      In other words, you are spineless.

      When cops are wrong, it is the duty of a citizen to stand up for what is right.

      People who think like you do make police states possible.

    28. Re:Public Rights by Anonymous Coward · · Score: 1, Insightful

      actually, you kindly ask the officer for his badge number and station, then report him for harrasment. If he won't give you his number, you whip out your cellphone and take a photo of him, then take that to the station and complain :)

    29. Re:Public Rights by Oddly_Drac · · Score: 1

      "You DO NOT FIGHT with a cop, peace officer, soldier, whatever. You will not win anything."

      As a British subject, I hereby claim Florida.

      --
      Oddly Draconis
      Too cynical to live, too stubborn to die.
    30. Re:Public Rights by fingusernames · · Score: 1

      And this depends on your goal: to walk away safely, or to confront injustice through the legal system. In our legal system there is something called "standing." If you want to be heard in court, you must have standing. You acquire standing when you have been personally harmed by something. In the case where you wish to get an unjust law overturned, you generally acquire standing by being charged with violating said law. If you don't have standing, you can't fight the law. Hence the ACLU finding a patsy to break an offensive "law" after which the ACLU bankroles the legal assault. We don't exactly remember those who saved themselves to fight another day, writing letters to the editor and calling to lodge a formal complaint with the police department, working nicely within the status quo.

      In the United States, our legal system depends on a few checks which are not part of the electoral system. As I like to say, a bill becoming "law" just starts the dance. One check is the jury system in original cases, wherein average Joe Blow citizens serve on a jury, and can judge the LAW as well as the facts. They can choose whether or not a law is just and whether or not to apply it. Thus the reason we have a jury of citizens, not professional, government-paid, legally educated (one-with-the-system) jurors. Lord forbid the day we get professional jurors. Another check is the DUTY of citizens (those brave enough) to violate an unjust law and get the machinery of the courts moving to determine whether or not that law is actually valid.

      Unfortunately, now that we have a 200+ year old stable legal system, people are being brainwashed into believing that the only legitimate outlet for opposing law is through the legislative process. Already so many believe that a jury should judge only facts, not law. And the deference a court gives to a presumption of legislative correctness is excessive, intended more to grease the skids of our huge bureaucratic governments than to defend the rights of the people against violation.

      So, standing up to the "foot soldier" is sometimes necessary. Perhaps, or perhaps not, in defense of using unencrypted wifi. But there are larger issues within our society which demand that brave men and women put their safety and liberty on the line in order to protect us all.

      Larry

    31. Re:Public Rights by Anonymous Coward · · Score: 0

      Bullshit. A cop,peace officer,soldier, misc goon from any of a thousand new US agencies are empowered to apply the laws of the land, not some mystery law that they made up on the spot to make your life miserable.

      What you suggest, is just because the under educated, power hungry, former highschool bully, has decided to pick on you, that you should just roll over. Fuck that. That is how these assholes get away with doing this shit to the next guy. Stand up for yourself you fucking coward. What the fuck do you think that idiot cop boy is gonna do, beat you? Shoot you? Send you to Gitmo? Why not question said cop. Ask him to quote the law to you, 50 dollars says he can't. If you know you are right, take the arrest, especially in the US. Its called "false arrest", and guess what, in the US you can sue his ass off. Ever heard of "violating your civil rights"? You can sue his ass off. Ever heard of "defamation of character", you can sue his ass off. There is no crime in being right.

      I have a funny feeling that you are probably one of these limp dicked bullies, since you are so sure that "you can't win", and that the "Cop will always win that battle". Well, ask one of your brothers who is currently getting raped in FPMITA prison if they always win. Ask some of those guards from AbuGrhaib (however you spell it) if you can get away with your power trips forever. The answer is, only if the sheep you are kicking around let you, if they stand up to you, and they are right, you will loose.

      Instead of "Thank you officer", why not try, "I know my rights, talk to my lawyer, fuck face". What do you think he is going to do? Thats right, NOTHING. All bullies are the same, dicks the size of rice, brains the size of peas, betting that you won't have the nerve to stand up to them. Try it once in a while, these pussies always back down.

    32. Re:Public Rights by Anonymous Coward · · Score: 0

      no they aren't you jerk!

      just kidding :-)

    33. Re:Public Rights by Trailer+Trash · · Score: 1

      Wrong.

      In any case like this, you tell the cop you'll speak with his supervisor immediately. If he refuses (and in most or all jurisdictions, it's illegal for him to do so) then simply call the police station and explain the situation, and tell them that a supervisor is required immediately.

      Supervisors do not like to come tend to the idiots like this cop.

      I didn't realize how powerful this was until I saw a case of a black off-duty officer who was illegally pulled over for DWB in another area. Most likely the situation will be defused there.

      If not, walk over to the station and talk to the chief. If that doesn't help, talk to your councilman and show up at the next meeting.

      Putting up with this sort of bullshit will only encourage more of it.

    34. Re:Public Rights by Lattitude · · Score: 1

      You can have it.

    35. Re:Public Rights by Anonymous Coward · · Score: 0

      Wow, how is the parent post *not* satire? How can it possibly be modded "Insightful"? More like "Score: 5, Funny"....

    36. Re:Public Rights by therealsludge · · Score: 1

      Please tell me you do not run your life like this.

      I cannot believe that in this day and age, someone would say that you should just roll over on your back and not confront the officer when they are wrong. The only reason I can think that you answered this way is that you yourself are one of the over-testosteroned officers that give the real officers a bad name.

      Now, if you are a complete and total idiot, you can raise your voice to them, start swinging, and start using "swear" words on them. If you do that, you deserve what you get, but just by arguing with the officer on your rights, you are not violating any law, so they cannot do a single thing to you.

      Nice try though. :)

    37. Re:Public Rights by Anonymous Coward · · Score: 0

      I will visit you in prison you brain-dead idiot.

      try and read the ENTIRE fricking post instead of letting your ADD take over and make you froth at the mouth after the first sentence...

      he said to pacify the nimrod with the gun adn then complain to those that MATTER. press, govt, etc..

      only the absolute stupidest dipshits confront and antagonize a cop.

      and you cetianly are one of those.

    38. Re:Public Rights by silicon+not+in+the+v · · Score: 1
      If the library has a desire that access be from inside the library only, they should actions provide this. Access/security protocols or radio blocking walls/wallpaper/partitions.
      How about something simpler? This happened because the library was closed. Shouldn't the library turn off the wireless transmitter when they close if they don't want people to use it outside?
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    39. Re:Public Rights by poot_rootbeer · · Score: 1


      Look: if a police officer has been instructed by his superiors that it's illegal to access the library's WiFi network from outside the library, you're not going to change his mind no matter how good your explanation is. There is less risk of him getting reprimanded for doing what he was told to do and making your stop than there is for independently weighing the arguments from both sides and letting you continue your actions.

      Feel free to maintain that you don't believe you're doing anything wrong. Offer to be taken peacefully into custody and spend a few hours in a holding cell if it's really that important to you. But quite frankly, I don't have the time or inclination to sit in jail all day to "prove" that I'm "right".

      I'll apologize to the officer and stop what I'm doing, ask him his name, and then take it up with someone higher up the chain of command at a later time.

    40. Re:Public Rights by Jaysyn · · Score: 1

      Tell that to a State Trooper who asks you to step out of your car.

      Jaysyn

      --
      There is a war going on for your mind.
    41. Re:Public Rights by jcr · · Score: 1

      Can you say insubordination, disorderly conduct & (soon to follow) resisting arrest?

      Can you say "conspiracy to deprive of a constitutional right, under color of authority"? That's good for ten years in Leavenworth...

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    42. Re:Public Rights by Jaysyn · · Score: 1

      Exactly how do get a cop sent to Leavenworth?

      Jaysyn

      --
      There is a war going on for your mind.
    43. Re:Public Rights by Jaysyn · · Score: 1

      errr..

      Exactly how do I get a cop sent to Leavenworth?

      Jaysyn

      --
      There is a war going on for your mind.
    44. Re:Public Rights by soft_guy · · Score: 1

      RTFA. When the officer came back, he wasn't connected to the library's WiFi - he had no internet connection. The officer still would not allow him to sit on the bench and use his computer without the internet connection. He was told to turn his computer off or leave.

      Does the library have a policy about whether you can use a computer not involving WiFi on the bench outside? No, the officer just figured he might turn the WiFi back on after he left.

      --
      Avoid Missing Ball for High Score
    45. Re:Public Rights by jcr · · Score: 1

      Exactly how do get a cop sent to Leavenworth?

      Well, that's the hard part. You have to bring a charge to a federal grand jury, they have to indict him, then he goes to trial, and if you don't have a little old lady on the jury who's sure that "cops never lie", you get him convicted. Then, you need a judge who's got the guts to actually apply the law and sentence him to prison time.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    46. Re:Public Rights by Jaysyn · · Score: 1

      Yeah, but isn't Leavenworth a military prison?

      Jaysyn

      --
      There is a war going on for your mind.
    47. Re:Public Rights by jcr · · Score: 1

      Yeah, but isn't Leavenworth a military prison?

      AFAIK, any maximum-security federal prisoner can be sent there.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    48. Re:Public Rights by catalina · · Score: 1

      ...so they cannot legally do a single thing to you.

      You left out that one word....

    49. Re:Public Rights by Jaysyn · · Score: 1

      Thanks, I had no idea.

      Jaysyn

      --
      There is a war going on for your mind.
    50. Re:Public Rights by rthille · · Score: 1

      Well, that depends on whether you're right or not and whether you've got the $$s to back that up in court. A friend was 'arrested for being black' by the LAPD. She was from a rich family and the cop had obviously made a mistake. The family lawyer got a letter of apology from the department, then parlayed that letter of apology (as admission of guilt of wrongful arrest) into $250,000.

      So, sometimes it can be to your benefit to stand up to police. And that's ignoring the fact that if you don't stand up for your rights to officer of the law then you in fact live in a police state, regardless of the letter of the law.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    51. Re:Public Rights by shalla · · Score: 1

      I feel no sorrow for the library. I hope the lawyers get involved and that the library and police face penalties for this.

      Why the hell should the library face penalties? They didn't tell the policeman to do anything to harass the man. While I agree that the policeman in question should get a talking to, suing anyone is ridiculously extreme, particularly an institution that was merely the site.

      That said, it's perfectly reasonable to assume that a public library's WiFi is available for use outside the library (even if the library is closed) if it's accessible. That is standard at some libraries in the US, and unless there is no access or there's something clearly posted, AKMA couldn't have known.

      The library did post a rule after the fact stating that the wifi should only be used during the library's hours. I certainly hope they've learned to shut it off when they aren't open. Overall, I imagine it was an oversight on the library's part to not turn it off after hours.

      We'll shortly be implementing a public wireless network at the library where I work, and we expect patrons will use it outside, and we will be shutting it down when we're closed to avoid excessive bandwidth costs.

  7. RTFA. by JNighthawk · · Score: 5, Informative

    He didn't. He assumed and even when he knew AKMA wasn't using wifi, he still told him to leave.

    --
    Wheel in the sky keeps on turnin'.
    1. Re:RTFA. by nursedave · · Score: 2, Informative
      Actually, he didn't tell him to leave. He asked him to leave. It is a subtle difference. A cop can ask you to let him in your front door to look around, and you can refuse. If he tells you to let him in your front door, and has a warrant or reasonable suspicion of a criminal act which must be stopped (wife beating or something), then you can't refuse. Well, you can, but things will go downhill from there.

      Of course, if a cop tells you to put your hands on your head, it'd probably be best to comply and work it out after everyone's pulse rate has gone down a bit. You don't want aloratoM imprinted on your forehead!

      --

      The Democratic Party: We've been pussies since 1968!

    2. Re:RTFA. by PriceIke · · Score: 5, Insightful

      This is so much bogus nonsense to me. The RIAA and the MPAA have cultivated this paranoia about computer use. I say if a public library's wi-fi network extends outside of the building, then citizens of that public (read as: taxpayer-funded) institution have just as much right to the bandwidth as they do inside the building.

      It is not ridiculous to assume that those individuals who configured and created the library's wi-fi network knew that it was not secured. Indeed they set up multiple access points, and did secure others. Knowing this, they made a conscious decision not to secure it and thus to service any and all client machines who wished to "climb aboard". It is public bandwidth paid for by the public's tax dollars. To my way of thinking, this cop is infected by the "it's illegal to be a geek" mindset/paranoia that's permeating our culture, resulting in such ridiculous expressions as "stealing music".

      "What? He used his brain and found a way to use his computer that wasn't expressly permitted by policy?" Yeah, folks, last I checked it was a free country .. maybe I'm deluding myself.

      --
      It's not a lie. It's the truth with lossy compression.
    3. Re:RTFA. by mwood · · Score: 3, Insightful

      Whether it's okay for AKMA (whoever he is) to make such use of the facility would seem to be entirely dependent on the library's acceptable-use policy. If it says you can use their wireless only within the building then that's that. If it doesn't say, I'd say your location is irrelevant to whether you are using the facility acceptably.

      Of course, the officer *did* have a copy of the library's AUP, right???

      Having read the article, I'm now wondering whether AKMA knows if the library's wireless network is in fact provided for the public, or only for staff. That would change the situation markedly. But if it is indeed public, then rousting someone for using it is a bit like rebuking somebody for "stealing" a pamphlet off a pile lying under a "take one" sign.

    4. Re:RTFA. by Anonymous Coward · · Score: 0

      "aloratoM"

      Isn't that a tapo? I never head of that brand.

    5. Re:RTFA. by Erik+Hollensbe · · Score: 3, Insightful

      I agree - if the cop felt that a law was being broken, and he had no choice on how to enforce it, he could have taken it much farther.

      But that gets to another point - instead of whining on the internet about it... Knowing it's the library's signal, why not just go in and see what the AUP or whatever the rules are, and bring the cop in for good measure? More often than not (there are exceptions), the cop will be happy to find out if the library staff really cares or not.

      While I'm sure there are a few out there, your average ground-pounding police officer will never read this blog entry or the slashdot article that links to it. He won't be informed of the issues, and certainly isn't going to listen to anyone that he has no reason to believe as an authority on the issue. This is a better practice than you think - I'd rather be getting told that something is wrong because someone with authority told him to tell me that than some "ordained priest" with a WiFi connection told him it was ok.

    6. Re:RTFA. by xenocide2 · · Score: 1

      "citizens of that public (read as: taxpayer-funded) institution have just as much right to the bandwidth as they do inside the building."

      Ironically, churches are usually given tax breaks.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    7. Re:RTFA. by chris_mahan · · Score: 1, Insightful

      Time out.

      He was outside the library. OUTSIDE THE LIBRARY. Repeat 5 times.

      Why should he be held to rules that apply only _inside_ the library?

      Remember. He was outside the library.

      --

      "Piter, too, is dead."

    8. Re:RTFA. by Teh+Anonymous+Coward · · Score: 1

      Stick it to the man! Well said :)

      ----

      The problem with the free country statement though, is that it isn't necessarily applied to abusing WiFi policies of the library, rather, it's the freedom to express your political opinion withouth being oppressed by the government. But since that seems to not be the case these days (W's conventions are invite only now, requireing you to have a ticket that states you won't show support fo the other guy, else face ejection from the "festivities").

      I agree with what you're saying.

      --

      If I throw a stick, will you go away?
    9. Re:RTFA. by Mr.+Slippery · · Score: 2, Insightful
      Whether it's okay for AKMA (whoever he is) to make such use of the facility would seem to be entirely dependent on the library's acceptable-use policy.

      If you send radio waves my way, I'm free to do as I please with them. If I sent radio waves your way, what you do with them is your choice.

      If you want your wifi service to only be used in a certain area, it's up to you to use some mechanism to enforce that (at the lowest level, radio-opaque shielding; at a higher level, software mechanisms to make users register after agreeing to some terms). If you leave it open, it's an open invitation.

      This is a ridiculous as threatening someone with arrest for reading by the light coming out of the window...(and now reading TFA, I see AKMA making the same comparison).

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    10. Re:RTFA. by dnoyeb · · Score: 1

      Its kind of like a woman walking down the street naked and me receiving a ticket for being a peeping tom.

      I think its silly to ask the law to do something that you can do yourself quite easily.

    11. Re:RTFA. by Buran · · Score: 3, Insightful

      I don't think this is really whining. The policeman twice bothered this individual without any foreknowledge of what he was doing, and even when told his complaint was no longer valid, continued to harass someone who was causing no trouble, just sitting outside on a peaceful day. What probable cause did the officer have to do this? I can't see any.

      Sadly, sometimes police officers just like flaunting their authority a little, and while this is one of the more harmless cases, what about the times photographers have been harassed for taking photographs on public property, of public buildings (or even private ones, but in public places, where there is no expectation of privacy or secrecy) and not violating anyone's personal privacy doing it?

    12. Re:RTFA. by chimpo13 · · Score: 1

      churches are usually given tax breaks.

      I don't know AKMA, but if he's an ordained minister, it's probably from the UCF. Want to be ordained? Okay, you're ordained. I paid the extra 5 bucks to become an archbishop.

      Archbishopfully,

      --Dave Smith

    13. Re:RTFA. by Marxist+Hacker+42 · · Score: 1

      Worse than that- he didn't quote where to find this federal law, or at least AKMA didn't link to it (and neither did any of the other links). I'd withhold judgement until I read the law- or at least found out if it even existed!

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    14. Re:RTFA. by 1u3hr · · Score: 1
      Of course, the officer *did* have a copy of the library's AUP, right???

      Since when is it a cop's job to enforce an AUP? I believe it'd have to be escalated through a whole bunch of bureaucrats before it got to having an armed policeman do anything, and that's only because a public library is a part of the government.

      Also, in the FA the cop said it was a "federal law", but he neglected to specify which one. Just the general feeling that "hackers" are terrorists I think.

    15. Re:RTFA. by ReconRich · · Score: 1

      You didn't click any of the links, did you ?
      If you had, you'd realize that AKMA has degrees from Yale Divinity School, Duke, etc - hardly the UCF. He's a professor of New Testament at Seabury-Western Theological Seminary.

      I know this is slashdot, but could you try not to discredit people before you RTFA ?

      -- Rich

      --
      Free your mind and your Ass will follow -- George Clinton
    16. Re:RTFA. by SilentChris · · Score: 1

      Most local libraries are paid by the town. Should someone from another town over walk in front of my library (that I paid for) and use its wi-fi (that I paid for)? Not on my watch.

    17. Re:RTFA. by jcr · · Score: 2, Interesting

      What probable cause did the officer have to do this? I can't see any.

      Me, either. AKMA should drop the local police comissioner a note, and ask for an explanation.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    18. Re:RTFA. by dillon_rinker · · Score: 1

      Acceptable use policies are essentially contracts.

      POLICE DO NOT ENFORCE CONTRACTS.

      End of story.

    19. Re:RTFA. by Dun+Malg · · Score: 1
      Time out. He was outside the library. OUTSIDE THE LIBRARY. Repeat 5 times. Why should he be held to rules that apply only _inside_ the library? Remember. He was outside the library.

      Who says they only apply inside the library? Do you really think their WiFi AUP has such a glaring loophole as "these rules only apoply inside the building"? I'm not saying that they should prohibit access from outside their doors, just that it's shouldn't necessarily be a free-for-all just because you can pick it up outside. Being that it's a public resource, their AUP certainly shouldn't prohibit such access, but it should still apply.

      Do the library's rules on treatment of borrowed books still apply once you leave the premises with the book?

      --
      If a job's not worth doing, it's not worth doing right.
    20. Re:RTFA. by chimpo13 · · Score: 1

      Yup, I RTFA.

      I know 2 people with masters from the Yale Divinity School. One is the guy I sometimes reposses cars with. I've got a picture of us standing in front of MC Hammer's house when we were looking for a couple of Hammer cars. I also went to cockfights with him after we bought a cock to enter. He's ordained from ULC and is getting his doctorate to be a professor.

      The other person I know with a Masters from the Yale Divinity School is his wife. Yesterday was their 2nd anniversary (hi Brad and Stacey!)

      Now why would I take a religious degree with a God-sized grain of salt again?

    21. Re:RTFA. by chris_mahan · · Score: 1

      How do they know it was the library's wifi anyway?

      Maybe it was the wifi of the guy across the street.
      Maybe it was the wifi of the coffee house next to the library.

      >Who says they only apply inside the library?
      There's a sign at Blockbuster's door: "No food or drink". Does it apply to the bus bench at the curb 25 feet from their door? No.

      --

      "Piter, too, is dead."

    22. Re:RTFA. by Brandybuck · · Score: 1

      W's conventions are invite only now...

      And K's aren't? Then what was all those hoopla about chainlink fences I heard about? Actually, now that I think about it, all conventions regardless of party are "invite only".

      --
      Don't blame me, I didn't vote for either of them!
    23. Re:RTFA. by Anonymous Coward · · Score: 1, Funny


      Agreed. Same as fruit that falls from your tree into a neighbor's yard. Library must install a wired mesh to prevent usage. Signal theft is 100% folderol.

    24. Re:RTFA. by mwood · · Score: 1

      "Since when is it a cop's job to enforce an AUP?"

      When the policymaking agency decides that the user's refusal to honor the policy constitutes trespass and calls a cop to have him removed. Same rule as it becoming a cop's job to enforce my policy regarding "no strangers holding loud parties on my lawn at 02:00" when I call the police for help.

      The officer in question seems to have been told that it's his job to prevent "theft of signal" but given precious little training in recognizing it. I think that, absent a complaint, he really has no basis for determining probable cause, since this is essentially an application of contract law or something like it. [obIANAL]

    25. Re:RTFA. by mwood · · Score: 1

      So, if you rent a room to someone who flagrantly violates the terms of the lease, and you demand that he leave but he won't, you'd call the courthouse and ask them to send over a judge to remove him? Ha.

      Police enforce laws against trespass.

      Real end of story.

    26. Re:RTFA. by StarKruzr · · Score: 1

      You'd be hard-pressed to get me riled up about someone from Jersey City using my local library (NYC) for wi-fi access.

      I'm sorry, but I just. Don't. Care.

      --

      +++ATH0
    27. Re:RTFA. by Anonymous Coward · · Score: 0

      Off-topic, but please RTFA. Or at least his site. He is indeed the real deal.

    28. Re:RTFA. by budgenator · · Score: 1

      "federal law" as explained to the local Cop by a Secret Service Agent, normaly I'd expect computer crimes to be handled by the FBI not the Secret Service. Per comments on the site someone brings up Interesting that this gets raised in Nantucket, of all places -- we can thank the presence of the Secret Service for that, which in turn comes from the fact that John Kerry and his wife have a house there.
      So the real story is the Priest, rousted from a park bench in front of a public libary gets his feathers roughled by a Cop who goes home pissed because he has to roust Priests from Park Benches, who reports to a Leutentant who's pissed because those Secret Service fuckers are always up his ass

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    29. Re:RTFA. by Anonymous Coward · · Score: 0

      They're given tax exemption status, not tax breaks.

      And tax exemption != taxpayer-funded

    30. Re:RTFA. by Minna+Kirai · · Score: 1

      at the lowest level, radio-opaque shielding; at a higher level, software mechanisms to make users register after agreeing to some terms

      At an even higher level, a cop to stroll around and shove off the riff-raff. That's a "mechanism" too.

    31. Re:RTFA. by severoon · · Score: 1

      I think you missed the point. It doesn't matter if he received his priestiness from a fully accredited source or not. The fact that he's a priest, in other words, is largely irrelevant. (Because if it somehow matters, then we have to start getting into who we consider a "valid" priest and who we don't. Best to leave it unconsidered, don't you think?)

      --
      but have you considered the following argument: shut up.
    32. Re:RTFA. by DunbarTheInept · · Score: 1

      So, once you check out a book from the library, and leave the building, you no longer have to abide by the rules the library puts on the book - go ahead and rip pages out and use them to start a campfire if you like, hey, it doesn't matter - you left the building...right?

      The fact is that if you use someone's property, you follow their rules about it - whether that property is their building or their book or their RF transmitter. Sitting outside the library, he was still using their property when he used their RF transmitter.

      If the terms of use did say that you have to use the signal only inside the building, then the scenario that played out would have been okay. But the article doesn't have that detail, so we don't know.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    33. Re:RTFA. by severoon · · Score: 2, Insightful

      Why is it that, so often with technology, places will only employ half of what's available and then complain about the results?

      Ok, so maybe they don't have the funding to secure their wifi connection. Then, to me, that means they can't afford wifi and they should either (1) not do it half way, or (2) do it half way and then not complain about the results.

      Besides, it's a public library. Public. What makes people's use of bandwidth outside less valid than inside? Oh, I know, the library can't monitor the use of its patrons, right?

      Bull. They can't monitor it inside either...not by walking around casting glances. If this really worried them, then they would install the appropriate filters instead of doing a half way job (see above argument). So, given that they don't care/can't afford the full solution, and given that they, as reasonably intelligent human beings, have weighed the pros and cons, they shouldn't be worrying about monitoring content OR whether access is inside or outside. Besides, they could simply post signs saying that they're logging all connections and monitoring THAT if they're so concerned about it--even if they're not, it would cut most of the stuff they're worried about. A low-tech solution to a high-tech problem, inside or outside the libe.

      Alternatively, they could get a charitable project started at the local college/high school to get a hacker to create a small app that connects patrons to the library. They have to install the app and it provides a username/id to the libe to attach to the logs of web sites browsed. Problem solved for free. (Public resources rarely take advantage of the public's desire to give back, and they should.)

      One other thing about all of this bothers me. Is the library even supposed to be monitoring what people are doing inside? They're not allowed to prevent certain people from checking out certain books or reading up on certain subjects, right? The government isn't allowed to get access to books you've checked out unless they have reasonable suspicion of terrorist activities (and even that wasn't true before the Patriot Act). I mean, what if I'm doing a college-level report on Internet pornography? I can't use the library to do that report? Who are they to tell me what I can and can't research? (Of course, I have no problem with them limiting the total amount of bandwidth any one patron can use for the day...that's just sharing the resources...but then again, see above argument. If they won't install the tech that applies equally to everyone, they don't really have a leg to stand on.)

      This is a matter of practicality butting up against legalisms. Consider as an example that many police departments across the country will not turn illegal immigrants over to the INS even though they're breaking the law and it would be the legally correct thing to do so. The point of this example is to say that the law is clearly not applied in every case regardless of the technicalities present--in this case, the library hasn't even done a full installation and they've weighed the pros and cons, and now they want to suck police budgets to make up for their budget shortfalls. If the local population didn't vote that library more money, that means they don't want them spending tax dollars on stuff like that. So they shouldn't start spending police tax dollars on it either. The people said no.

      --
      but have you considered the following argument: shut up.
    34. Re:RTFA. by Catbeller · · Score: 1

      This is so appropo to my post yesterday regarding the enormous growth in the Secret Service's power.

      What in hell do we need a Secret Service for, anyway? Isn't the name alone frightening enough? They've become a shadowy federal police force that overrules and directs the real police. And they seem to have very distict political opinions about the right to free speech and the right of citizens to move freely around their own country. Or even foreigners in THEIR own country. They shut down Ireland, for god's sake, when Bush arrived. Welding manhole covers shut? Under what power granted to them can they shut down cities?

      From creating "First Amendment Zones" for protestors, to intimidating people in their own homes for thinking anti-govermental thoughts, to keeping reporters away from Michael Moore at the Republican national convention, the SS has grown into something that no longer "protects" the president; it is protecting those in power in general. And what the hell is the SS doing protecting the Saudi Arabian embassy in DC? (watch Fahrenheit 911 to see our SS in action)

    35. Re:RTFA. by dillon_rinker · · Score: 1

      Actually, that's EXACTLY what you do. You go to court, you get an order to have him removed. The police DO enforce orders of the court. There are some pretty stringent laws about evicting people who refuse to leave your property. It's doable but not always easy if the freeloaders know the law.

    36. Re:RTFA. by budgenator · · Score: 1

      I realy didn't mean my post as a flame on the Secret Service, If they tell the locals do A,B, and C and the locals do it is it realy the Secrer Services' fault that the locals didn't tell them they were nuts?

      I've had the privelage of meeting a Secret Service Agent at the Olympics in Atlanta in 1996, an honorable chap. Imagine have a job that requires you to take a bullet for an asshole that you personsaly wouldn't piss in his mouth if his teeth were on fire.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    37. Re:RTFA. by Teh+Anonymous+Coward · · Score: 1

      so you're saying you're a flipflopper? i c

      --

      If I throw a stick, will you go away?
    38. Re:RTFA. by 1u3hr · · Score: 1
      I realy didn't mean my post as a flame on the Secret Service, If they tell the locals do A,B, and C and the locals do it is it realy the Secrer Services' fault that the locals didn't tell them they were nuts?

      Yes.

    39. Re:RTFA. by Anonymous Coward · · Score: 0

      I guess people from other towns shouldn't read the books in your library either?

      What if "your watch" leads you to need to go to another town and your watch commander calls and wants your TPS reports emailed to him ASAP and he understands that Other Town has free wifi at their library?

      Is wifi bandwidth a scarce resource? Was AKMA sucking down wifi bandwidth like it was free beer? Was he pushing others out of the free beer line to get it all for himself?

      Are we running out of wifi or is it heading towards gps like universally accessible utility-dom?

    40. Re:RTFA. by mwood · · Score: 1

      I guess it's the lease which makes things complicated. One would have to prove a breach of the lease, and that has to be done before a judge. The lessee has a presumed right to occupy the leased facility until a breach is proven.

      I should've made it more clear-cut, like people coming into your yard, pitching a tent, and throwing refuse all over, all without ever asking your permission. Absent any evidence that you *ever* granted them leave to use your property, the officer should be able to handle the situation on his own initiative -- it would be the alleged trespassers' burden to show that they had a right to be there, so *they* could take the matter of their eviction before a judge *after* the fact.

    41. Re:RTFA. by nursedave · · Score: 1
      I agree with you 100%; and, if I were in that position, would have belabored the point for the cop until he either 1)acknowledged he had no legal right to force me to move and use my computer elsewhere if I was not breaking any specific law, or 2)told me (not asked me) to leave, and cited a reason why.

      Now, I would like to say I'd refuse. He can't get you for criminal trespass unless the owner of the property made a complaint, which would be impossible in this case (there is case law concerning a bum stinking up a library every day and when the library kicked him out, the ACLU sued for him - and won). He can't get you for refusing to obey the lawful order of a peace officer, and old favorite, as it is not a lawful order. So, I'd love to sit here safe at my computer and say I'd refuse.

      But, I'd probably be arrested. I almost certainly would win; but like most folks, I've got a job that requires my presence, and wouldn't do to well with "Hi, this is Dave, I can't come in to work tonight, I'm in the hoosgaw!" So, I'd probaby wimp out and go bitch to his boss about it.

      --

      The Democratic Party: We've been pussies since 1968!

    42. Re:RTFA. by nursedave · · Score: 1

      Read it backwards. If you have this imprinted on your head, look in the mirror at what it'd say.

      --

      The Democratic Party: We've been pussies since 1968!

    43. Re:RTFA. by Erik+Hollensbe · · Score: 1

      I know that cops have a stigma, especially with the age group that primarily frequents slashdot, but it's really not that hard to work with them.

      I used to fight it too - just realize that if a cop feels that something needs to be enforced it is his job to do it - more often than not, "feeling" has less to do with it and "continued employment" has more effect on his decisions.

      If you get hostile with a cop, remember that he has to deal with this crap every hour of every day he's at work - just like those of you who work in tech support having your occasional moments of anger, the cop is human just like you and is no different - he merely wants to shut you up, and will do anything reasonable within his power (read: something that won't get him canned) to do it. I know when I used to work tech support, "accidental transfers to a dial tone" were not uncommon when I was having a particularily bad day.

      Understanding things like that will go a long way with a cop - being up front and honest goes a LOT farther that some of you might think. I've been pulled over several times when I was younger for not having insurance, and was honest every time - only when the officer pulled me over for having expired tags for the 3rd or 4th time did I get a ticket for it, because it was quite obvious to them that I wasn't going to resolve the issue.

      Seriously, just ask the police officer, if permission from the library is a problem, if you may attempt to get permission - more often than not, you'd be surprised at the result: as long as you don't dawdle about it, he'll be more than happy to comply - a lot of it having to do with the fact that if he knows it's ok, he doesn't have to bother anyone else - meaning he can go sit in the car and wait for something more important to go wrong.

      This is a prime example of what real respect is, and frankly, cops have a very negative stigma to them because they're the equivalent of the father/mother family where the father is always doing the spanking and the mother is always giving you cookies - cops aren't there to give you cookies.

      That said, there are always going to be bad apples, and in a goverment job this is easily expanded because getting rid of the bad apple is much harder. Do your best and keep your chin up, if you get one of these types, stooping to their level is really only going to make it much, much worse for you, as you've given them justification, not them.

    44. Re:RTFA. by Anonymous Coward · · Score: 0
      I believe the previous AC was only trying to illustrate that you are as dense as your .sig indicates.

      How would he know it was a "brand name" had he not already figured it out? YHBT.

    45. Re:RTFA. by nursedave · · Score: 1

      Kinda burns you up, does it? Heh.

      --

      The Democratic Party: We've been pussies since 1968!

  8. Re:no protection ? by Agret · · Score: 1

    Why would a public access point at a public library need an access key? If they had one he could have just gone inside and got it and gone back outside and wound up in the same situation.

    --
    Have you metaroderated recently?
  9. well... by Heem · · Score: 5, Insightful

    The big thing here is that he wasn't "busted" he was simply "asked" not to. If he were actually busted we'd get a chance for this to come across a judge and have a ruling.

    --
    Don't Tread on Me
    1. Re:well... by BarryNorton · · Score: 1

      Well I am neither a lawyer nor an American but here in the UK there are two stages between a conversation with a policeman and a judge (or magistrate) - arrest and approval for prosecution (here by an organisation called the Crown Prosecution Service - perhaps your District Attorney's Office is something similar).

      In any case, even without involving that second level, surely the two requirements for arrest are common: a charge and a complainant.

      This being the case, at least here, my answer would certainly have been "arrest me"! (I'd guess the 'jobsworth' had neither...)

    2. Re:well... by Anonymous Coward · · Score: 0

      If the cop had actually arrested the priest, he simply would have been detained/hassled for some time and then released without being booked.

      Sadly, no judge in the U.S. is going to be interested in the priest's story about violation of his civil rights.

    3. Re:well... by richie2000 · · Score: 1

      "Helping police with their inquiries" is a gray zone, I suspect. :-)

      --
      Money for nothing, pix for free
    4. Re:well... by Nintendork · · Score: 1
      A ruling on what? The non-existent law? In order for it to actually go to a judge, they have to charge him with something and claim that the law can be interpreted as saying that using public hotspots is illegal. From my understanding, there isn't any law that could be interpreted this way.

      If he stood up to the officer by saying there is no state or federal law prohibiting him from using the access point and were arrested, he would have been released very quickly with apologies once the police tried to look up the law they thought existed. If it were federal, the FBI would have laughed and called them idiots over the phone.

      -Lucas

    5. Re:well... by Anonymous Coward · · Score: 0

      He would be thrown in jail, spent a min of 1 night there, would have a black mark, and eventually be let out. Could be kept in there longer if they wanted too. The patriot act, (as well as many drug lawas and such) allow such abuse to happen.(such as my sister, where we are still locked in a law suit over 1 yaer old with the nevada, winnemucca police.

      Happens all the time. Welcome to america, land of the free.

  10. light and bandwidth ! by phreakv6 · · Score: 5, Insightful

    From the article: I responded, "But this is a radio signal thing -- it's not like a cable connection, it's like someone has a porch light on and I'm sitting on the bench, reading a book by their light. I'm not stealing their light."
    These are nowhere analogous,you are stealing bandwidth when u use WiFi this way,but its not the same with light which anyway is gonna illuminate the bench without an added effort to the wattage.

    --
    fifteen jugglers, five believers
    1. Re:light and bandwidth ! by Errtu76 · · Score: 2, Interesting

      I agree. Radio signals, light, are things you use but not consume (for lack of a better word, excuse my english). I know that over here in Holland there's indeed a law for this. If something is published in the ether, everyone able to receive it is allowed to do so.

      However, if you use bandwidth you're not simply using it as you would use a radio signal. Your intrusion (because that's what it is) is causing other users' bandwidth to decrease. Not only that, but you're active on a network that you shouldn't have access to, which could be considered illegal. I'm not familiar with US laws.

    2. Re:light and bandwidth ! by Alex_Ionescu · · Score: 2, Informative

      It's perfectly analogous, since if he'd be in the library (notice he has a valid library card, and this is a public signal) he'd be using the exact same bandwidth.

      Best regards,
      Alex Ionescu
      Kernel Developer, ReactOS
      http://www.relsoft.net/

    3. Re:light and bandwidth ! by Anonymous Coward · · Score: 0

      These are nowhere analogous,you are stealing bandwidth when u use WiFi this way,but its not the same with light which anyway is gonna illuminate the bench without an added effort to the wattage.

      Actually, "stealing bandwidth" is not quite correct. Say the library pays a flat rate for it's bandwidth. If the user does not cause the library to go over it's bandwidth quota, then there is nothing "stolen", just like your light example. However if it did, i.e. if by blocking the light, the person prevented something that was intended to be illuminated to not be (e.g. a sign), then isn't that "stealing" as much as forcing the library to pay more for bandwidth?

    4. Re:light and bandwidth ! by Errtu76 · · Score: 1

      except if the library's policy specificly states that you can use (wireless) internet from within the building.

    5. Re:light and bandwidth ! by Dutchie · · Score: 3, Informative

      I know that over here in Holland there's indeed a law for this. If something is published in the ether, everyone able to receive it is allowed to do so.
      --

      Ehr, 'Holland, the country' ? Coz I live there and I'm quite certain that's not the case. If you have a TV antenna here and you're receiving TV signals, you will be asked to pay 'kijk en luistergeld'.

      --
      • Imagination is more important than knowledge.

        • -- Albert Einstein
    6. Re:light and bandwidth ! by Anonymous Coward · · Score: 0

      Just like the porch light, where you're sitting on the bench reading, someone else can't sit too reading another book. Sure they can sit next to you, but if you're a large person, sitting next to you on the bench might not be an option and by the time you find that out, everyone else has found a spot sitting just plain on the porch (not specifically a bench).

      Your using the bandwidth, but if it wasn't in use earlier, than there's not really any hinderance. Now if you're using a lot of bandwidth, you may well be reducing the bandwidth someone else was using.

    7. Re:light and bandwidth ! by Anonymous Coward · · Score: 0

      Could you elaborate on how this is different? I don't see the difference in a qualitative way especially since this wasn't analogous to someone's porch light. This was a community funded light at a public library.
      The better analogy to me seems to be that a professor takes his class out onto a lawn on a Spring afternoon and a campus cop comes along and says you're killing the grass. You have to go back into the classroom. How in the fuck is this a cop's business?

    8. Re:light and bandwidth ! by Errtu76 · · Score: 1

      Yes, Holland the country. I know you have to pay for TV (and commercial radio), but i'm talking about non-encrypted non-commercial radio signals, like the amateur/HAM radio people use. I would assume the same goes for WiFi signals.

    9. Re:light and bandwidth ! by jridley · · Score: 1

      but you're active on a network that you shouldn't have access to, which could be considered illegal

      That's not the case though. He was using a network which was set up for public use, and everyone is allowed to use it for free. He was sitting in a public place, accessing a free service intended for public use, and was harassed.

    10. Re:light and bandwidth ! by Anonymous Coward · · Score: 0

      Minor nitpick: There's no country named "holland". There's a country named "the Netherlands"

    11. Re:light and bandwidth ! by Guuge · · Score: 1

      In that case it would be a violation of library policy, not a theft of bandwidth/signal.

    12. Re:light and bandwidth ! by Kjella · · Score: 1

      Are you sure it's not the same stunt the pull most places - the licence fee is for having a tuner. I.e., if you use it only for watching DVDs, or if there is no coverage where you live (it's only like 98% on terrestrial broadcasts here), you still have to pay the fee.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    13. Re:light and bandwidth ! by BorgDrone · · Score: 2, Informative
      If you have a TV antenna here and you're receiving TV signals, you will be asked to pay 'kijk en luistergeld'.

      No you don't 'kijk en luistergeld' (TV/Radio license) has been abolished for some time now, since almost everyone owns a radio or TV now, it's being payed through taxes nowadays.
    14. Re:light and bandwidth ! by Oligonicella · · Score: 1

      But, he was not playing by their rules. Did he notify them he was logging on? Did he cruise sites that were not allowed on library internet equipment? How could the librarians be sure? He was not harassed.

    15. Re:light and bandwidth ! by Oligonicella · · Score: 1

      Unless they have rules about the number of people using it at once. Then it would be theft of bandwidth/signal.

    16. Re:light and bandwidth ! by Oligonicella · · Score: 1

      The difference between stealing bandwidth and forcing the library to pay more for bandwidth is pedantic, at best. The 'patron' who caused this wouldn't be coughing up the change, would he?

    17. Re:light and bandwidth ! by deimtee · · Score: 2, Interesting

      The library was closed and the signal was still available. I would say that implies that they expect the access to be used outside library hours, and therefore outside of the library building.

      --
      I'm guessing that wasn't on their radar screen...
    18. Re:light and bandwidth ! by Oligonicella · · Score: 1

      That's an even worse analogy, not better. The class is rightfully using bandwidth. The destruction of property is not an issue in the library case.

    19. Re:light and bandwidth ! by Antique+Geekmeister · · Score: 1

      Excuse me, but the article certainly does not state what the rules of hte library *are*. They may well have accepted such external use quite happily. The cop apparently said "if he had permission" it would be OK. So walk inside, make sure you have permission, then tell the cop very politely to get a life.

    20. Re:light and bandwidth ! by Demonspawn · · Score: 1

      So, if you are the guy on the wireless laptop sitting inside the library who just happens to download the 10GB+1th bit, then you are stealing bandwith, eh?

      I take it you only use public services in the first week of the month to make sure you arn't that guy.....

      --Demonspawn

    21. Re:light and bandwidth ! by Anonymous Coward · · Score: 0
      Your intrusion (because that's what it is) is causing other users' bandwidth to decrease.

      What other users? The library was closed.

    22. Re:light and bandwidth ! by Anonymous Coward · · Score: 0
      In the Netherlands you are free to receive any and all broadcasts you desire. However, you are not permitted to decrypt any signals that are non-trivially scrambled (i.e. military) and it isn't allowed to 're-communicate' any info you receive.

      So if you hear something on your hot-shot receiver, you can't legally tell someone what you heard.

      But, as always, no one in the Netherlands really cares and everyone does as they damn well please! ;-)

    23. Re:light and bandwidth ! by pdp0x14 · · Score: 2, Informative

      I have to question your response to the light analogy. Suppose the bench-sitter is casting a shadow on something the owner of the light wants to see. Would you then say is stealing light?

      This is all very complicated.

      1. Stealing bandwidth suggests you are depriving someone of the use of that bandwidth (if they pay by the kB -- which is unlikely -- then it's theft of service, not theft of bandwidth).

      2. Connection resources are perishable -- if they don't get used, they never will. So in that case it's more like dumpster-diving.

      3. In fact, strictly speaking you are not using bandwidth per se. The analog bandwidth of the signal doesn't change with usage.

      If you are stealing anything, you are stealing something like time slots on the wire. This will slow down another user's connection if they are queued for the wire and won't if they aren't (in the extreme case, suppose you're the only one using the AP).

      The definition of "need" for the wire is slippery, because the effect will be to slow down their effective throughput, perhaps imperceptibly. If the pipe is hardly loaded or not at all, your presence is essentially irrelevant. Are you stealing power if you put a cup in a river that is serving a generator?

      Now if you're really loading the wire, say uploading a file, then it moves in the direction of theft. Quantity is quality.

      In most cases, I would say using someone's AP without their permission is more like trespassing. In the case of the library, which is a public institution, it is not even that.

    24. Re:light and bandwidth ! by Paul+Jakma · · Score: 1

      However, if you use bandwidth you're not simply using it as you would use a radio signal. Your intrusion (because that's what it is) is causing other users' bandwidth to decrease. Not only that, but you're active on a network that you shouldn't have access to, which could be considered illegal. I'm not familiar with US laws.

      The problem with this idea is that simply by turning on your 802.11b wireless NIC you'll interfere with bandwidth. If you connect to one AP (legitimately), you'll definitely interfere with bandwidth available to other 802.11 networks.

      See, that's the whole point of the 2.4GHz band, it's a public, unregulated band and we're free to transmit as we want (within power limits), whether it reduces bandwidth for others or not. So the "they're stealing bandwidth!" argument simply does not wash, because I can "steal" this bandwidth at the physical layer without ever communicating with the AP at the 802.11 layer and the AP operator can do nothing about it, because it is my right to transmit on 2.4GHz as much as anyone elses (power limits and public nuisance laws not withstanding).

      2.4GHz is free for all. The comms authorities of the world got together at ITU and decided to reserve 2.4GHz band for public, unregulated use (within power limits). The FCC in the USA and ETSI in europe (implemented by each countries radio regulatory authority) mandate 2.4GHz as public property. You have *0* right to exclusive use of 2.4GHz, it's no more yours than mine. If you want guaranteed bandwidth, you need to go licence spectrum from FCC or whatever body it is in your country (eg ComReg in mine).

      Accessing computer networks without authorisation is a different thing. It has nothing to do with bandwidth usage of the wireless network. If you access their internet connection and use that bandwidth, then yes you may be breaking a law. However, whether or not accessing an open AP counts as unauthorised network access is a different matter, and would depend on your jurisdiction and the opinion of a judge.

      Many people allow public access to their 802.11 APs, and leave them open deliberately and do not mind them being used. How do you tell which APs are open by intent and which are open accidently? Really, the only way reliable way indicator of whether public access is allowed is whether or not the AP has been configured to allow open access.

      Me, I have my APs set to use WEP (for my own clients) but to still allow open access. ;)

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  11. Look?? by Anonymous Coward · · Score: 5, Interesting

    Oh, and btw, we're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest.

    What are you advocating here exactly? That police officers are more justified to harrass some because of their look? Or that the law is less applicable to some people because of their job? With ignorant, prejudicial comments like this who needs rights eh? Let's just roundup all those who look like they may cause trouble and be done with it...

    Looks, job, race, gender, etc should have nothing to do with the law and law enforcement. Laws and rights apply to everyone equally.

    1. Re:Look?? by 808140 · · Score: 5, Insightful

      While this sort of feel good about our country not profiling people stuff is all well and good, the submitter was making a pragmatic rather than ideal point.

      The truth is, if you are scruffy looking, not white, dressed in drag, or in some other way deviant from the norm, police are more likely to harrass you. Often, they do so simply because you look deviant, rather than because there is any enforcable law being broken.

      While I appreciate your point, try to appreciate the submitter's: what he's saying is, because AKMA is supposedly very wholesome looking, the cop's motivation in telling him to use the library's wifi inside the library only could not possibly have been because he was a "hacker type". In other words, this wasn't simple harrassment. It was "for real".

      We all hate the fact that people get harrassed unfairly, but they do. The submitter is recognizing this, not advocating it. If he had said, "I got asked to move on, and I was Arab and wearing a turban", we would naturally be outraged by the cop's mistreatment of an arab man, rather than by him being told to move on, because we would assume, understanding our rights, that the only motivation the cop could possibly have had for asking the turbaned man to move on was the fact that he was wearing a turban.

      The point here is that this isn't simple harassment: it's an erosion of our rights. I think I've beaten this point to death already, I hope you understand it now.

    2. Re:Look?? by caino59 · · Score: 2, Interesting

      This is insightful? Yea...police officers NEVER profile people.

      I've never been harassed for having a Phish sticker on my car...oh wait, I have...while broken down on the side of the road - waiting for a tow truck, I wasn't even asked if I needed help. Instead I was badgered and berated, as well as illegally searched for about a half hour about how they knew I was in possession of marijuana. Once they finally realized I didn't have any illegal substances, they sped off in their car, leaving me still stranded and still never offered assistance.

      Oh yea - I'm an Eagle Scout as well as an Assistant Scoutmaster.

    3. Re:Look?? by ricotest · · Score: 1

      I think he meant that police officers are more likely to "harrass" someone because of their look. If an officer finds a newly spraypainted graffiti over some wall, and there's both a teenage kid and an elderly woman standing by it, who do you think will be assumed the criminal? It's called profiling, and it happens. Get over it.

    4. Re:Look?? by proj_2501 · · Score: 4, Funny

      From the summary:
      AKMA is an ordained priest.

      From the article:
      "It's a law, sir; if someone comes along and downloads child photography (that wasn't the exact word the officer used) and it goes through their [sc., the access point owner's] connection, that's a violation and we've had cases of that. That's a felony."

      No profiling, my ass.

    5. Re:Look?? by Anonymous Coward · · Score: 0

      Heh? What does this have to do with the price of rice in China?

      The person you were responding to was saying that we SHOULDNT be profiling like that. That everyone SHOULD be considered equal under the law. He was saying (paraphrasing) you shouldn't be profiled for having a Phish sticker.

      Why does your story have any relevance?

    6. Re:Look?? by Anonymous Coward · · Score: 0

      While this sort of feel good about our country ...

      WTF?? I don't know what country you're in and I don't care. There is no "our country" on the internet, I was talking about rights and prejudice in general. Or are you so self-centered that you think this website is only for your countrymen? Sheesh, some of you people are absolute cancer to today's society, and now you're spreading your prejudice on the internet!

    7. Re:Look?? by piquadratCH · · Score: 1
      Looks, job, race, gender, etc should have nothing to do with the law and law enforcement. Laws and rights apply to everyone equally.

      Not in the real world...a while ago, I had a little longer hair than the average guy. I got controlled by the police almost on a weekly basis, searching me for drugs and stuff (of course, they never found anything ;) ). Since I've cut my hair, they let me alone...

    8. Re:Look?? by Epistax · · Score: 5, Insightful

      Laws and rights apply to everyone equally.

      Except politicians...
      and other policemen...
      and celebrities...
      and foreign nationals.

      I'm probably missing a few groups. Then again I've been awake for about 5 minutes.

    9. Re:Look?? by Anonymous Coward · · Score: 1, Insightful

      no, that police officers have nothing better to do than harass innocent citizens cince we eliminated crime, the drivers are all obeying the traffic laws and it is 100% safe to walk on any of the city streets.

      Personally, the media needs to crack down so hard on the police that the cops are afraid 24/7.

      they are PAID to Protect and Serve... Why was this Officer screwing around and not patrolling in an area that needs him? why was he not ensuring that the complete morons that don't know what SCHOOL ZONE means when they blast through at 55mph in their audi? Why is he paying attention to someone sitting there peacefully instead of looking for criminals??

      Cops get ZERO respect from me. I see them turn a blind eye to crime every day because they do not want to be bothered to get out of their car.

      I say take away their car's and FORCE them to walk the streets in our neighborhoods and actually do their jobs.

      can you tell that I am slightly jaded?

    10. Re:Look?? by Anonymous Coward · · Score: 0

      To be fair, cancer by definition is "spreading". It's the "uncontrolled growth of cells dividing and not self-terminating like they should" stuff that puts the 'can' in cancer.

    11. Re:Look?? by bhima · · Score: 1

      I was really trying not to say that...

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    12. Re:Look?? by aldoman · · Score: 1

      This always gets me. People love to see cops on the street, even though they are not doing anything apart from 'morale building'.

      Would you prefer the officer to be walking the streets, instead of doing a sting operation on a herion dealer that has killed 20 or 50 people, ruined an area and caused thousands of burglaries? I know what I'd prefer.

    13. Re:Look?? by cammoblammo · · Score: 1
      We're also assuming that priests are wholesome looking.

      I'm not Catholic, but I am ordained in a mainline Protestant Church. And I might be good looking, but my mother in law wouldn't let me near her daughter for two years because I look way less than wholesome.

      --

      Cogito, ergo sig.

    14. Re:Look?? by mr_z_beeblebrox · · Score: 1

      What are you advocating here exactly?

      The statement was not 'advocating' anything if you read it a couple more times. It is 'implying' something. If you read it quickly it seems a bad implication, but after a couple of reads I do not think it is bad. I think the implication is that law enforcement is NOT basing their enforcement on looks (though Ashcroft personally advocates profiling and it has been declared legal).

    15. Re:Look?? by Anonymous Coward · · Score: 0

      Yeah, you missed monopolies and other big corporations and celebrities such as actors and sportsmen. And probably quite a few more.

    16. Re:Look?? by 3terrabyte · · Score: 1

      Don't bother. He's obviously too stoned to understand you.

      --

      Why are there only 19 people folding@home for slashdot?

    17. Re:Look?? by lachlan76 · · Score: 1

      Well, I'd say it's fair to assume that a priest is less likely to be breaking the law than a nerd sitting near an AP, typing quickly on a non-Windows computer. Or the angry looking guy with a bulge in his coat pocket.

    18. Re:Look?? by Anonymous Coward · · Score: 0

      Except, of course, in the real world, where real things happen and real people enforce laws. In the hypothetical world, how you look does not matter. In the real world, if you wander around a bank wearing a ski mask for a while, something unpleasant will happen to you, whether it's justified or not.

      The statement reflects reality. Yours does not.

    19. Re:Look?? by Anonymous Coward · · Score: 0

      are you sure that was due to the way you looked, and not because she was 2 years below the legal age limit? ;)

      Sorry, couldn't pass up the joke.

    20. Re:Look?? by Anonymous Coward · · Score: 0

      It doesn't matter... The fact is that America is a police state. America has a do or die mentality and this results in "do what I say or I will prosecute, sue, slap, beat, etc..." America is sorta like old-school religion: Do what we say or burn in hell/jail. Morals become irrelevant and social responsibility becomes a myth. All that is left is a bunch of people all trying to get their own way.

      It must be the only way to manage people who have been told its OK to consume as much as possible. Make a populace hungry for mass consumption and then....well you all know the rest...

    21. Re:Look?? by fermion · · Score: 1
      My take on this is a bit different. In the Christian area, even with all the anecdotal evidence to the contrary, we are always up in arms when a priest is questioned. Sure they are generally doing the right thing, but so is everyone else. It is only the exceptions that are doing really horrible stuff. Most of us are just trying to live our lives.

      We see this in intelligence investigations. The non-white or non-Christian operative is questioned, while the white operatives are left free to sell out their fellow agents and the country. We have these extravagant cases against non-white people, or non-Christian religious figures, that often end up in shambles, but cannot seem to catch the white guy that has been putting the country at risk for a decade.

      So, what the cop did either had merit or it did not. Just because the guy was a priest and not an imam or rabbi makes no difference. We know who blew up the building in Oklahoma, and who is going around the country killing doctors, and who are judging people saying they will burn forever just because these people disagree with the hypocrites personal belief systems.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    22. Re:Look?? by Sj0 · · Score: 1

      Profiling isn't really that bad, it's just like seeing that your graphics routines in a program are slow, and optimizing that rather than optimizing the disk access routines which run quickly. Some people are more likely to break the law than others. To deny that is to ignore the way things really work. It's a pain in the ass for those who don't fit the pattern, but to treat it as anything more than a result of thinking patterns formed by service in reality(rather than service in liberal fantasy land where upper class white businessmen are often involved in common crimes in bad parts of town(yeah, I know, the mob)), just like a sysadmin checking his servers before he checks his cable runs when his users can't access something.

      --
      It's been a long time.
    23. Re:Look?? by Anonymous Coward · · Score: 0

      The truth is, if you are scruffy looking, not white, dressed in drag, or in some other way deviant from the norm, police are more likely to harrass you.

      Interestingly enough, deviant from norm, includes being white in a poor black crime ridden neighborhood. The crime is "loitering in a known drug-problem area." I avoided arrest for that crime in Newark,NJ by suggesting the officer drive me home and watch me use my door keys to gain enterance to prove I LIVE "HERE". He did and I did. (I've moved since then.)

    24. Re:Look?? by Anonymous Coward · · Score: 0

      To be fair, cancer by definition is "spreading". It's the "uncontrolled growth of cells dividing and not self-terminating like they should" stuff that puts the 'can' in cancer.

      BZZZZ !!! Wrong! But thanks for playing anyway!

      Cancer by definition is "reproducing" ie "growing".
      If spreading, THEN it is ALSO "malignant"; otherwise, if NOT spreading (ie its contained), then it is "benign".

      My egg shaped, two inch diameter, benign fatty cancer was removed 30 years ago and I have not had any cancers since then.

    25. Re:Look?? by vhold · · Score: 1

      I think you entirely miss the point that part of what makes it an interesting story is that fact. His 'by the way' statement is merely pointing it out, and the way he phrased "looked like your stereotypical 'hacker'", with 'hacker' in quotes suggests that he is aware of a potentially prejudiced stereotype and it's use for potential profiling, and that in this case that profiling was not applied because a priest was targetted, basically it was pointing out a bit irony.

      You take his 'by the way' matter of fact statement all the way to point of thinking he is advocating prejudice. I think you are prejudiced by having such a knee jerk reaction on such little information. Even the assumption that he is advocating anything in the first place has no real foundation.

    26. Re:Look?? by Anonymous Coward · · Score: 0
      From the article:
      "It's a law, sir; if someone comes along and downloads child photography (that wasn't the exact word the officer used) and it goes through their [sc., the access point owner's] connection, that's a violation and we've had cases of that. That's a felony."

      <crimethink>What? You don't think the federally mandated library filters are working today officer?</ crimethink>

  12. Worrying by BenjyD · · Score: 5, Insightful

    I held up my TiBook, pointing to the zero lines in the Airport icon, and showed the officer that my card was off.
    "Why don't you just close that up, sir, or use your computer elsewhere?'

    Quite apart from the signal stealing part, isn't the fact that the cop asks him to move on a bit worrying? He's demonstrably not breaking the law and is sitting on public land. Are they just going to ban using laptops with wifi cards near any wireless point?

    1. Re:Worrying by Anonymous Coward · · Score: 0

      What the cop was thinking at this point was, "this computer user thinks he's clever by turning off his connection whenever he sees me." I blame whoever explained the law to the cop (secret service?!) not the cop.

    2. Re:Worrying by drawfour · · Score: 2, Informative

      Loitering is also a crime in most localities. Not that I'm defending the officer's actions. He just has other ways to cause issues.

    3. Re:Worrying by JaredOfEuropa · · Score: 2, Informative
      isn't the fact that the cop asks him to move on a bit worrying?
      No, it seems like fairly standard behaviour. The cop probably thought that the guy had quickly switched off the WiFi card, and suspected that it would be turned back on as soon as he left. So the cop asks the guy to leave.

      It's the same if a cop thinks you're defacing property or if you're up to other shenanigans, but he hasn't actually see you break the law so he cannot take you in or fine you. If he suspects you'll do something bad when he leaves, he will kindly ask you to move along. Happened to me a few times (don't ask).
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    4. Re:Worrying by Glonoinha · · Score: 2

      Hey, the cop asked nicely, which just goes to validate Glonoinha's Rule #61 :

      People are more likely to cooperate with you if you ask nicely and have a gun, than if you ask rudely.

      That said, why didn't the guy simply walk into the library, sit down at one of their nice tables and use his laptop on the Internet in the Library using the wifi? The cop may not have been right, but there is nothing more dangerous than a cop who is willing to be wrong.

      --
      Glonoinha the MebiByte Slayer
    5. Re:Worrying by BenjyD · · Score: 1

      I suppose that sound almost fair. But you could apply that logic to anyone in the area with a wifi card. What happens if you say no?

    6. Re:Worrying by Shadow99_1 · · Score: 1

      loitering only really applies to private places, ie resturants, stores, etc...

      Public property doesn't normally get covered under 'loitering'... It would eb awfully wierd to say, get kicked out of a library because you'd spent a few hours there.... Where as that would be wierd at most stores.

      --
      we are all invisible unless we choose otherwise
    7. Re:Worrying by djmurdoch · · Score: 4, Informative

      That said, why didn't the guy simply walk into the library, sit down at one of their nice tables and use his laptop on the Internet in the Library using the wifi? The cop may not have been right, but there is nothing more dangerous than a cop who is willing to be wrong.

      One of the followup articles explained that the library was closed at the time.

      Another one said

      The Atheneum has just now posted a policy stating that the wifi connection is available only between a half-hour after they open to a half-hour before they close, on days that they're open. The stated reasonn is "for better maintenance and operation." Case closed.

    8. Re:Worrying by not_a_product_id · · Score: 1
      What the cop was thinking at this point was, "this computer user thinks he's clever by turning off his connection whenever he sees me."

      Or he was thinking, "if I back off now I lose face." Might not have been but I've seen cops (and other folk 'in authority' react that way before.

      --

      ---
      We spoke for about a half an hour. I don't recall a thing we said. - Colorblind James Experience

    9. Re:Worrying by kent_eh · · Score: 1

      Loitering is also a crime in most localities

      Woah, we'd better get rid of all those benches in the park. At bus stops too. Obviously their main use is loitering.

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    10. Re:Worrying by ALpaca2500 · · Score: 2, Insightful

      the wifi connection is available only between a half-hour after they open to a half-hour before they close, on days that they're open.

      i dont know what kind of access point they're using, but my off-the-shelf consumer one lets me set what times it can be used... if they dont want people to use it, why do they leave the damn thing on?

    11. Re:Worrying by magarity · · Score: 1

      Loitering is also a crime in most localities

      Park benches outside libraries have NO OTHER PURPOSE than to be loitered upon!

    12. Re:Worrying by freeze128 · · Score: 1
      The cop may not have been right, but there is nothing more dangerous than a cop who is willing to be wrong.
      Have you ever heard a copy say "I'm sorry, I made a mistake. Please continue what you're doing."

      Neither have I.
    13. Re:Worrying by John_Schmidt · · Score: 1

      I was just on their website, and could find no such posting. (limiting access to 1/2 hour after opening and before closing)

    14. Re:Worrying by djmurdoch · · Score: 1

      I was just on their website, and could find no such posting.

      Remember, the writer is a priest in a one or two thousand year old religion. He may have meant "etched into stone" or "written on paper" when he said "posted".

    15. Re:Worrying by Antique+Geekmeister · · Score: 1

      And the cop was right. The article author was in the midst of probing for other networks to use and had already found two other local signals.

  13. Re:no protection ? by raikje · · Score: 5, Insightful

    It's a public, wireless network. It's nothing to do with being protected - what's to stop you connecting inside, then walking outside to enjoy the sunshine? The point was that you're only allowed to use the public, wireless network within a defined area - like suggesting you can't listen to an AM radio signal from another country because they haven't paid licencing fees in your area.

  14. Not Signal Theft by Bruha · · Score: 2, Interesting

    IIRC there have been many lawsuits upheld on the basis of if the signal enters your property it's public domain. Otherwise people could say that company was liable to pay them to access their airspace and such. That's why decoders were technically legal for so long.

    Now the DMCA makes it illegal to decode those signals.

    Now I dont understand why some landowner who owns huge tracts have not sued the satilite broadcasters for using their airspace as a transmission medium again and ask for royalties and why cities have not charged tarriffs since they're essentially getting a free ride over the airwaves. If it was fiber optics buried in the ground they'd pay.

    1. Re:Not Signal Theft by EmagGeek · · Score: 1

      The DMCA makes it illegal to circumvent encryption for the purpose of obtaining intellectual property that does not belong to you.

      It does not make it illegal to use someone else's WiFi. If someone puts up an open access point, the fact that they did not secure it is tacit authorization to use it, even if they do so out of ignorance.

    2. Re:Not Signal Theft by LousyPhreak · · Score: 2, Interesting

      Now the DMCA makes it illegal to decode those signals.

      well im surely not an expert here (and neither do i live in the states), but ist the dmca about breaking encryption?

      so if the signal was protected by a lame 64 bit wep, it would be applicable (like css and friends) but not if its unencrypted, as you are still allowed to copy unprotected (i.e not css'ed) dvds.

      --
      -- Karma: beyond good and evil - mostly affected by posting political
    3. Re:Not Signal Theft by Anonymous Coward · · Score: 0

      Now I dont understand why ... cities have not charged tarriffs since they're essentially getting a free ride over the airwaves. If it was fiber optics buried in the ground they'd pay.

      States and localities cannot make laws interfering with interstate commerce. Only the feds can. It's in the constitution.

    4. Re:Not Signal Theft by Richard_at_work · · Score: 1

      Basically because the landowner doesnt own the rights to the airspace or electromagnetic spectrum over their land, the government does. Just because you own a bit of land doesnt mean you own EVERYTHING over and under that land, in some cases yes you do (mines etc) but in others, you dont (air routes and EMS).

    5. Re:Not Signal Theft by devkM · · Score: 0

      Furthermore, the band used by WiFi networks is designated by the FCC as an open, unregulated band. I would think that this warrents doing what you want with a signal assuming A) you are on your property or are authorized to be there, or B) you are in a public place, which is by definition /everyone's/ property, and C) you arent breaking laws regarding tresspassing on someone elses network. Seeing as the network in question was a public one, C obviously doesn't apply. I just don't see how the officer could claim that there is actually a law making it illegal to connect to a Public WiFi operating on a public radio band while sitting in a public place.

    6. Re:Not Signal Theft by bhtooefr · · Score: 1

      Especially when it was INTENTIONALLY an open access point, and the person HAD AUTHORIZATION TO USE IT! (OK, OK, I didn't RTFA, but this is what I've heard)

    7. Re:Not Signal Theft by Junior+J.+Junior+III · · Score: 1

      I encrypt all my data in ASCII. Sure, it's not very secure, but it's better than broadcasting everything in clear 1s and 0s.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  15. Priest by Threni · · Score: 0, Redundant

    Being an ordained priest does not put you above the law - as Catholics are beginning to discover...

    1. Re:Priest by LiquidCoooled · · Score: 1

      Why do I suddenly get the rather disturbing image of a priest in a super hero costume with underpants outside his clothes?

      *shudder*

      --
      liqbase :: faster than paper
    2. Re:Priest by Anonymous Coward · · Score: 0

      Father O'Reilly played with your ding-a-ling did he?

    3. Re:Priest by dmforcier · · Score: 1

      "Catholics" discovered this a long, long time ago.

      It's priests and bishops that apparently need to be reminded of it.

      --
      You can't take the sky from me!
  16. So some cops are stupid and/or overzealous by Zog+The+Undeniable · · Score: 2, Funny

    Film at 11.

    --
    When I am king, you will be first against the wall.
    1. Re:So some cops are stupid and/or overzealous by ImaLamer · · Score: 1

      So some cops are stupid and/or overzealous

      Film at 11.

      I see your point, but I must also say that it doesn't seem right to me. Sure, the cop looks like a prick but that is why we make them enforce the law. We don't want to go around stepping on anyone's toes.

      Seriously though I can see the problem. The access is there for library users. It shouldn't be for whoever can get a signal. Simply put a sign up...

      Free wi-fi access inside

      The library has a right to ask people to not take the Internet with them. Not that they are losing business, I'm sure they sell almost nothing. I can see the potential for anyone to abuse it. Simply, no one should use it outside of the library because it's harder to find out who is doing what if something goes wrong. Someone downloads child porn and you lock the doors and call the police - (or something...).

      Just because the signal is strong enough for you to use it in your house next door doesn't make it right. Just because they have no WEP key doesn't mean it is in fact public... they are just making it easier for their patrons. Just because the library lends books free of charge doesn't mean that you can walk in and take one home without checking it out. There are rules and sorry - they must be followed in a civilized society.

      The fact that the guy is a Priest makes no difference either. Rules/Laws should be applied evenly, no exceptions based on background. Shouldn't the hackers get more access? "Don't worry officer I know what I'm doing."

      Just don't do it again AKMA... okay? Your making everyone here have a conniption fit.

    2. Re:So some cops are stupid and/or overzealous by Aexia · · Score: 1

      The access is there for library users.

      Which he is, dumbass.

  17. Re:Priest? So? by eric.t.f.bat · · Score: 2, Insightful

    Actually, that's a good point. We're thinking "jerk policeman picking on innocent geek", but it might have undercurrents of "jerk policemen who hates priests picking on innocent geek who is a priest". We probably need to get over the idea that certain occupations are automatically respected (priests, doctors, COBOL programmers, etc).

    In fact in this case I'm disinclined to think it was a factor; Occam's razor and all that. But it's a viewpoint to consider. Doesn't make the cop any less of a jerk, of course.

    --
    I have discovered a truly remarkable .sig block which this margin is too small to conta
  18. Oh great... by Anonymous Coward · · Score: 3, Funny

    Now that's just great, now we're slashdotting a priest....

    1. Re:Oh great... by maxwell+demon · · Score: 1, Funny

      God isn't dead. He just got slashdotted!

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Oh great... by focitrixilous+P · · Score: 1

      The gates of hell are creaking open. Satan is heating his pokers for you. Fall down on your knees and beg forgiveness!

      --
      SAILING MISHAP
  19. He still looks like a hacker by TheCyko1 · · Score: 3, Funny
    Oh, and btw, we're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest."


    He's still got glasses and wears all black. Sounds like probable cause to me.

    I'm joking, in case you can't tell.
    --
    This message was brought to you by the death of 30 brain cells.
    1. Re:He still looks like a hacker by logic+hack · · Score: 0
      Oh, and btw, we're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest."

      teh p0w3r 0f ch15t c0mp3l5 j00!

  20. Re:Priest? So? by REBloomfield · · Score: 2, Insightful

    I don't think it was a factor either, it just bothers me that people are jumping up and down and screaming about civil liberties, and adding the fact that he was a priest to it as disclaimer; the law applies to everyone, (possible not the COBOL programmers..) and even if he was Mother bl**dy Teresa, I'd expect Police to question if an illegal activity was taking place.

  21. Tell the cop to get bent! by ScottGant · · Score: 5, Interesting

    Seriously...where was this at? I read his site and didn't see where he's from.

    I smell something very fishy here BTW. He showed the cop the second time that he wasn't connecting to anywhere and yet the cop told him to move along. Move along? He was on a bench on public land just looking at his computer! The cop had no right to tell him to move along!

    Two sides to every story I suppose, but would be interesting to call the police station and get their take on it...if only I knew where this was all taking place.

    Also, where is this story reported from? The submitter of the story said "Keith Shaw, in his weekly column" yet the link just goes to an index where I can't find anything on AKMA...nor does it even show up on a search of the site!

    --

    "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    1. Re:Tell the cop to get bent! by Alex_Ionescu · · Score: 3, Informative

      Nantucket, which is an island off the coast of Cape Cod. It's mentionned once or twice.

      Best regards,
      Alex Ionescu
      Kernel Developer, ReactOS
      http://www.relsoft.net/

    2. Re:Tell the cop to get bent! by CA_Jim · · Score: 1

      The question asked ins't, "Where is NANTUCKET?" The question is "Where does Keith Shaw in one of his columns reference AKMA's random thoughts?"

      I couldn't find any Keith Shaw original posting.

    3. Re:Tell the cop to get bent! by mikechant · · Score: 1

      I once knew a man from Nantucket...

    4. Re:Tell the cop to get bent! by Just+Some+Guy · · Score: 1
      He showed the cop the second time that he wasn't connecting to anywhere

      Want to prove innocence to an officer any time you want? Copy this to $HOME, install Python and WxWindows, and add a launcher button (with an icon of a guy in a cloak with a red diagonal slash through it) so that you can open it in a hurry if you need to:

      0#!/usr/bin/env python
      0
      0# (c) 2004 by Kirk Strauser <kirk@strauser.com>
      0# License: Use it now, thank me later
      0
      0import wx
      0
      0class ImpressOfficer(wx.Frame):
      1 def __init__(self, parent, ID, title):
      2 wx.Frame.__init__(self, parent, ID, title)
      2 self.CreateStatusBar()
      2 self.SetStatusText('Law compliance mode: strictly enforced')
      2 self.textout = wx.TextCtrl(self, -1, style=wx.TE_MULTILINE)
      2 self.textout.SetValue("""\
      0Files downloaded : 0
      0Files shared : 0
      0Educational sites visited: 23
      0Adult sites visited : 0""")
      0
      0class WhiteLie(wx.App):
      1 def OnInit(self):
      2 frame = ImpressOfficer(wx.NULL, -1, "Network Behavior Analysis")
      2 frame.Show(True)
      2 self.SetTopWindow(frame)
      2 return True
      0
      0app = WhiteLie(0)
      0app.MainLoop()
      (Numbers indicate the indention level - thanks, Slashcode, for making it impossible to post Python code!)

      If his policeman was dumb enough to believe the evidence he offered, then he'd certainly be dumb enough to believe my police-friendly application.

      --
      Dewey, what part of this looks like authorities should be involved?
  22. Re:no protection ? by Luigi30 · · Score: 5, Insightful

    Or watching the Olympic coverage on the internet because NBC paid millions and don't want people to watch it without ads?

    --
    503 Sig Unavailable

    The Signature could not be accessed. Please try again later or contact the administrator
  23. Bahaha! by lewp · · Score: 1

    Take that!

    erm... Reverend.

    --
    Game... blouses.
  24. my own wi-fi story by DrSkwid · · Score: 2, Funny


    I was at a party last week and a guy is talking to my friend

    guy : "... we noticed someone was sucking our bandwidth via the wifi, cut him off, looked outside and saw a red BWM with a laptop on the passenger seat drive away"

    friend : "hehe that's him," points at me.

    busted !

    ah, the perils of wardriving.

    I thought wardriving was going to be an interesting hobby, got all the kit - wifi-card, laptop, inverter, usb gps.

    I drove 2 miles from my house to my friends and on the way discovered 30 access points along the main road !

    Turns out urban wardriving is just too easy here in the UK.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:my own wi-fi story by Anonymous Coward · · Score: 0
      To be honest, securing a wi-fi connection is an utter no-brainer.

      Not doing it is just plain stupid.

    2. Re:my own wi-fi story by Paulrothrock · · Score: 1
      I always thought my little town(ship) was a technological backwater until I started wardriving. Then I found 30 WiFi points within 2 miles of my house.

      I might start giving out high-gain omni-directional antennas so I can get free bandwidth everywhere! (j/k: I don't use other people's bandwidth without permission.)

      --
      I'm in the hole of the broadband donut.
    3. Re:my own wi-fi story by Anonymous Coward · · Score: 0

      Wardriving? You might very well have more fun dogging.

    4. Re:my own wi-fi story by Lehk228 · · Score: 2, Funny

      just set up a small DNS server for your network, which points all requests from unknown machines to goat.cx

      --
      Snowden and Manning are heroes.
    5. Re:my own wi-fi story by sharkey · · Score: 1
      a red BWM with a laptop on the passenger seat

      Did it come with a Sorny radio?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    6. Re:my own wi-fi story by Anonymous Coward · · Score: 0

      Shenanigans! How could they see a laptop in the passenger seat but fail to recognize the driver when he shows up at their party?

    7. Re:my own wi-fi story by DrSkwid · · Score: 1


      1. it wasn't their party
      2. they're on the first floor (or second storey as the USians call it)
      3. you have no imagination

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  25. Oh, I get it by leehwtsohg · · Score: 1

    stars!

  26. US CODE COLLECTION by phreakv6 · · Score: 5, Interesting

    Here is the law .Refer (a)(2)(C)

    --
    fifteen jugglers, five believers
    1. Re:US CODE COLLECTION by Dr.+Manhattan · · Score: 4, Insightful
      The most I can see that he might conceivably have done is intentionally access[ed] a computer without authorization or exceed[ed] authorized access, and thereby obtain[ed]... information from any department or agency of the United States; or information from any protected computer if the conduct involved an interstate or foreign communication.

      If he wasn't actually hacking a bank, though, it doesn't seem like he could violate a "protected computer". It seems doubtful that he "exceeded his authorized access" (a librarian would presumably be the authority on that, not a police officer). Perhaps he could have asked the librarians at that point.

      And even so, unless he visited the DMV website or something he didn't "obtain information from a government agency" anyway.

      There's no way sitting outside the library while in possession of an operational laptop could violate this law.

      IANAL, of course, etc. etc.

      --
      PHEM - party like it's 1997-2003!
    2. Re:US CODE COLLECTION by Anonymous Coward · · Score: 0

      This does not say that using the internet connection is illegal. It only talks about access to computers.

    3. Re:US CODE COLLECTION by brainee28 · · Score: 1

      This code refers to the intentional break-in of computers utilized by the United States Government. Public libraries are entities of the munincipality or state in which they reside. This law does not apply to those facilities. Furthermore, this law is concepted on the idea that it's a break-in if security has been established, and the person(s) have broken into said network. There was no security. This was public Wi-Fi access given out by the public library to it's patrons. Oh, and one last thing...The officer in question is responsible for enforcing state law. Federal offenses are handled by DHS, or the FBI. He had no jurisdiction to enforce a federal statute. IANAL, but a BS in CS (Criminal Justice)

    4. Re:US CODE COLLECTION by scaltagi_the_pirate · · Score: 1

      Shurgard Storage Centers, Inc. v. Safeguard Self Storage, Inc., 199 F.Supp.2d 1121, 1128 (W.D. Wash. 2000)

      The court greatly expanded the understanding of "protected computers" to mean any computer connected to the Internet; and also broadens the meaning of "exceeding authorized access" to using pre-existing authorization to "obtain or alter information in the computer that the accesser is not entitled so to obtain or alter."

    5. Re:US CODE COLLECTION by scaltagi_the_pirate · · Score: 1

      Shurgard Storage Centers, Inc. v. Safeguard Self Storage, Inc., 199 F.Supp.2d 1121, 1128 (W.D. Wash. 2000) The court greatly expanded the understanding of "protected computers" to mean any computer connected to the Internet; and also broadens the meaning of "exceeding authorized access" to using pre-existing authorization to "obtain or alter information in the computer that the accesser is not entitled so to obtain or alter."

  27. Theft analogies by siliconjunkie · · Score: 4, Insightful

    I'm really getting tired of these "it's like stealing..." analogies. Between the MPAA and The Airwave NAZIs, I'm beginning to wonder if people REALLY understand technology at all...

    The Airwave Nazis will say something similar to the cop in blog posting listed in the article above. Something along the lines of "It's like stealing somebodies cable or walking up and plugging in your hairdryer to the electrical outlet on the outside of their home"

    NO, it's NOT.

    The priest in the article likened it to reading off their porchlight,which is a pretty good analogy. I prefer to say that it is more along the lines of tossing your empty bottle into someones trashcan they have set to the curb without a lid (it may not be "polite" and *some* people might not appreciate it too much....but you're not "stealing" their trash service by doing so). If someone gets so upset at the idea that someone passing by might throw their empty coke bottle into their beloved garbage can, they can simply put a lid on it (which would discourage most would be bottle-throwers) or, in the analogy, the WiFi AP owner could simply turn on WEP (which would discourage most would be bandwidth users).

    Regardless of the analogy, it simply is not "stealing", no matter what some judge decided.

    Theft of service, my ass.

    1. Re:Theft analogies by Oligonicella · · Score: 1, Insightful

      Bull. He's adding load to their service without recompense. They have to pay for that, not him. What do you call that?

    2. Re:Theft analogies by CA_Jim · · Score: 1

      Trash collection isn't free. Generally the homeowner get's billed for trash and sewage. A company I worked for had the problem with other companies dumping trash in their dumpster. Thus they were billed for more trash. Not stealing garbage, but definitely adding a cost.

      Similarly, bandwidth does cost money. It isn't quite the same as a lightbulb. A lightbulb doesn't emit more photons because more people are there to see the photons. But AKFA was consuming an resource and adding to the libraries cost.

    3. Re:Theft analogies by luckyguesser · · Score: 1

      I agree with parent wholeheartedly. Plz mod grandparent down.

      --


      The power of Christ compiles you.
      A Random Blog
    4. Re:Theft analogies by eraserewind · · Score: 1
      I prefer to say that it is more along the lines of tossing your empty bottle into someones trashcan they have set to the curb without a lid (it may not be "polite" and *some* people might not appreciate it too much....but you're not "stealing" their trash service by doing so).
      You are stealing if they have to pay for the service, as many people do. You may not be stealing *very much*, but stealing you are. If 20 people dump their rubbish in their trashcan, they can't dispose of their trash for that week, and have lost their paid for service. What if they have to pay per bag? etc... all these apply to wifi too.

      If the signal enters your, or public property, then you have the right to listen to it, and they don't have any real right to complain. Secured or not, that is basically it unless you are informed otherwise by the owner however.
    5. Re:Theft analogies by Richard_at_work · · Score: 1

      The 'throwing a bottle into a trashcan' analogy is I think the best one. A single empty bottle isnt filling up the can much, but say if I dumped three or four bagfuls of rubbish into that trashcan, its now fullup, you cant put much of anything into it and in quite a few areas, trashcollectors wont take loose (or is it lose?) bags. Youve now lost out on your rubbish collection for that week. The equivilent in this would be the amount of bandwidth someone would be using, if hes using too much then I cant use it for my needs. Its a finite capacity, and while you dont actually lose anything, you are restrained from using it as you want.

      That said, it was a public access point in a public place. I dont see the problem.

    6. Re:Theft analogies by 16K+Ram+Pack · · Score: 1
      Is that like someone using a water fountain at a railway station without buying a ticket, or having a McShit (using a toilet at a McDonalds without buying a burger)?

      I can't recall a cop ever busting anyone for theft in such a situation. It's seen as the kind of issue where it's up to the store to manage themselves on the basis that "you left it open and unpriced in a public place, deal with it".

    7. Re:Theft analogies by Tiram · · Score: 1
      If someone gets so upset at the idea that someone passing by might throw their empty coke bottle into their beloved garbage can, they can simply put a lid on it (which would discourage most would be bottle-throwers)
      Or they would simply toss the bottle on the pavement or your lawn instead:)
      --
      The knuckles, the horrible knuckles!
      (I'm a girl, you know)
    8. Re:Theft analogies by siliconjunkie · · Score: 1

      if you want to call throwing a bottle in someone's garbage can "theft", then go ahead, that's fine, but a cop would most likely not say anything to you for doing it, like i said in another post within this thread...

      I stand by my initial "garbage can" analogy. Keep in mind, if someone was sitting outside my house downloading GBs of data via my WiFi, I would be upset (just like if someone was filling all of my garbage cans to the brim with junk). But if someone is making a posting to their blog, and that was it (akin to my "throwing a bottle in analogy"), I probably wouldnt care.

      And if it was going to be a problem, like if I pay for trash service by the pound, then I would most certainly put a lid on my garbage can (enable WEP/WPA).

    9. Re:Theft analogies by siliconjunkie · · Score: 1

      had the problem with other companies dumping trash in their dumpster

      THAT, is an entirely different story. If i am sitting outside of someone's house, using their bandwidth to download tons of pron, yes, that is a problem. But i was referring to one bottle (just like the priest's 20-50 kiloyte (if that) blog post).

      My analogy stands. *You* may consider someone throwing 1 coke bottle into your trash "theft", but i dont think most people would.

    10. Re:Theft analogies by Anonymous Coward · · Score: 0

      Yeah, what DO you call using a public librarys public internet access without paying? Or reading a public librarys books without paying?

    11. Re:Theft analogies by Shadow99_1 · · Score: 1

      Err to a private home (at least in the US) it's highly doubtful anyone could say that... Mostly because besides T# connectiosn most broadband access isn't metered, so they aren't paying anything more if someone accesses it... They are however legally responsible for what is accessed over that connection.

      All in all the lesson should be if you don't want other people using your wireless connection turn on WEP and other securing technologies! If you don't I consider that person to be inviting people to use their connection.

      --
      we are all invisible unless we choose otherwise
    12. Re:Theft analogies by siliconjunkie · · Score: 1

      Totally, but my point is:

      1 soda bottle in trash = 1 miniscule blog post (100k, tops)

      -and-

      Dumping bags and bags of garbage = Downloading tons of pron from some guys AP (MBs or GBs)

      A cop will most likely say something to you if you were dumping tons of garbage into some unknowing companies garbage can. But they would (most likely) not even flinch if you were simply throwing away the bottle. Same should apply for the WiFi AP.

    13. Re:Theft analogies by qray · · Score: 1

      No it's not. It would be if the porch light became dimmer as more people read by it, but it doesn't. Or if bandwidth was unlimitted.

      Imaging if you have a dozen people sitting outside sending out millions of messages containing spam. This has already happened in hotels. You're bandwidth for your real patrons and your internal network is going to be severly affected.

    14. Re:Theft analogies by thefirelane · · Score: 1

      so they aren't paying anything more if someone accesses it...

      Bzzztt... wrong. This is always the biggest fault of this argument, and I hear it often. When I pay for my connection, I pay for all the speed. If someone is using that bandwidth they are reducing my service that I paid for.

      As a hint, the "If they didn't want me using it, they should have secured it better" argument does not work either. Try applying it to anything else.


      ---Lane

    15. Re:Theft analogies by bagel2ooo · · Score: 1

      Is he a citizen of that country who pays taxes to help permit that to exist? The same thing here in CA that states that you can't smoke, I believe, is also part of the property area. He is on that public property, the public AP is on that public property.

      --
      ( o ) one could say I'm rather baked
    16. Re:Theft analogies by CyborgWarrior · · Score: 1

      Last I checked, public libraries were free?

      --
      If you can't say something nice, make sure you have something heavy to throw.
    17. Re:Theft analogies by siliconjunkie · · Score: 1

      I'm not saying it's NICE, but it's not THEFT.

      From Webster's Dictionary:

      \Theft\, n. [OE. thefte, AS. [thorn]i['e]f[eth]e,
      [thorn][=y]f[eth]e, [thorn]e['o]f[eth]e. See {Thief}.]
      1. (Law) The act of stealing; specifically, the felonious
      taking and removing of personal property, with an intent
      to deprive the rightful owner of the same; larceny.

      Note: To constitute theft there must be a taking without the
      owner's consent, and it must be unlawful or felonious;
      every part of the property stolen must be removed,
      however slightly, from its former position; and it must
      be, at least momentarily, in the complete possession of
      the thief
      (Emphasis mine). See {Larceny}, and the Note under {Robbery}.

      2. The thing stolen. [R.]

      If the theft be certainly found in his hand alive, .
      . . he shall restore double. --Ex. xxii. 4.

    18. Re:Theft analogies by JInterest · · Score: 1

      Bull. He's adding load to their service without recompense. They have to pay for that, not him. What do you call that?

      Library policy, apparently. Every person who uses that spectrum, whether they are in or out of the public library building is "adding load" without recompense. If they don't want people outside the building using their spectrum there are any number of ways to take care of that. If they don't want people using it at all, they don't provide it. Simple.

      It is evident that you didn't RTFA.

    19. Re:Theft analogies by Overzeetop · · Score: 1, Insightful

      I wish I could reply AND mod you up (I do have mod points), but I feel more inclined to disagree a bit and expand.

      The water foundatain and the McShit both cost the owners EXTRA money (in both cases increasing their water billf ro your usage).

      It's a bit more like walking into a McDonalds and wathing their CNN feed on the TV. You are taking up space in their restaurant and watching their television. They pay for their cable feed and body space by the month, not by the viewer. If you camp out at one of the tables 24/7, they won't pay any more in rent or cable bills. HOWEVER, you are reducing their POTENTIAL MAXIMUM customer capacity by one person. In a "saturated" condition, you are reducing the overall capability and comfort of the other McDonalds patrons.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    20. Re:Theft analogies by jrod2027 · · Score: 1

      Regardless of the analogy, it simply is not "stealing", no matter what some judge decided. You're right it's not "stealing", it's called unauthorized access. If the preist had been passively sniffing packets off a wireless signal then that is perfectly legal (or at least there are no laws against that yet). When you connect to someone elses network you need permission to do so. Sometimes permission is implied such as with an open wireless network. If the library decides that they only want users to access the network from within their building they can do that, and is also up to them to enforce their policy. The police officer may have been slightly confused about the law, as are many uniform officers in my experience. He said it was signal theft like if you stole from someone elses cable TV connection. Even if my neighbor gave me permission to split his cable TV connection to my house I beleive that is cable theft. There are laws that protect cable TV companies from this type of theft. Now we all know that if my neighbor wanted to share his bandwidth with me that he could do so without either of us breaking the law. So in other words... passive sniffing and you're in the clear... connect to an AP you need permission.

    21. Re:Theft analogies by Overzeetop · · Score: 1

      I would agree with you if this were a home connection or a corporate connection, but this is public access from a public library. It is "our" bandwidth, paid for by "our" tax dollars for "our" use.

      I will agree that it is likely that some limits or metering of use is desired by the library. For example, you are typically limited to check out certain books, in certain quanities, for a limited period of time, after providing your contact information via a library card. If this is the intent of the library for their wireless internet access, I would suggest requiring that patrons register their MAC address along with their physical address and phone numebrs when they get a library card. Simple filtering will suffice (That's how Virginia Tech controls their WiFi network). From the VERY sketch details, it appears as though you ARE allowed to access the network from the inside of the library from your own laptop, and therefore any content monotoring/filtering software would have to be on the server (As opposed to fixed access terminals), meaning that he would not be able to surf anywhere the library didn't want him to.

      One final note: I thought is was pretty well gorunded in case law that providers were not responsible for content flowing over their networks? Kiddie Pr0n over Verizon DSL would not result in jail time for Verizon execs, would it?

      --
      Is it just my observation, or are there way too many stupid people in the world?
    22. Re:Theft analogies by 16K+Ram+Pack · · Score: 1
      That's a good point, actually.

      In many ways the fact that people have a McShit just makes so little difference that they don't care. Without wanting to get too detailed, a little more waste product is hardly going to cost much more that someone taking an extra straw with their shake. Additionally, getting too hardnosed might make customers think twice about choosing your burger chain next time they want a snack.

      However, if McDonalds public conveniences were constantly jam packed with people using their facilities, inconveniencing their paying customers, they'd probably take some action.

    23. Re:Theft analogies by j7953 · · Score: 2, Insightful

      And you're adding load to Slashdot's service without recompense. Slashdot has to pay for that, not you. Are you a thief? If your answer is "no," please explain to me the difference between accessing a public web server and accessing a public access point.

      If technology offers a way to distinguish between offering a public or a private service (by using passwords, encryption etc. for private services), those technological means should be used.

      To try a different analogy, there are "technological" ways (design, architecture, signs) to distinguish between e.g. stores and other buildings you're not supposed to enter. If you lived in a house that looks very much like a store, has a big sign with your name above the entrance, a parking lot, and a glass door that opens automatically when someone walks by, do you believe you should still be able to sue people who enter your home for breaking in?

      --
      Sig (appended to the end of comments I post, 54 chars)
    24. Re:Theft analogies by jratcliffe · · Score: 1

      Watch your language. Regardless of what you think of the RIAA, owners of access points, whatever, I don't think any of these groups are proposing the mass murder of people using unsecured WiFi access points. Nazi is a powerful word, and you cheapen it using it in this context.

    25. Re:Theft analogies by dajak · · Score: 1
      It's like being in a shop - because it rains outside for instance - without the intention of buying anything.

      You are using a scarce resource (space) but the shop owner is clearly making it available as public space in the first place. The owner is able to control access to the resource (WEP) to signal that it is not intended for public use and chooses not to do so.

    26. Re:Theft analogies by shawn99452 · · Score: 1
      At least in my neighorhood, you have to pay extra for garbage pickup if it gets bigger than a certain size. So if this guy was downloading DVD torrents or something, he could have used enough bandwidth to push the library into their next bandwidth bracket (if that's how their service goes), which would cost the library money. Just like if thousands of people walked by my house and threw bottles in and around my garbage can, i'd eventually have to pay an extra fee on my garbage bill for all the garbage. In most cases, the guy isn't going to download that much stuff, or the library is on a fixed price service, in which case it doesn't matter how much bandwidth they use, just like MOST of the time, there aren't going to be enough people throwing bottles in my garbage to cost me anything.

      By the way, I have never heard of people throwing bottles in other people's garbage. It seems like you would have to perpetually have your garbage can near the street/sidewalk, which is illegal here. We can have them out at earliest the evening the night before pickup and the latest the morning after pickup. Maybe in a bigger city or something it's different.

    27. Re:Theft analogies by LrdHghFxr · · Score: 1

      You're analogy is completely wrong, and therefore so is your conclusion.

      Lightbulbs use the same amount of electricity, and therefore cost the owner the same amount no matter how many people are reading by the light of that bulb.

      More people using a Wi-Fi spot consumes bandwidth, meaning that less is available for the owner of the hotspot. You are using up some of the resource - that he paid for - that would not otherwise be used. If you do this without the owners permission that is theft.

    28. Re:Theft analogies by siliconjunkie · · Score: 1

      Nazi is a powerful word

      Would it have been less offensive to say "Fascist"?

    29. Re:Theft analogies by siliconjunkie · · Score: 1

      You're analogy is completely wrong, and therefore so is your conclusion.

      Actually, my analogy is spot on. Throwing the soda bottle into the garbage uses a portion of the space that is there (that we paid for), yet we would never (unless "we" were a really anal bastard) call the cops becasue someone used a little of our garbage can space.

      At no point did i say this is "okay" or "right". I said it was not "theft" Maybe it's "illegal access", or maybe its "trespassing", but it's not theft.

      Furthermore, if you consider using someones garbage can, using up a space to be theft, then fine, have your opinion, but it dosen't change whether my analogy works or not.

      So, i think what you meant to say was, "I don't agree with your conclusion, so I am going to discredit your analogy." Don't twist it around.

    30. Re:Theft analogies by Anonymous Coward · · Score: 0

      hmmm. lets try this.
      If they didnt want me to take a shortcut across the land they own, they should have at least put up a sign.

      wow. that seems to be an applicable "anything else" that it works for.

      oh and a little hint. listen to what people are saying. a sizable faction ( of which I am a part ) belives that "If they didn't want me using it, they should have secured it." Given a little time and patience I can wander into pretty much any of the wireless networks I happen to know the locations of. But I only use my own network, and the network of anyone who has not chosen to secure their network at all.

      A token, 1/2 hour to break, network is one I'm not willing to use. not because I can find a 100% unsecured network with little effort, but for the same reason I dont step over a 1 foot high "fence" to shortcut across someones property but will wander across an unfenced lawn. because I am a public minded man who hopes that the number of people who chose to show that they allow reasonable accesss/use of their network/front lawn by making no effort to block it off is greater than the number of ppl too lazy to make even a token effort at wireless security/wall building

    31. Re:Theft analogies by Shadow99_1 · · Score: 1

      Hmm well I lock my doors to potect my house, I lock my car to protect my car... In fact if I don't it's MY DAMN FAULT someone steals it. No don't lock your wireless access point, go ahead. I'll still blame you if soemone 'steals' access and it is perfectly reasonable to expect someone to...

      And you are paying for a connection that can peak at X by X amount. You may be paying for "all the speed", but since bandwidth is handled dynamically you don't 'loose' anything unless you aren't using it to begin with...

      So again secure your wireless network or use every ounce of bandwidth all the time so no one else can...

      --
      we are all invisible unless we choose otherwise
    32. Re:Theft analogies by thefirelane · · Score: 1

      Yes, I agree that the library case is different.. I was just commenting on this, because I see the same logic applied all the time to personal connections. However, just because something is a public resource does not mean an individual can use it as they see fit (Think roads, or Central Park) There are still rules governing these things, and the individuals must obey them, even if they are as asinine as "must use wireless connection inside the Library". What makes it a public resource is that it is possible for an individual to change these rules (ie voting), not that they can just do what they want.

      I think this case has no grand legal implications however... it is just a cop abusing some sense of authority that he really doesn't have

    33. Re:Theft analogies by CXI · · Score: 1

      So, you think it's ok to steal, as long as you aren't stealing very much at any one time. Nice. If I ever move in next door to you, I'll be sure to run an extension cord over to your house and steal, well, just a little tiny amount of electricity a day from you. Who cares that in a year or two it'll cost you a couple hundred dollars? I mean, I was only stealing a little tiny amount each day...

    34. Re:Theft analogies by siliconjunkie · · Score: 1

      So, you think it's ok to steal

      I didn't say that it was okay to steal.

      I'll be sure to run an extension cord over to your house and steal, well, just a little tiny amount of electricity a day from you.

      That WOULD be stealing.

    35. Re:Theft analogies by Scrameustache · · Score: 1

      They have to pay for that, not him. What do you call that?

      I call that a public library.

      --

      You can't take the sky from me...

    36. Re:Theft analogies by Anonymous Coward · · Score: 0

      So you are the reason that the RIAA and MPAA are so paranoid. Its people like you who have no self-control that always ruin it for the rest of us. If you have such a hard time keeping from stealing from people that you need the government to regulate you, please go seek some help, pleeeease!!!

    37. Re:Theft analogies by pentalive · · Score: 1

      I prefer to say that it is more along the lines of tossing your empty bottle into someones trashcan they have set to the curb without a lid (it may not be "polite" and *some* people might not appreciate it too much....but you're not "stealing" their trash service by doing so). Unless they pay for trash removal by the pound.

    38. Re:Theft analogies by Anonymous Coward · · Score: 0

      Are you retarded or just deaf?

      HE IS NOT SAYING STEALING IS OKAY. He is saying that although it may not be "right", and it may not be "okay", that posting to your blog using someone's bandwidth without permission is perhaps not quite "theft" and shouldn't be dealt with as such. Pay fucking attention you moron.

    39. Re:Theft analogies by Anonymous Coward · · Score: 0

      Mass murder is not the only or defining characteristic of Nazism. Extreme authoritarian social engineering accomplished by legal force is probably more on point.

    40. Re:Theft analogies by CXI · · Score: 1

      I said: I'll be sure to run an extension cord over to your house and steal, well, just a little tiny amount of electricity a day from you.

      You said: That WOULD be stealing.

      How on Earth can you possibly think that stealing little bits of power is any different from stealing little bits of bandwidth? You are taking something that isn't yours and that is theft, plain and simple. Just because the bandwidth isn't metered doesn't suddenly make it ok to steal it. You are still degrading the throughput.

  28. Personal audio by tuxter · · Score: 0

    IMHO, how the hell can it be possible to even be stopped for recieving radio signals? If I listen to my personal radio, is this illegal? What if I'm afflicted by this http://www.answers.google.com/answers/threadview?i d=367925 and end up recieving gibberish network traffick or radio signals?

    1. Re:Personal audio by Anonymous Coward · · Score: 0

      welcome to white amerika comrade!

      Remember to check in with the ministry of thought on your way home.

      Love Big Brother Bush!

    2. Re:Personal audio by Oligonicella · · Score: 0

      Not an issue. It was the sending.

    3. Re:Personal audio by yoder · · Score: 1

      Right now hardly any radio signals, or access points are secured, so saying you cannot use them is pathetic, ignorant crap, but still in some cases illegal. Just because we understand this technology better than a majority of people out there does not mean that our view of the issue will ever be understood or agreed to by the legal and justice system. And just because we can do something does not necessarily mean we should. The same type of arguments are going on in the biotech world. We do not see the danger in using unused bandwidth, but others see it as theft and invasion of privacy.

      Sucks to be us.

      This will not always be the case though. Eventually (and I stress that word, eventually), the law will catch up to our present technology, but by that time it won't make any difference because we will already have moved on to a new technology that will be completely misunderstood by our legal and justice system. And then we will be having this same conversation about mind control of household appliances.

      --
      "In a time of universal deceit, telling the truth is a revolutionary act!" -- George Orwell (Eric Arthur Blair)
  29. What is the libraries TOS? by Anonymous Coward · · Score: 1, Insightful

    Isn't the bigger issue here what the TOS of the library is for their internet use? If the TOS says that you have to use it within their facility, then that's that. Just because it's a public resource doesn't mean that it's a free for all and you can do whatever you want. Not that it has to make any sense obviously.

    1. Re:What is the libraries TOS? by base3 · · Score: 2, Insightful
      And how is one to know these hypothetical TOS? The FBI representative that briefed us on reporting computer intrusions said we had to have banners warning users that unauthorized access was prohibited in order to have any hope of prosecuting a perpatrator (assuming we could extradite him from China or Eastern Europe, but I digress).

      Given that there was apparently no gateway that provided such notice, I find it difficult to believe that a crime could have been established. The librarian or his/her representative was simply being a dolt, and abusing the armed force of the state to enforce what I'd lay five bucks had at least before that point been an unwritten rule, had it existed at all.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:What is the libraries TOS? by Anonymous Coward · · Score: 0

      You didn't RTFA - the library was closed, so it's highly unlikely that the librarian called the cops. The cop was being an asshole all by himself.

    3. Re:What is the libraries TOS? by base3 · · Score: 1

      How does the library having been closed change the fact that no TOS was provided to the user, and that the access point was run as a public resource?

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    4. Re:What is the libraries TOS? by 91degrees · · Score: 1

      It doesn't. But the police had no reason to be involved, unless he had reasonable suspicion that he was breaking the law.

      While it was possible that he did violate the TOS, it is just as likely that he wasn't. Given this, the officer should have given him the benefit of the doubt unless a representative of the library had specifically requested police assistance. Since the library was closed, it's unlikely that the libraian had anything to do with it.

    5. Re:What is the libraries TOS? by base3 · · Score: 1

      True.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  30. Minister by gabriel · · Score: 1

    It's not that strange that he was *asked* not to use the service outside the library, they probably wan't to keep better track of who's using it (even just for statistics).

    Encrypting wouldn't help much as they would have to give out the key anyway it being a public access point and I suspect possible solutions would be complicated in technical and financial terms.

    I don't think that being a minister means he can do whatever he pleases as it'll always be for the "good". Actually ministers can be very dangerous persons with far worst effects than many (h|cr)ackers.

    As for being an officially ordained minister, well anyone can be such a creature, just pop over to http://www.cafepress.com/subgen.8403744 and fork out $30 to the Church of the SubGenius! :)

    1. Re:Minister by 16K+Ram+Pack · · Score: 1

      But it's a library, which I would presume would mean that they want it to be a public service. What do they care if someone is or is not using it inside or out?

    2. Re:Minister by richie2000 · · Score: 3, Informative
      It's not that strange that he was *asked* not to use the service outside the library, they probably wan't to keep better track of who's using it (even just for statistics).

      Since when is it in the job description of the Police Department to help carry out statistical surveys for the local library? If the librarians want more statistics, they can simply log more traffic.

      BTW, how do you propose keeping all users indoors may help with their statistics? Is it so the librarians can look them over and make notes like "suspicious-looking priest in black with glasses and TiBook" in their little statistical notebooks?

      Encrypting wouldn't help much as they would have to give out the key anyway it being a public access point

      Yeees. Go on. Keep thinking, you're on to something here. What if it ceases to be a public access point when you turn encryption on? Since the library already had an encrypted AP too, it seems to me this one was intentionally left public and open. Hell, he even had a library card so if they had encrypted the signal and made the AP available for known users only, he would most likely have had access to the key. It would be interesting to see the incident report.

      BTW, he's not alone being questioned by police about his horrible crimes and terrorist activities.

      --
      Money for nothing, pix for free
    3. Re:Minister by lachlan76 · · Score: 1

      It's not that strange that he was *asked* not to use the service outside the library, they probably wan't to keep better track of who's using it

      But it is strange that he was told to "just close that up, sir, or use your computer elsewhere?".
      I don't see why a person shouldn't be allowed to use their own computer equipment in a public place.

    4. Re:Minister by kent_eh · · Score: 1
      As for being an officially ordained minister,..... fork out $30 to the Church of the SubGenius! :)

      Yeah, 'cause Stang looks like he's a fine upstanding citizen. I'll bet the cops never hassle anyone that looks like him.
      And he's THE preacher.

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
  31. Don't take it! by 16K+Ram+Pack · · Score: 1
    Be careful with the police. Often, their presence is enough to simply scare people into complying.

    Often, police are right, and where they are doing their jobs within the letter and spirit, I'll support them. But sometimes, they can just end up taking a position. The bit where he was told to "move along", I'd have asked the officer for his badge number, name and the law that I was infringing.

    1. Re:Don't take it! by Anonymous Coward · · Score: 0

      Then he would have asked you to see the inside of his car.

    2. Re:Don't take it! by base3 · · Score: 4, Insightful
      The bit where he was told to "move along", I'd have asked the officer for his badge number, name and the law that I was infringing.

      Then you might have "fallen" up a flight of stairs while "resisting arrest." Don't tip off a cop that you're going to report something--figure out what you can and report it when you're safely aware, so long as it's worth harassment from his colleagues whenever you happen to again cross that jurisdiction, or continually if, heaven forbid, you live in it.

      Remember, we now live in a country where failure to produce "your papers" for the police is an arrestable offense, affirmed by our corrupt Supreme Court. It doesn't pay to be excessively vocal about invoking rights that, when it comes down to it, we no longer have for all practical purposes, unless you have a martyr complex. And as we see demonstrated every day here, holding one's breath waiting for the outraged public to agitate for your release would be fatal save for the autonomous nervous system.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  32. Busted? by nwbvt · · Score: 2, Insightful

    Come on guys, lets try to have titles that are at least close to being accurate. He wasn't busted, he was asked politely by an officer (who didn't even stay to make sure he remained offline) to only access the signal inside the library. Minor difference between the two.

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    1. Re:Busted? by Nodatadj · · Score: 0

      Ahhh, the job of an editor.

    2. Re:Busted? by 16K+Ram+Pack · · Score: 1

      Why is a police officer asking someone not to do something that doesn't count as illegal or liable to cause breach of the peace etc?

    3. Re:Busted? by nwbvt · · Score: 1

      Thats why we have lawyers.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    4. Re:Busted? by 16K+Ram+Pack · · Score: 1
      Yeah, but the officer moved him on, and the guy moved. End of story.

      It's a shame he didn't get into a dialogue with the officer, really. Like "no, I think I'll stay here actually. Of course, if there's some law about me sitting here with a laptop, I'll be glad to help".

      What could he have been arrested for? And would a lawyer have had a field day with it?

    5. Re:Busted? by nwbvt · · Score: 1

      Actually he didn't move at all, he just turned off his card (apparently he didn't need it for what he was doing). ANd later he did get in a dialogue with the officer and discussed the law.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    6. Re:Busted? by Anonymous Coward · · Score: 0

      He then complied with the officer's request and disabled his WiFi card. However, he remained on the bench and continued to use his computer to edit some offline files. The officer then came back and, after being shown that the wireless card was off, asked the preist to "move along".

      No he wasn't "busted", but when any citizen i informed that he can't sit on the bench in front of a public library and use his own laptop then I see something not quite right. Once he was offline, he was using no library resources at all other than sitting on the bench.

      -- Kehvarl AC/CD

    7. Re:Busted? by nwbvt · · Score: 1
      First of all, I'm arguing that the article title is a blatant exaggeration of what actually happened, not that there is nothing wrong with the law. That is a different discussion entirely, one that we could engage in a more objective manner had the article title not been so horribly weighted.

      Second, you are the second poster I've seen to claim the officer told the priest to 'move along', so I went back and re-read the article. Nowhere did he say that the officer told him to "move along" or tell him to get off the bench. The closest he came to that was saying "'Why don't you just close that up, sir, or use your computer elsewhere,'", which emphasized an option other than moving (which is the option the priest chose). What source are you getting this "move along" shit from?

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  33. Re:Priest? So? by EnglishTim · · Score: 2, Insightful

    It doesn't sound to me like the policeman was being a jerk. From the description on the site, he was polite, if rather clueless about technology.

  34. So what? by God!+Awful+2 · · Score: 1

    I'm also an ordained priest and the law never cut me any slack.

    -a

  35. but it was closed by Errtu76 · · Score: 2, Informative

    "The library was closed at the time, or else I'd have gone ahead in to finish my surfing."

    Just a thought: if the library puts up a sign (inside ofcourse) that you can use the internet. Does it mean you can keep on using it, outside the building, after that library closes?

    1. Re:but it was closed by jridley · · Score: 1

      If they provide a public access point with the intention of letting anyone use it for free, I don't see why it matters if I'm inside or outside. If they want to keep track of who uses it, they should secure it; at least push people through a portal on their first connect from their MAC address. If they don't want it used after hours, they should shut if off. Heck, cheap Linksys routers will even let you set availability hours so you don't even have to remember to do it.

      If they were showing a movie inside and there was a huge glass window, I should be able to sit on a bench outside and watch the movie through the window.

    2. Re:but it was closed by Anonymous Coward · · Score: 0

      If the library really doesn't want people using it after hours, then they could just turn off the AP when they close. I am kinda surprised they don't do this anyways to get people to leave.

  36. Re:Priest? So? by crazyaxemaniac · · Score: 1

    I think the point in mentioning that he's a priest isn't to say the law doesn't apply to him but that he probably has a good moral character and isn't likely to be doing something malicious. That's not to say that he does have good morals but it's expected of him just because of the position he holds.

    He really doesn't seem to be doing anything illegal. If he is then this story just points out that the law is flawed and needs to be changed.

  37. Re:Priest? So? by 16K+Ram+Pack · · Score: 1

    I'd be especially worried if Mother Teresa was doing it. I'm sure there's a law about dead people operating laptops.

  38. Bad Cops by N8F8 · · Score: 3, Insightful

    Please remember the percentage of bad cops is proportionate to the percentage of bad citizens- perhaps a little higher. With little pay and very little respect from the general public, the only incentive beyond pure altruism I can see for becoming a cop is the power trip.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Bad Cops by mr_z_beeblebrox · · Score: 3, Interesting

      the only incentive beyond pure altruism I can see for becoming a cop is the power trip.

      My brother is a deputy in a small town, because he likes to drive fast and carry guns. Scary.

    2. Re:Bad Cops by base3 · · Score: 1
      the only incentive beyond pure altruism I can see for becoming a cop is the power trip.

      That, and the salary of an engineer with only a high school education. I know a few good cops, but most of them get a dopamine rush from the power, which agrees with your assessment.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    3. Re:Bad Cops by Anonymous Coward · · Score: 0

      Almost hate to agree with your post, but from what I've seen, people who become cops were never the best and brightest. Often they are people who enlisted rather than go to college after High School.

      That said, this wasn't a bad call on the cop's part. This law was made because there are ways that people can abuse the Wifi security. Just because a person doesn't look like a hacker doesn't mean that he is exempt.

    4. Re:Bad Cops by jovetoo · · Score: 1

      Be glad he is your brother...

    5. Re:Bad Cops by bladesjester · · Score: 1

      Are you kidding? That combination would make sibling rivalry (and bullying) a real pain in the arse (literally if he has you tossed in the jail)

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    6. Re:Bad Cops by soft_guy · · Score: 1

      the only incentive beyond pure altruism I can see for becoming a cop is the power trip.

      You are forgetting the lucrative bribes, protection money, ability to steal out of the evidence locker, and other perks of the job of policeman.

      What does this job pay?
      Nothing...
      D'oh!
      unless you're crooked.
      Woo hoo!

      --
      Avoid Missing Ball for High Score
  39. you _can_ tell the cops to get bent. by tuxter · · Score: 1, Informative

    here is the link to the nantucket police department. http://www.nantucket-ma.gov/departments/police.htm l Now you, yes you, can ring the Nantucket PD and spew your very own, real life, Wi-Fi related verbal flamebait at a policeman close to you. He'll be even closer once they trace your call, and bust _your_ ass for hacking into their phones by dialling them. Don't miss out on this exciting new opportunity!

  40. too easy! by RMH101 · · Score: 1

    in the UK, NTL cable broadband's shipping Actiontec wireless routers to punters with new broadband installs. No security by default, either on the wifi connection or on the router setup page. This particular type of router also logs all URLs you look at: hence by just sitting in my garden I can see what a naughty boy some guy called \\MIKE who lives nearby is - point a browser at his router's IP and away you go.

  41. Simple Defense by BobSutan · · Score: 5, Insightful

    You can't steal what's being given away for free.

    --
    "On a scale from 1 to 10, people are stupid"
    1. Re:Simple Defense by berkut7 · · Score: 2, Insightful

      Really, can't you steal books from a library?

    2. Re:Simple Defense by ChrisPee · · Score: 1

      I used that same defense last halloween, but the kids just kept crying!

  42. The real story here is that.. by SimianOverlord · · Score: 2, Insightful

    Stupid cop gets the law wrong, picks on priest, gets his own Slashdot story to himself. Obviously there is no law pertaining to laptop use in public, the priest was moved on anyway. The cop got it wrong, and instead of realising and apologising, he did what every authority figure does and simply insist he is right, period, and wait for the other person to back down.

    It probably happens all around the world every second, its the nature of law enforcement.

    --
    Meine Schwester ist sehr, sehr reizvoll - Nietzsche
    1. Re:The real story here is that.. by Lumpy · · Score: 4, Insightful

      Obviously there is no law pertaining to laptop use in public,

      not yet... just wait.

      the more people that sit passively and are privately disgusted at stories like this the more draconian laws we will get.

      If YOU dont get publically outraged, inform others and express your concern and outrage to all your government officials then you are the cause of laws like DMCA, PATRIOT, and The Public Laptop Decency Act of 2006.

      A local city councilwoman here in my town wanted to make it illegal to criticize the city council or the city it's self. except for a few people that had enough balls to go to meetings and call her "Herr Hitler" and spend their money and time informing the rest of the public that this woman wanted a law that would limit their free speech severly, it would have passed because 90% of the people that live in your town are sheep. Be the 10% that actually care and do something.

      --
      Do not look at laser with remaining good eye.
    2. Re:The real story here is that.. by Anonymous Coward · · Score: 0

      "The Public Laptop Decency Act of 2006"

      Uhhh, are you serious?

      What the fuck, man.

      I'm starting to get really sick of these euphemistic catchphrase "acts" that really have little to do with what their names actually suggest.

      "Patriot act" actually threatens those who are true patriots to their country... I can't wait to hear the explanation behind "Public Laptop Decency Act"...

      *sigh*

    3. Re:The real story here is that.. by poot_rootbeer · · Score: 1

      A local city councilwoman here in my town wanted to make it illegal to criticize the city council or the city it's self.

      Such a law would never pass a constitutionality test. So why work yourself into a frenzy into it?

  43. The real point by upside · · Score: 3, Insightful

    The policeman's conduct was perfect, he followed orders. The real point here is a federal law that stops you from using WiFi outside, or the fact that it's interpreted that way.

    --
    I'm sorry if I haven't offended anyone
    1. Re:The real point by jrod2027 · · Score: 3, Insightful

      The real point here is a federal law that stops you from using WiFi outside, or the fact that it's interpreted that way.

      There's no such law, and the officer said no such thing. What he did say was it was "signal theft". It sounds like the library has a policy in place against anyone from using their network from outside the building. The library is certainly free to put policies like this in place since it is their network, and even enforce such policies.

    2. Re:The real point by justins · · Score: 1
      The policeman's conduct was perfect, he followed orders.

      What's perfect about that?
      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    3. Re:The real point by upside · · Score: 1

      RTFA. May I quote?

      ..."but it's a new law, sir; 'theft of signal"...

      "Is this a state law?" I asked.

      "It's a federal law, sir; a Secret Service agent came and explained it to us."

      --
      I'm sorry if I haven't offended anyone
    4. Re:The real point by upside · · Score: 1

      OK, I'll bite. Bad punctuation on my part. a) He was not impolite, i.e. his conduct was perfect b) He wasn't imposing an arbitrary decision, i.e. he followed instructions In other words, never mind the fact that this dude is a priest. The significant bit is that there is a law somewhere that is being used to restrict the use of WiFi. Better?

      --
      I'm sorry if I haven't offended anyone
    5. Re:The real point by justins · · Score: 2, Insightful
      OK, I'll bite. Bad punctuation on my part. a) He was not impolite, i.e. his conduct was perfect b) He wasn't imposing an arbitrary decision, i.e. he followed instructions In other words, never mind the fact that this dude is a priest. The significant bit is that there is a law somewhere that is being used to restrict the use of WiFi. Better?

      It's not your punctuation, you're just completely wrong.

      The ability to follow orders is not the height of good law enforcement. Sometimes good law enforcement means not following the rules, ie. not arresting a 90 year old woman for too many parking tickets. Most police organizations are setup with this understood.

      Imagine a state where all the stupid and ridiculous laws are suddenly enforced because "we've got to follow orders." It's not a place you'd want to live.
      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    6. Re:The real point by richie2000 · · Score: 2, Insightful
      The library is certainly free to put policies like this in place since it is their network, and even enforce such policies.

      Yes. The problem is they haven't and they didn't. There were no signs explaining such a policy and no library-enforced rules. The policeman was not acting under orders from the head librarian to go out in the land and stop any and all bandwidth-stealing priests that may be roaming the nearby countryside. Strawman.

      --
      Money for nothing, pix for free
    7. Re:The real point by jrod2027 · · Score: 1

      RTFA. May I quote?
      ..."but it's a new law, sir; 'theft of signal"...
      "Is this a state law?" I asked.
      "It's a federal law, sir; a Secret Service agent came and explained it to us."

      Yes I did read that. I was replying to the parents comment,
      "The real point here is a federal law that stops you from using WiFi outside, or the fact that it's interpreted that way."
      I stand by my statement that there is no law that prohibits the use of wifi outside and any law enforcement officer that says otherwise is full of it.

    8. Re:The real point by jrod2027 · · Score: 1

      The policeman was not acting under orders from the head librarian to go out in the land and stop any and all bandwidth-stealing priests that may be roaming the nearby countryside.

      This is probably true that the library did not inform the police officer that someone was using their open wifi outside, but clearly the officer knew of this rule before the "incident".

      It is not as if a police officer must be told about a crime (in this case, to me, "crime" seems a little harsh) when they witness one in order to enforce the law, especially if its on public property.

    9. Re:The real point by richie2000 · · Score: 1
      This is probably true that the library did not inform the police officer that someone was using their open wifi outside, but clearly the officer knew of this rule before the "incident".

      He couldn't have known about the rule since it didn't exist. Read the Internet Access Policy on the library's website. Ain't there.

      Furthermore, the cop cited a federal law, not a library rule.

      --
      Money for nothing, pix for free
    10. Re:The real point by Anonymous Coward · · Score: 0

      The policeman's conduct was FAR from perfect. For one thing, even if this were a federal law, local policeman are not authorized to enforce federal law.

    11. Re:The real point by rjstanford · · Score: 1

      Imagine a state where all the stupid and ridiculous laws are suddenly enforced because "we've got to follow orders." It's not a place you'd want to live.

      Actually, I'd love that. That's the only thing that would actually cause these stupid laws to get off the books. That also gives police officers much less reason to arrest you.

      Sometimes good law enforcement means not following the rules, ie. not arresting a 90 year old woman for too many parking tickets.

      Actually, you've just made it arbitrary. Maybe one cop will give you a break, and one won't - based on how well their day has been going. If you don't want 90 year old women to be arrested for misdemenor bench warrants, then by all means make a law about it! That is also what prevents all (to use a random example) old black 90 year old women for being arrested (hey, its the law) and all white 90 year old women from being ignored (hey, we're giving this one a break).

      Equal, predictable enforcement of reasonable laws is a Good Thing.

      --
      You're special forces then? That's great! I just love your olympics!
    12. Re:The real point by dcam · · Score: 1

      Imagine a state where all the stupid and ridiculous laws are suddenly enforced because "we've got to follow orders." It's not a place you'd want to live.

      Imagine a stage where not just stupid and ridiculous laws are enforced, but also immoral and harmful laws. "I was just following orders" was the defense used by a lot of Nazis at Nuremburg. Once you remove common sense and appropriate selective application of the law you are walking down that track.

      --
      meh
    13. Re:The real point by justins · · Score: 1
      That's the only thing that would actually cause these stupid laws to get off the books.

      It would be an added impetus to put pressure on lawmakers to remove those laws, yes. In the interim people being arrested under those charges would suffer and contempt for the law would increase.

      Not to mention the fact that any government in which law enforcement dogmatically follows the letter of the law with no thought to who it hurts isn't going to be a government responsive to the will of the people. Such a government will, when confronted with resistance, simply increase enforcement efforts. Regardless of the merit of the laws being enforced.

      Perhaps there's some highly democratic police state in history that I'm not aware of but the two seem to me to be mutually exclusive.

      Actually, you've just made it arbitrary.

      No. You've made it somewhat reliant upon the discretion of the police. That's certainly not "arbitrary," it's just additional flexibility in the system. Another point of possible corruption, too, but on the whole it's really much better this way.

      Maybe one cop will give you a break, and one won't - based on how well their day has been going.

      Yes. And if that's one of the prices we pay for having police who don't typically behave like storm troopers, I'll take it.

      If you don't want 90 year old women to be arrested for misdemenor bench warrants, then by all means make a law about it! That is also what prevents all (to use a random example) old black 90 year old women for being arrested (hey, its the law) and all white 90 year old women from being ignored (hey, we're giving this one a break).

      That's a uniquely bad example. A bench warrant for a traffic offense might be issued for the wrong person, or without full knowledge of the person's situation or condition. There might be a frigging typo on the warrant. Given the two choices:
      1. To use the legislature to interfere with a legitimate judicial function in a manner that couldn't be terribly effective anyway
      2. To give law enforcement the discretion to disobey an order (the horror! the horror!) when common sense dictates

      I think the choice is obvious. Yes, they'll abuse this discretion sometimes, just as all bits of our government abuse their powers at times. It doesn't follow from that that you want to perfect and polish the powers of one function of government at the expense of the others, or more importantly, at the expense of common sense.
      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
  44. Loitering law by 16K+Ram+Pack · · Score: 1
    Chicago had one of those, and it was deemed as unconstitutional.

    Loitering with intent is more generally a crime, though.

    1. Re:Loitering law by Anonymous Coward · · Score: 0
      Loitering with intent

      I always thought this was a Terry Pratchett joke. You live an learn, I suppose :)

  45. Theft analogies aren't as off as you think. by Anonymous Coward · · Score: 0

    I prefer to say that it is more along the lines of tossing your empty bottle into someones trashcan they have set to the curb without a lid (it may not be "polite" and *some* people might not appreciate it too much....but you're not "stealing" their trash service by doing so).

    It might not be theft, but if I pay for trash service by the pound, you have now cost me more money. And isn't that the issue (or at least in this context). It is not a "victimless" crime if you are causing any lessening of service or increased charges on the person whose bandwidth you're utilizing. Plus the bigger issue is something along the lines of "if you leave your front door open and I come strolling in, don't take anything, read your magazines, sleep in your bed (but make sure it's in whatever state I found it) (and no, my name isn't goldylocks) does it make it not a crime since I haven't "stolen" anything. Obviously not, we have laws about tresspassing because we have the concept of peoples "property", or more correctly an entities "property" (where the entity can be a person, organization, etc).

    So you may be technically more correct by saying that "theft" is a bad analogy. So how does tresspassing grab you then?

    1. Re:Theft analogies aren't as off as you think. by siliconjunkie · · Score: 1

      So you may be technically more correct by saying that "theft" is a bad analogy. So how does trespassing grab you then?

      "Trespassing" is MUCH more accurate than "theft", but it is still not entirely accurate. It's close, but there is still something a bit more serious about a physical human being physically TRESPASSING on my pysical property than some guy posting to his blog using my WIFI. Perhaps laws will evolve, and I am not saying that there needs to be some sort of legal rules for this stuff, I am merely pointing out that the analogies being used leave A LOT to be desired and do not fairly apply to the cirsumstnaces being described. (especially coming from a law enforcement officer, in the case of this occurance).

      I stand by my initial "garbage can" analogy. Keep in mind, if someone was sitting outside my house downloading GBs of data via my WiFi, I would be upset (just like if someone was filling all of my garbage cans to the brim with junk). But if someone is making a posting to their blog, and that was it (akin to my "throwing a bottle in analogy"), I probably wouldnt care.

      And if it was going to be a problem, like if I pay for trash service by the pound, then I would most certainly put a lid on my garbage can (enable WEP/WPA).

      I am NOT one of those "if you leave the front door open you deserve to be robbed people", but I'm not on the other extreme either. Yes, unauthorized access to WiFi IS an issue, but it certainly shouldn't be categorized as theft.

  46. New opensource literature creation by SimianOverlord · · Score: 0

    Who collected his juice in a bucket...

    --
    Meine Schwester ist sehr, sehr reizvoll - Nietzsche
    1. Re:New opensource literature creation by 955301 · · Score: 1


      He put up a stand, sold the juice by the can...

      --
      You are checking your backups, aren't you?
  47. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  48. Politely? by Anonymous Coward · · Score: 0
    Politely? The cop asking him has a gun, Mace, handcuffs, a radio to get a swarm of other cops there in a less than a minute and the ability to "detain" him in a prison cell for 24 hours for simply not doing what the cop asks him to. This is America: you are not allowed to question the borderline retards that are our "police".

    Politely? Bullshit. Put down the badge and the gun and try asking again. The fucking pig even lied about the "signal theft" bit.

    Fuck the police. Maybe they should spend less time policing 802.11b access point issues and stop some real crime.

    1. Re:Politely? by JPelorat · · Score: 0

      My my, we've got some anger issues to deal with, don't we?

      --
      Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
  49. doesn't work by Fuzzums · · Score: 1

    like shareware there can be rules for free things.
    30-days trial periods for example.

    and if I don't lock my bike, you COULD take it. it's right there, but still I don't want you to. unless you're one of my friends, but that changes the rules.

    so perhaps you are allowed to use that wifi point for free... if you're a member of that library.

    --
    Privacy is terrorism.
    1. Re:doesn't work by richie2000 · · Score: 1
      so perhaps you are allowed to use that wifi point for free... if you're a member of that library.

      If you'd read TFA, you'd know that he was.

      --
      Money for nothing, pix for free
  50. revenge by whimdot · · Score: 5, Funny

    Later the same day the policeman was excommunicated for praying outside his local church.

  51. Re:Priest? So? by Jah-Wren+Ryel · · Score: 1

    It doesn't sound to me like the policeman was being a jerk. From the description on the site, he was polite, if rather clueless about technology.

    Ah, so as long as they do it nicely, it's ok for the state to violate a person's rights? If only those officers had kept their language civil, that whole Rodeny King case would never have been a problem, eh?

    --
    When information is power, privacy is freedom.
  52. Re:no protection ? by cerberusss · · Score: 1
    walking outside to enjoy the sunshine?

    You must be new here.

    --
    8 of 13 people found this answer helpful. Did you?
  53. Priest, eh? by Exiler · · Score: 1

    "Keep the sending and receiving end looking straight. We have one friend who wears a priest's outfit to ship and receive dope. In fact, every time we see nuns or priests on the street, we assume they're outlaws just on their way to the next deal or bombing." -- Steal This Book

    No disrespect meant towards (MOST) priests, just the first thing that came to mind...

    --
    Banaaaana!
  54. Loitering by Anonymous Coward · · Score: 0

    Yes, Chief,

    he was loitering on a bench in the park.

    A Nony Mouse

  55. How does one advertise a public WiFi hotspot? by teridon · · Score: 2, Interesting

    Other than physical notice like signs or TOS agreements, is there a current way to advertise "this is a public WiFi network" over the network itself? Obviously if the library wanted they could post a sign outside that said the network was public access. But what if you want to run a public spot from your house? or apartment? A sign isn't going to be seen by everyone.

    If there is no current convention, maybe it could be done by, say, sending a periodic broadcast packet on a specific port with a text message. "This network is public access" or something. Maybe there needs to be an RFC?

    --
    I hold it, that a little rebellion, now and then, is a good thing. -- Thomas Jefferson
    1. Re:How does one advertise a public WiFi hotspot? by wcbarksdale · · Score: 4, Informative

      Redirect all traffic from unknown users to a local webserver, which contains a usage agreement. After the user clicks "Accept" add their MAC address to the list of known users, and maybe remove it after 24 hours or so.

    2. Re:How does one advertise a public WiFi hotspot? by HeghmoH · · Score: 1

      There is already an existing protocol for this; if your hotspot has no password, no access controls, and "just works" for anybody who's in range, it's public.

      If you want a private network, make it private. You don't have to do a good job, but put up a crappy WEP password or add some kind of access controls to it.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    3. Re:How does one advertise a public WiFi hotspot? by Anonymous Coward · · Score: 0
      This post is just a placeholder to preempt the lame and inappropriate use of a house and unlocked door analogy by some moron.

      ~~~

    4. Re:How does one advertise a public WiFi hotspot? by Sam+Nitzberg · · Score: 1

      SSID=public
      or
      SSID=free
      or
      SSID=freewireless

      etc...

      and

      WEP = disabled

    5. Re:How does one advertise a public WiFi hotspot? by Austinite · · Score: 1

      This is the common sense position, for sure. But there is that nagging question about TOS on the Internet service. Aren't there really two problems here? One is the conflict between ISP TOSs (which are real) and the default setting of access points (most users just plug it in, they won't even know this could lead to a violation of the TOS). The other problem is the lack of legal precedents establishing the bounds of liability. The arguments about legal reception of signals don't apply to this case, because a wireless device is receiving *and* transmitting. It's the transmitting part that is the heart of the matter. A transmission is an expression of intent.

    6. Re:How does one advertise a public WiFi hotspot? by rohanl · · Score: 1
      The authors of iStumbler suggest appending ".public" to the SSID. From the FAQ:

      Why would I prefer .public networks?
      Appending '.public' to the ssid of an access point makes it clear that the network is being intentionally shared. iStumbler can be instructed to prefer these networks when Auto-Selecting and Auto-Joining are enabled.
    7. Re:How does one advertise a public WiFi hotspot? by Austinite · · Score: 1

      Fair start, but maybe not a complete solution? Imagine a car equipped with Wi-Fi, driving around town, and the car (not the driver) "wants" to connect to public access points whenever it can. The car needs an unambiguous, simple, mechanical way to determine if the access point is public. If you'd said just SSID="public" that might be OK. We might also need a general agreement that the factory default should never be SSID="public". So "public" and absence of encryption/authentication would express intent on the part of the access point owner/operator. I wonder if that would make sense to a court?

    8. Re:How does one advertise a public WiFi hotspot? by base3 · · Score: 1
      A transmission is an expression of intent.

      Precisely. And the library's AP was transmitting an SSID, and ran an open network, demonstrating its intent to offer service to all comers. Case closed.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    9. Re:How does one advertise a public WiFi hotspot? by Anonymous Coward · · Score: 0

      Or the user can just sniff a valid MAC address from the wifi traffic...

  56. A new role model by hey! · · Score: 1

    for a modern "Bells of St. Mary's".

    In the old movie, Bing was priest who was cool because he could sing pop songs. I'm thinking that a priest who uses words like "h4x0r" in his blog is a twenty-first century equivalent.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  57. How law defines theft by Slayer · · Score: 2, Interesting

    I read a story about a similar issue (just several decades ago), where someone used someone elses electric power (i.e. ran two wires from his power line). The argument back then was that nothing was stolen because all the electrons taken away were promptly returned.

    As a result the law was updated so that this particular behavior became illegal (something most of us would agree with). In this case the definition of theft had to be updated. The law did not mandate that all power line are to be buried under 10 feet thick concrete (to make them secure).

    Now we have many folks hooking up wLAN access points who don't know how to properly configure them, essentally leaving them open. I've read numerous stories about war driving/flying/biking/sailig/whatever here on slashdot.

    So most commons (who don't know how to encrypt wLAN but want an access point) will be very happy about this new definition of theft. This may lead to some funny results (as TFA helps to point out) but most of us will understand what the point of this law is and find it agreeable.

    Result: expect this law to remain and to be extended to most places. In some cases courts will have to decide whether a particular case is theft or not.

    1. Re:How law defines theft by Anonymous Coward · · Score: 0

      warbussing, i've been warbussing, didn't want that one left out, was most fun if a little odd.

  58. NOT Insightful !! NOT Informative !! by hummassa · · Score: 1

    NOT Interesting !!


    Busted: Caught breaking rules

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:NOT Insightful !! NOT Informative !! by nwbvt · · Score: 1
      Sorry Mr. Dictionary.

      Busted: 7. Slang. 1. To place under arrest. 2. To make a police raid on.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  59. fight! by sPaKr · · Score: 1, Insightful

    We need to fight this BS. IF we allow these morons to slap us down now they will claim presdent later. We need the EFF to publish when its ok and when its not to connecto a public wifi basestation. If you set up an open basestation and allow anyone to connect and dont event attempt to any security (ala wep) then you have asked people to come take part in your bandwidth give away. If you dont want to allow me acess.. ignore my 2.4Ghz signal. My radio is FCC compliant (unfortunailty) so the pigs can ge stuffed. wifi is unregulated.. if your under power they dont get a vote! Its up to them to protect their network.. not you to avoid it!

  60. Secret Service by Anonymous Coward · · Score: 2, Insightful

    No one else seems to have pointed out the obvious problem here. He was briefed on this by the Secret Service. I always thought that the Secret Service has jurisdiction over Presidential protection and counterfeiting (and other currency-related crimes) ONLY. So what is the Secret Service doing given local cops advice about WiFi theft?

    Apparently I was wrong. Looking at the Secret Service website, apparently a newer expansion of their mission covers "computer and electronic communications fraud." This would seem to make sense to me only insofar as it is an extension of their powers to investigate crimes relating to the banking and currency systems. It looks as though the Secret Service has extended their authority through aggressive interpretation of their mandate. Doesn't that bother anyone else?

    1. Re:Secret Service by Mindragon · · Score: 1

      The Secret Service has been responsible for "wire fraud" for quite a long time...like since it's inception.

      --
      Just add {In Space!} to anything.
    2. Re:Secret Service by Anonymous Coward · · Score: 0
      Doesn't that bother anyone else?

      No.

    3. Re:Secret Service by Anonymous Coward · · Score: 0
      What, you don't think the officer was bullshitting by citing a higher authority when the priest pointed out that he was wrong??

      I rather think that when the priest told the cop: a) the WiFi is off; and b) I'm not using it anymore, the cop was faced with an awkward choice. He could either try to save face somehow, or he could arrest a local priest... It seems like he chose to save face by invoking a fear-inspiring higher authority.

  61. Priest hunh? by Krusty_Klown · · Score: 0, Funny

    Since he is a Wi-Fi user is his parish the Church Immaculate Reception?

    1. Re:Priest hunh? by Anonymous Coward · · Score: 0
      Based on his reasoning that the signal paid for by tax dollars was free to the public, I'd say it's the Church of the Assumption--an inaccurate one, at that.

      ~~~

  62. Iam surprised by earthstar · · Score: 1

    Policemen are aware of lates technologies? ooh great! Even more surprising , they are up2date with tha laws governing the latest technologies.
    Iam sure this kind of awareness wouldnt be present in all countries.They may hav new laws for techcrimes, but the law enforcers would hardly hav any knowledge of the latest techs.
    bye
    P.S:
    Does any of you know if it is possible to change the font color in slashdot comments posted? i know font tags cant be used..but any cracker/hacker figured out whether possible?
    OOps!iam no hacker!

  63. Re:And you can take that further... by Mongo222 · · Score: 1

    LOL! BAndwidth utilization does not change with physical distance from the acces point. Either the packet gets there, or it doesn't. It doesn't change size as it goes.

  64. Re:no protection ? by Tim+C · · Score: 1

    what's to stop you connecting inside, then walking outside to enjoy the sunshine?

    The rules. If the library is providing the bandwidth, and ask you nicely to only use it within the library, then you have no right to not comply with the request. Sure, you can ask, and they may even say yes - but you should ask, and respect their wishes if they say no.

    you're only allowed to use the public, wireless network within a defined area

    But it's not public. It's publicly owned and funded, but it is provided for library patrons only, and then only for use within the library itself. Yes, the library could expend more time, effort and money putting technological restrictions in place to force the issue, but why should they have to?

    Look at it this way - if I leave my house unlocked, and someone walks in and steals stuff, it's still a crime. Sure, I'll have trouble claiming on the insurance, and sure, I'd have been an idiot, but the guy(s) would still be liable for prosecution, if caught.

    Just because you *can* do something doesn't mean that you *should*. Is it really that hard to abide by the library's wishes? Hell, if you do, you may even be able to use their electricity rather than run off your battery.

  65. Re:my own wi-fi story----OTT by Insipid+Trunculance · · Score: 1

    Know any near wandsworth?

    just kidding

    Seriously these days just driving around is more than enough to surf the net.I might as well ask my isp to cancel my account.

    --
    Wanted : A Signature.
  66. Re:no protection ? by Oligonicella · · Score: 1

    Libraries have rules on what their patrons can browse on the web, right? How can the ensure this if you roam around outside?

    No, AM radio is a receive-only process. Straw argument.

  67. Heh, I'm certain he was decked out.... by Eggplant62 · · Score: 1
    [W]e're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest.


    So, are we saying that this person was running around in his priestly robes or his Roman collar, or some other garb that would have made him easily identified? Last time I checked, a priest in street clothes looks just like any other Joe on the street.

    For that matter, I'm an ordained minister myself. Only cost me $30.
  68. Public Library - he paid for it. by Anonymous Coward · · Score: 0

    IANAL but,
    A public library is paid for by the people,
    if he is a tax paying citizen of the USA - he has every right to use it.

    Should he not use the roads to and from the library too?
    He is using highway 'bandwidth' by driving on the road...

  69. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  70. Exactly where "outside the library"? by bcarl314 · · Score: 3, Insightful

    My question is, was this person still on library property? I don't know about this particular library, but many of the ones I visit have an outside area to sit and read the books you just checked out. So, if he was still on the library's property, isn't he still "in the library"?

    And another thought (random as it may be) doesn't he, as a taxpaying citizen (yes church folk still have taxes) have a right to use a public access wiFi connection? After all, it's offered as a free service to the public, not just some of the public.

    Now if he was doing something malicious (hacking their server, sending spam), perhaps the police have a point, but for general use, I don't see how simply accessing a public connection is a problem.

    1. Re:Exactly where "outside the library"? by base3 · · Score: 3, Insightful
      (yes church folk still have taxes)

      Not that this has anything to do with anything, but having taken a vow of poverty, it's not at all unlikely that a particular Roman Catholic priest pays no income or property taxes (which typically support libraries). Of course, that doesn't change his standing with respect to the rights to services offered to all citizens.

      Ironically, this is my 666th comment with this account.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:Exactly where "outside the library"? by Tintivilus · · Score: 1

      having taken a vow of poverty, it's not at all unlikely that a particular Roman Catholic priest pays no income or property taxes

      Roman Catholic priests aren't required to take vows of poverty, only nuns are. I doubt in this day and age they'd be bringing in a whole lot of money anyway, but there's nothing stopping them if it's a wealthy parish

    3. Re:Exactly where "outside the library"? by base3 · · Score: 1

      Thanks--I thought all priests did as well as religious. As you've pointed out, not all do--it appears that dioscesan priests don't while priests in religious orders do.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  71. Re:Priest? So? by lachlan76 · · Score: 1

    He told him that he wasn't allowed to use his laptop in a public place, that makes him a jerk in my opinion.

  72. Where this is happening... by steveorama · · Score: 0

    Ok, I'll admit up front I didn't read the article. I did, however, do a quick google search and found that the Keith Shaw listed on this page: http://www.nwfusion.com/events/wlan/index.html is a journalist who has WiFi knowledge. If you do a reverse lookup on the contact number for the organizers at the bottom of the page it turns our that he's probably in MARLBORO, Massachusetts.

    Anybody feel like calling the cops there to find out if this is the case and what their side of the story is?
    1. Re:Where this is happening... by steveorama · · Score: 0

      Sorry to respond to my own post, but upon reading the article, I found that this sentence:

      'A few minutes ago, a police officer passed the bench where I was sitting outside the [edit: Nantucket] Athenaeum, enjoying the mild temperature and the wifi signal, and he said, "Sir, you can't use the Internet outside the library."'

      indicates that it happened in Nantucket. Looks like sometimes it does pay to read the article.

  73. Re:no protection ? by raikje · · Score: 2, Insightful

    How can the ensure this if you roam around outside?

    Same way they do it if you're sitting with your laptop in a quiet corner with your back to the wall. They can't look over your shoulder to see what you're up to, so they'd have to use technical means.

  74. Re:Iam surprised ( But not unduly) by RotateLeftByte · · Score: 1

    So we have someone stopped from using WIFI outside a public library and in a related event, another public library has stopped people from using Mobiles while inside the Library. You are in a loose-loose situation here. Welcome to the 21st Century Luddites Everywhere. Perhaps there is a case for libraries & other places that provide open WIFI access points to provide a room where general access to the WIFI net is allowed as well as permitting the use of Mobiles at the same time.

    --
    I'd rather be riding my '63 Triumph T120.
  75. library fix the problem by tr0p · · Score: 1

    If they don't want people hijacking their signal, why don't they just use some magic wallpaper on the outer walls?

    --

    My only regret... is that I have... bonitis..

    1. Re:library fix the problem by tr0p · · Score: 2, Funny
      We get signal.

      "Main screen turn on!"

      "How are you gentlemen? All your b--" EXCUSE ME SIR, YOU CANNOT USE THE WI-FI SIGNAL OUTSIDE THE LIBRARY

      --

      My only regret... is that I have... bonitis..

  76. thats quite ok by bani · · Score: 1

    she can pass any law she likes, doesnt mean its legal.

    for example, she could pass a law requiring everyone in the city to personally give her 1 dollar a day. no court would ever uphold such a law as its blatantly illegal.

    let her pass her stupid law, then sue her into oblivion. get a lot of press coverage, publically embarass her until she resigns and hides under a rock for the rest of her life.

  77. the truth is that the Officer by Anonymous Coward · · Score: 0

    wanted faster download times to himself. How else is it possible for him to get that "child photography"?

  78. Difference. by Raven42rac · · Score: 1

    I think it is perfectly fine to put conditions on the "free" wi-fi service. The condition being that you have to be inside the library. That is perfectly acceptable. If this gentleman does not want to accept those conditions, priest or not, he is wrong. This is not some big thing to get worked up about. This would be like, putting up your own satellite dish and getting the signal for free.

    --
    I hate sigs.
    1. Re:Difference. by soft_guy · · Score: 1

      You are making an assumption that they put this condition on the WiFi service at this library. I don't think we know this for a fact.

      What if he had said, "Officer, I asked for and received permission from the librarian to use the WiFi on this bench."?

      The library is closed, what's the cop going to do? Call the librarian at home?

      --
      Avoid Missing Ball for High Score
  79. This is an old issue by spiderbarker · · Score: 1

    Did someone say yet that this is just a matter of maybe amending a couple laws and educating law enforcement? Maybe. It's new. Who cares? As a practical matter, it has gotta end up being something along the lines of secured vs. unsecured resources, similar perhaps to another public space called hmmm... the web? Anything else will fail in the courts and become a mute anyway. Note however, that I would not want to be the test case myself :-) Other comments: What does airwaves have to do with it? This is a public space, where or what it is doesn't matter. Why does it matter that this guy is a priest? Or does that have something to do with the "child photography" thing? Cops make mistakes, just like, ummm...humans. They aren't lawyers. It is fair for providers to insist that customers secure their wireless hubs or not use them.

  80. Well, unnecessary laws produce confusion by hey! · · Score: 3, Interesting

    My brother in law is a civil engineer. His pet peeve is that somebody will get hurt when a porch railing collapse, and the local authorities will amend the building code to require that porch railings be built stronger. Except that the problem was that the railing didn't meet code to begin with. Then carpenters will scratch their heads and ask him whether a railing they just built is strong enough.

    His solution is the "butt test". Take the biggest guy you have on site. Stand next to him a couple feet away from the rail, and fall backwards so your butts land on the rail at the same time. If this doesn't make you nervous, then the railing is strong enough.

    This situation is pretty much analagous to a lot of cyberlaws. They're supposed to "clarify" things but all they do is create a bunch of new restrictions everyone has to learn to steer their way around. It all gets muddled up in the average person (or cop's head) to the point where they are n't sure what is legal or not. It probably never makes sense to propose a law to "clarify" anything, at least until the courts have had a crack at the situation. Prosecutors are pretty creative at finding ways to do this, and if the courts get it wrong, then it's time for a new law. Programs can be created to educate police and prosecutors on strategies for using existing laws. But that would (a) take longer, (b) appear to be more expensive and (c) doesn't sound as good. It sounds better to say "I wrote a law to stop kiddie porn over the Internet", than "I sponsored a program to teach law enforcement how to use the law against people trafficking in kiddie porn on the Internet." Create an educational program points out the (true) fact that you can't do anything directly about kiddie porn, you're one step removed from the actual action.

    I should point out reason (d), though: new laws are a chance to change the way the law works to favor one party or another.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Well, unnecessary laws produce confusion by drew · · Score: 1

      His pet peeve is that somebody will get hurt when a porch railing collapse, and the local authorities will amend the building code to require that porch railings be built stronger. Except that the problem was that the railing didn't meet code to begin with. Then carpenters will scratch their heads and ask him whether a railing they just built is strong enough.

      i would suspect that this only happens extremely rarely. I can think of two cases in the last few years in chicago where several people died or were seriously injured because of code violations. one was a deck that collapsed and landed on the people on the deck below. when a code issue is suspected to be responsible for a death or serious injury, the city should first investigate to see what was the cause of the failure and whether the code was adequade. (in the case of the collapsing deck, the deck was built to code, but there were about 3 times as many people on it at the time of the collapse as there should have been.) only if the existing code is deemed to be inadequate will they change the code. it is possible that, in your example, the railing was not up to code to start out with, but the city may have decided that even if the railing were up to code it would not have prevented the problem.

      that said, i agree that codes often end up being ridiculously arcane, and the selective enforcement of the people who give out the building permits (at least in chicago) only makes it more difficult. i do like the idea behind your brother in law's "butt test". the point should be that builders build structures that they are confident in, not that they do the bare minimum that they can to meet some more or less arbitrary building code.

      --
      If I don't put anything here, will anyone recognize me anymore?
  81. Re:no protection ? by plague3106 · · Score: 1

    No, AM radio is a receive-only process. Straw argument.

    Actually, no its not. The airwaves actually belong to the people to begin with. I believe there are rulings indicating that if something is broadcast, you have the right to receive it, which is why radar detectors are legal in alot of states. The spectrum that wifi acts in is also unlicensed, so you can broadcast without a license as well.

  82. So why the cops? by CyborgWarrior · · Score: 2, Insightful

    If this is true, then why did a POLICE OFFICER show up on the scene to ask the person to follow library guidelines? If it is a matter of a general rule, not even a local law, then the police have no jurisdiction. It could be MUCH easier to just have a sign outside saying "Library rules require that wireless access to our LAN must be done solely from within the library" or something to that affect, or else have a library personell request it (if they have this kind of an incident, a security guard for the library would be within his bounds to do what this officer did). But to have the police come to enforce a rule like this is not only ludacris, but it is borderline harassment.

    --
    If you can't say something nice, make sure you have something heavy to throw.
    1. Re:So why the cops? by alatesystems · · Score: 1

      Your post made me LOL while I was drinking a coke because of your mistake, but I felt compelled to point it out anyway.

      Ludacris is a rapper.

      And ironically, your post was ludicrous

      Chris

    2. Re:So why the cops? by Anonymous Coward · · Score: 0

      Such 'unauthorized use' could be considered trespass. The police have jurisdiction in that case.

  83. Not all unlicensed spectrum by spotteddog · · Score: 0, Offtopic

    USA amateur radio has a frequency allocation from 2390 MHz to 2450 MHz FCC Part 97.301a pdf

    802.11 2.4GHz frequencies are:
    Channel Frequency
    1 2401-2423
    2 2404-2428
    3 2411-2433
    4 2416-2438
    5 2421-2443
    6 2426-2448
    7 2431-2453
    8 2436-2458
    9 2441-2463
    10 2446-2468
    11 2451-2473

    So any 802.11b channel other than channel 11 overlaps licensed spectrum. The implications are:

    1. any 802.11 user who causes interference to a licensed amateur radio operator must stop causing interference even if it means turning off the device

    2. Licensed amateur radio operators could build some high power wireless networks for amateur radio use as long as they only use channels 1 thru 6 and follow the FCC regulations governing amateur radio.

    --
    . there used to be a sig here.....
  84. The intent was correct... by AetherBurner · · Score: 3, Interesting

    Cellphones work on the assumption that the radio frequencies used are to have the same operative security from snooping as wireline communications. This is one of the reasons that radio scanners have the cellphone frequencies blocked out. Computer networking relies on wireline transport. Wi-Fi transport is relatively new. Even though the signal passes through the walls and outside, if the operational policy of the library (run by the city or county), who runs and maintains the AP, states that you have to be within the physical building to use the services, they are within their right to ask the local gendarme to ask the errant user to quit. Since they would have the ability to control who plugs in a ethernet cable into a public router, the same idea here should apply here to the wireless side. AFAIK, the FCC has not transported the cellular telephone privacy idea to Wi-Fi. It would be interesting to see if some deep-pockets spread some dead-president lubricant on the FCC to enact the philosophy or worse yet, having Wi-Fi ports be licensed with the usual outrageous wallet tapping. If those thieves do that, then I drop my Part 15 operation and switch over to Part 97 operation using VPN.

    1. Re:The intent was correct... by Anonymous Coward · · Score: 0

      Library policy or not, the cop explained to the priest that is was a "new federal law" that prohibited whatever the cop thought the priest was doing. And anyway, the library was closed, so it's unlikely that the librarian called the cops. And the library has an encrypted WAP as well as the open one the priest was using, which indicates that the library have a reasonable grasp of the technology.

  85. Not the library .... by gstoddart · · Score: 4, Insightful
    Against the rules? Yes. If the library, public library, has a rule against people using the wi-fi access outside the library's building... then sure they have that right to ask anyone who is breaking the rule to leave/stop using the wi-fi.


    Ah, but the key thing to remember here is that it was not an agent of the library. It was not even in response to an agent of the library.

    A uniformed policeman who had been told by the secret service that "theft of signal" was a new form of crime. Said officer informed this individual that he was committing a crime and needed to move on.

    The article doesn't even say if the library thinks their open wi-fi should be accessible to people sitting on that particular park bench.

    This is not a case of violating the rules of the access point. This is a case of someone deciding that the entire category of hooking up to a wi-fi point is a crime and informing the person they were in violation. To the point that using a computer in a vicinity of a wi-fi without actually using the wi-fi is cause to be moved along.

    Any arguments about the library being able to enforce their own rules are mostly irrelevant since we have no idea what the libraries rules/stance on this actually are. [OK, in some of the follow up posts they posted rules about when they'd have the access point open ].

    Cheers
    --
    Lost at C:>. Found at C.
    1. Re:Not the library .... by MarkGriz · · Score: 1

      A uniformed policeman who had been told by the secret service that "theft of signal" was a new form of crime. Said officer informed this individual that he was committing a crime and needed to move on.

      Did anyone else read that as un-in-formed?

      --
      Beauty is in the eye of the beerholder.
  86. Re:Priest? So? by The+Almighty+Dave · · Score: 1
    Ah, so as long as they do it nicely, it's ok for the state to violate a person's rights? If only those officers had kept their language civil, that whole Rodeny King case would never have been a problem, eh?

    I'm pretty confident that beating people is considered impolite in most places.

  87. IANAL, IAAUSC with the inherent responsibilities by Zero__Kelvin · · Score: 2, Insightful


    I am not a Lawyer, but I am a US Citizen with the inherent responsibilities that entails. (I posted a comment to the following effect in reply to Akma's thread)

    Akma passed up a slow ball thrown by God in the game of Good vs. Evil on this one. As my good friend Henry Davis Thereau would have been quick to point out, a bit of Civil Disobedience was called for and quite appropriate here. This is exactly the kind of situation that could have resulted in a nationally publicised arrest that resuts in exposure of the Law's absurdity and education of the masses that might ... just might ... force the out of hand legislators to clean up their act somewhat. His reaction, IMNSHO, was selfish and self-serving.

    I have noticed a large number of people arguing about Akma's analogy regarding the porch light and claiming that a person standing in the light doesn't take up any bandwidth. Really? Perhaps these people have never noticed a shadow? Even in the case of a light directly overhead, if one looks within themselves for the answer so to speak, they will realize that they are eating up light bandwidth in the geophysical location they occupy. Bits and people move at different rates to be sure, but wherever the [person as bit] goes, there they are, eating up light bandwidth!

    If noone else needs to stand where I am when I'm there, does it effect anyone that I am eating up that bandwidth. Things get complicated and philisophical from here, but it should be reasonaby clear that his analogy holds quite well to those who couldn't see it before at this point.

    Of course, being a preist accused of possibly downloading child porn, perhaps he had good reason to throw his civil rights out the window and bow and pray to the powers that be (just a rhetorical comment to make my point Akma, and I realize that you are not Catholic.) The point is this ... maybe he doesn't look like a hacker, but if he does look like a Christian religious figure-head, perhaps the copper was doing a bit of profiling. Nantucket is part of Massachussetts ... home state of Cardinal Law and the Catholic child molesting scandal.

    This would have made such a great case on so many levels, I can only hope he has what it takes to go back there, throw open his laptop, and wait for a cop to try it again so that he can tell the him or her to go fsck himself ... as politely as possible, of course!

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  88. actually thanks to HBO in 1981.. by soloes · · Score: 5, Informative

    if this was in the USA, actually thanks to HBO in 1981 it is NOT illegal the officer was completely wrong. the law is very clear on this. It is not illegal to take any signal out of the air. it is however illegal to decrypt a signal. That is why HBO ended up having to scramble their signals. They were sueing provate satellite dish owners and manufacturers for copyright infringement. The US supreme court held that if it was not encrypted, it was indeed public domain.
    Secondly, the FCC has detemined certain channels to be public use. the 2.4 gig range used by WI/Fi is among those.

    --
    New and improved Guilt. Now its alcohol soluble!
  89. Library Wifi laws by g0bshiTe · · Score: 3, Insightful

    So from the article I assertain that:
    a) our friend the priest was accessing a PUBLIC WIFI AP
    b) it was from a Library offering PUBLIC NET access
    c) it is illegal (according to Boss Hog) to access a PUBLIC ACCESS spot (even though the range allows you to) from outside that building.
    You know it makes me wonder, how many of these laws are real. The articles author could have hopped into the library to look it up. It would not at all surprise me to see that no law exists concerning Public WIFI AP's.
    Ok true people have dl'd kiddie pr0n on other peoples bandwidth but still. The ones doing that aren't going to stop because now it's a Federal Law.
    I would have searched for that law. Printed it out and had I found nothing even remotely close. I would have told Boss Hog he was harrasing me and to shuffle his way down to Dunkin Donuts.
    I am not one who hates Police and thinks they are all "The Man".
    They are there for our protection, and I applaud them for the job they do.Yet I also wonder how many of them, create these imaginary laws and tell people well it's a such and such law you cant do this. People may argue, but like the blog stated "you can explain it to the Cheif if ya like", so he has threatened to arrest this Priest on possibly an imaginary charge. My bet would be that if the Priest did not cease and he went before the Magistrate it would have been something completely different than accessing a public wifi spot outside a library.

    --
    I am Bennett Haselton! I am Bennett Haselton!
    1. Re:Library Wifi laws by Anonymous Coward · · Score: 0

      Frankly, I try to minimize my exposure to law enforcement officials and when I do have exposure tend to be as polite as possible - too many things can go wrong and against you in a hurry. Especially, if, like me, you are not a professional arestee.

      If he had been arrested, he most likely would have been charged with failing to obey an officer or some similar charge.

      Unless you have the resources for a very good lawyer or can convince the ACLU to take up your cause, I personally think that without overwhelming evidence in support of your position vs. the Police Officer's - you lose. And depending on what you do for a living, even winning can result in you losing.

      While there are a variety of laws (State, Local and Federal) that govern accessing private networks and hacking, etc., this is after all a Public Library that apparently is providing open access to people using the Library.

      Yes, he was sitting outside on a bench using a laptop while the Library was closed, which doesn't necessarily classify him as a "user of the Library", but I don't find it beyond the bounds of reasonabilty for him to feel that it is appropriate to use the network, even if he didn't have a Library card. The network is deployed as a public access network.

      What visual evidence, other than him having and using a laptop, which by the way has wireless access (how would the officer know without some physical investigation of the laptop), while sitting on a bench next to the Library does the officer have to justify probable cause that a crime is being committed?

      After all you would have to hope that he would have to justify his probable cause for the initial contact for a prosecutor to gain any access to the logs maintained by the Library (if any are maintained) - of course that may be dependent on the good defense lawyer.

      Personally, I think there is more to the story than is available to us - possibly some prior incident at the bench? Also, my recollection of the story as told, has the cop waffling a bit on his reasons.

      First it's you can only use the library's wifi service while in the Library (but I would expect that the Library would have to complain about a wireless interloper before the police should get involved), then it is a new theft of signal law, then it's a mention of scum of the earth activity (a Felony, scary stuff) then it is a new Federal Law related to theft of signal (which while it sounds scary would seem to raise jurisdictional issues for the officer).

      The story gives me the impression that the officer rousted AKMA due to the suspected use of the Library wifi network, then when AKMA didn't leave, the officer ratcheted up the potential situation to make him uncomfortable and force him to leave.

      As I implied above, law enforcement doesn't proactively ferret out theft of signal culprits, service providers do and then notify the law enforcement who then take the requisite actions.

      Of course, as I always say there are three sides to every story - my side, your side and the truth - and that doesn't mean to imply that someone is telling intentional mistruths.

  90. What could possibly go wrong? by mr.+methane · · Score: 1, Interesting

    I gotta go with the cop on this one. Ya, the wi-fi leeching is probably not illegal, but it is using a free public service in a way that was not intended.

    But the idea of a priest hanging around a parking lot with all those kids coming and going...

    Seriously though, he wasn't "busted". He has not been whisked away by a black van filled with ski-masked villians to a classified prison. He wasn't even arrested. Hell, he didn't get a freaking parking ticket. A lone cop allegedly asked him to stop doing something which may or may not have been illegal, perhaps as an excuse just to engage him in conversation and make sure he was on the up-and-up.

    Someone re-file this under "Whining About Trivial Annoyances", and leave YRO for the occasional legitimate problem.

    1. Re:What could possibly go wrong? by PaperTie · · Score: 1

      How can it possibly be illegal? If it would have been perfectly OK for him to do it inside the building, what does it matter that he's on the other side of some wall?

    2. Re:What could possibly go wrong? by RCO · · Score: 2, Insightful
      Someone re-file this under "Whining About Trivial Annoyances", and leave YRO for the occasional legitimate problem.


      Actually, that's called harassment. If it's illegal, then do something about it, but if it's not then the officer is not justified in harassing the man for doing what he was doing. Oh, and it doesn't matter if the guy was a priest or anything else, the law isn't supposed to be on a sliding scale.

      But the idea of a priest hanging around a parking lot with all those kids coming and going...


      If the officer had some reason to suspect that he was checking out the kids, he should have gone after him for that, rather than just harassing him for something unrelated. Quit making excuses for the cop.

      Ya, the wi-fi leeching is probably not illegal, but it is using a free public service in a way that was not intended.


      I never saw anything in the original article about this last week where the intended usage of this service was really covered. The library provided an open access point for it's patrons to use and I don't remember there being any indication of them forbidding anyone to use that access point outside the building. So unless you would like to find out what the intentions are I suggest opinions not be thrown out here as fact.

      Basically it is an article about a cop on a power trip. Granted, we have only seen one side of the argument and there may have been some reason for the officers actions, but be careful of assuming that the guy was doing something wrong just because the officer gave him a hard time.
      --
      'And all the monkeys aren't in the zoo Every day you meet quite a few...'
    3. Re:What could possibly go wrong? by Anonymous Coward · · Score: 0
      using a free public service in a way that was not intended.

      What, you mean using the library's free bandwidth from outside the building instead of from inside?? Because that's exactly what the WiFi was for - public use by library patrons, of which the priest is one, as his library card testifies. Unfortunately the library was closed, or he could have introduced the cop to the librarian and started a discussion about rights. The library also has an encrypted WAP, so it's not like they just tossed a WAP on the net without realising it was public.

    4. Re:What could possibly go wrong? by mr.+methane · · Score: 1

      Dunno. Maybe trespassing, loitering, who knows.

      In any case, my point was simply that this sounds more like something that would best be solved by the parties involved, perhaps with a friendly phone call. The headline ".. Busted for using wi-fi" seems a bit excessive for the circumstances.

  91. In Japan... by ThreeDayMonk · · Score: 2, Informative

    Apple don't own the "AirPort" trademark in Japan; it's owned by another company, IO-DATA. Apple's wireless hardware is therefore marketed as the "AirMac" range.

    In fact, the very laptop on which I am typing this is an iBook with a Japanese-issue Air(Mac|Port) card. The US model gets 11 channels, the EU 13, and the Japanese version can utilise all 14. Not too bad!

    --
    If your comment title says 'Re: Foo', I'm not likely to read it.
  92. Welcome To your New Police State by Anonymous Coward · · Score: 0

    This is just the beginning. See our "rights", held up so highly in plain view by the present pundits and politicians, be slowly destroyed by terrorist rhetoric.

    Please be sure to speak out BEFORE they slap the cuffs on you, or you'll never be heard.

    Stop the present administration ANY WAY YOU CAN, and preserve that which it means most to be American, namely our FREEDOMS.

    IF YOU DON'T VOTE,YOU ARE VOTING FOR SUPPRESSION AND IMPERIALISM.

    1. Re:Welcome To your New Police State by Rengi_Neer · · Score: 1, Informative

      Ideally, Bush should be arrested and sentenced to prison for life. But we do not live in an "ideal" environment. It seems that nearly half of America is suffering from the Stockholm Syndrome, or the "Benevolent Dictator Syndrome. In 1973, four Swedes held in a bank vault for six days during a robbery became attached to their captors, a phenomenon dubbed the Stockholm Syndrome. According to psychologists, the abused bond to their abusers as a means to endure violence. The Stockholm Syndrome is an emotional attachment, a bond of interdependence between captive and captor that develops 'when someone threatens your life, deliberates, and doesn't kill you.' (Symonds, 1980) The relief resulting from the removal of the threat of death generates intense feelings of gratitude and fear which combine to make the captive reluctant to display negative feelings toward the captor or terrorist. In fact, former hostages have visited their captors in jail, recommended defense counsel, and even started a defense fund. It is this dynamic which causes former hostages and abuse survivors to minimize the damage done to them and refuse to cooperate in prosecuting their tormentors. "The victims' need to survive is stronger than his impulse to hate the person who has created his dilemma." (Strentz, 1980) The victim comes to see the captor as a 'good guy', even a savior. Denial of terror and anger, and the perception of their victimizers as omnipotent people help to keep victims psychologically attached to victimizers is the form prevalent in the US, but in this case, Americans have learned their true opressors:: their own government. High anxiety functions to keep victims from seeing available options. This is why there are frequent "terror alerts"... Psychophysical stress responses develop, such as Bush love.

    2. Re:Welcome To your New Police State by member57 · · Score: 1

      You are an idiot.

      --
      If Kerry was the answer, it must have been a stupid question.
      The UN - The largest "political" cause of death.
    3. Re:Welcome To your New Police State by gcaseye6677 · · Score: 1

      Yea, because there's no such thing as terrorism. It was fully made up by Bush and Asscroft to keep you scared. Osama Bin Laden was made up too, and 9/11 was just a structural failure of the buildings. Must be a nice little dream world to live in.

    4. Re:Welcome To your New Police State by Anonymous Coward · · Score: 0

      Goddammit.

      I just want to live in the country they fucking taught me about in school, instead of this place.

      The problem with democracy is not that you get the government you deserve, it's that *I* get the government *YOU* deserve.

      I hate you all.

  93. So Arrest me. by AUsBandit · · Score: 1

    Library = Public Building Library WiFi = Public WiFi Priest = Public Ok so just tell the officer you are paing for it.

  94. Bad analogies galore.... by Anonymous Coward · · Score: 0

    Well, these posts certainly show that people can come up with enough bad or improper analogies to "prove" how wireless access compares to tangible property.

    It's easy to come up with pointless analogies. For example, I was in an art museum with pamphlets that describe the work in each gallery. Some of the bins were marked "Free - take one", some were marked "Please donate 50 cents", and many were not marked at all. Most times, in our society, pamphlets are free - but not always. Should one presume that the unmarked ones are free, not free, or do you always have to ask first?

    The fact is, most computer-based resources (wifi, windows file sharing) offer somewhat weak but clearly available access control mechanisms (passwords, WEP encryption, MAC based filtering, splash page with terms and conditions, etc). In these cases, I would argue that choosing not to use an access control mechanism is tantamount to making access public BECAUSE unsecured access was designed to allow public access.

    Another unclear analogy would be, do you always look for a sign saying "This store is open and you are welcome to enter" before shopping? Chances are, if it's the middle of the day, you just go in. You wouldn't try to pick the lock, but if the door is open and the lights are on, you would presume you are welcome to enter.

    Take a look, for example, at Windows File sharing in XP. I have no sympathy for people who distribute viruses and worms to break into computers and steal data. But I also have no sympathy for someone who says "hey, I didn't know all my files were out in the open" when they had to click through four or five windows saying "This will allow other people to see your files!" to do that - particularly since public file shares are such a useful feature that people will often intentionally want to use. Same for wifi - it's now a mature technology. There's no excuse to not set it up properly for what you intend to do with it.

  95. A watch and listen fee - Schau- und Horchgeld! by Anonymous Coward · · Score: 0

    More often than not, the Dutch language reveals its bastard origins as a mere dialect derived from German and English:

    "Kijk en luistergeld"

    Kijk -> Guck(German) (colloq. for Schauen)
    en -> und(German), and(English)
    Luister -> Listen(English)
    Geld -> Geld(German)

    which means "kijk en luistergeld" is a "Guck und Hoergeld" which would, properly germanized, boil down to "Schau- und Horchgeld", which translates to "Watch and Listen Fee". Nowadays no anglosaxon would actually describe a concept like that with words like these, but when I switch to German thinking mode, I kind of like the sound and I can feel my how my right arm becomes lighter and lighter and starts automatically to rise up to a perfect 45 degree angle: It sounds so 3rd Reich.

    Except for the pronounciation, Dutch really is such a trivial language if you speak both German and English. Dutch should be done away with altogether and coming generations inhabitating this flat land region on the coast of the Northern sea should be taught either proper German or English.

    1. Re:A watch and listen fee - Schau- und Horchgeld! by Teun · · Score: 1
      You're a bit off base, modern German is the deviant language because present Dutch is arguably closer to the common ancestor.
      English is gramatically a Germanic language but is through the centuries "poluted" by Latin and French vocabulary, a strange mix indeed!

      And your 45 degree pun is considered distasteful both in Germany and The Netherlands.

      More on topic of the OP: in The Netherlands you are free to receive anything you can/want but you are not supposed to share information that is not meant for the public (like police radio).

      The annual charges for the privilege to watch TV and listen to radio have been abolished several years ago and the funds to finance the public broadcasters are now taken from general taxation.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  96. Re:no protection ? by Anonymous Coward · · Score: 0

    I've been following your uninformed drivel throughout this discussion, and I think it's time you admit you have no idea what you're talking about, you are obviously not a technical person by any means, and you are probably making your posts using AOL Broadband because the real internet is too scary for you to use. Do us a favor and get off of slashdot so we don't have to read your uninformed bullshit anymore.

  97. Informative? No, FLAT OUT WRONG. by Medievalist · · Score: 1
    You mean similar to the whole "Walkman" thing?
    Did you ever notice that only Sony is allowed to call their walkman's a walkman?
    Anybody can call their personal stereo a walkman, because Sony didn't defend the name vigorously enough - thus joining xerox, kleenex, and linoleum in the common lexicon.
  98. Case closed by duncanatlk · · Score: 1

    If you read further on his site, on August 25th, he posted;

    The Atheneum has just now posted a policy stating that the wifi connection is available only between a half-hour after they open to a half-hour before they close, on days that they're open. The stated reasonn is "for better maintenance and operation."
    Case closed.

    FWIW I think the cop was in the wrong, and AKMA did the right thing by not causing a fuss.

  99. The Missing 11th Commandment by Anonymous Coward · · Score: 0

    Thou Shalt Not Steal Bandwidth

  100. Why did I get into this? by ImaLamer · · Score: 1
    Do you expect uniformed policemen to knock on your door, asking for that overdue library book?

    It's happened. People have gone to court over such petty things.

    So why did they place a convenient bench just outside the library? Would it be OK to read a library book while sitting on that bench?

    Yes, it would be okay to read a book there... if you had check it out first. Oh, I get it - you can assume that the bench's whole purpose was to let people sit down and use the access point. Hell, do anything you want there - it's public property.

    .... And it's still safely sitting there, on its little shelf inside the library, happily blinking its little lights and routing its little packets. He didn't take it, you know. He simply used it. Just like one might use the bench outside, sit on a chair inside the library or - God forbid! - read a magazine inside the library without checking it out first. We really need to stomp out these heinous crimes against humanity!

    But he did "take" it to be technical. He took access, he took bandwidth. My point wasn't to say that the man was wrong or even that the police officer was right. I'm just saying that any open Wi-Fi point isn't open to just anyone. Regardless of what many here may think it is morally wrong to use something that isn't there for you to use. It is for people inside the library... that simple. How can you say that being in close proximity of the library is being a patron?

    From their rules:

    Library staff may limit use of computer equipment which has been purchased from grant funds, according to the terms or intent of the grant agreement.

    Users will not make any attempt to gain unauthorized access to restricted files or networks, or to damage or modify computer equipment or software.

    There isn't anything in the rules about Wi-Fi anyways... the rules are moot. Sure, you can read a book inside the library without checking it out and that goes beyond the discussion (because you are still following protocol).

    But this AP wasn't encrypted. It was an open, public hotspot. Besides, even after he stopped using it, the cop still rousted him from the bench where he was sitting. In a public area. By your analogies, he could be accused of stealing the bench unless he carried it inside the library before sitting on it.

    Who cares if it was encrypted? Does an unencrypted hotspot make it public? A simple "No Unauthorized Access" will make a legal case in court if I don't secure my website but people click right past the warning. Yes, the cop was a dick. Anyone who has dealt with the police knows that is usually the case. But your argument about stealing the bench is ridiculous. Even still, the land the library sits on isn't "public" property, it's "city/county" property and carries other legal implications.

    What if the store puts out a box of apples and the sign "Unsellable old apples, minor cosmetic flaws, please help yourself".

    What? How can you even say that has anything to do with it? Your analogy puts "please help yourself" right in as a qualifier. I'm sure that the library doesn't have a sign saying: "please connect to the Internet, other people inside aren't doing the same"

    Simply, go inside and use the facilities. And quiet literally... could I urinate in your yard because you don't have a fence? Your street? It's public property.

    It just doesn't make moral sense... the hotspot isn't secure so anyone can use it. I'm sure companies who don't lock down their hotspots appreciate that. Even though it's their flaw, it isn't your right to take advantage of it. Ah, well, this cop isn't driving this car... and it does belong to the city, I might as well take it.

    This guy left his front door open, let's grab that television.... These mp3's are copyright, but they are just sitting here on this server. Where does it stop?

    At least he should have

    1. Re:Why did I get into this? by Anonymous Coward · · Score: 0

      I'm sure that the library doesn't have a sign saying: "please connect to the Internet, other people inside aren't doing the same"

      Sort of. The library was closed at that time.

      Besides, if you have an access point and it lets everyone connect, gives them IP addresses and routes their packets, then you are providing internet access to the public. If that's not your intention, DON'T DO IT. It is really simple to stop your AP from posing as a public hotspot. Your insistence on actively soliciting connections and proceeding to provide internet access, all the while claiming you do not want anyone but yourself to connect, makes matters harder for those who do want to provide public internet access. The ethical thing to do is to stop your AP from pretending to be a public access hotspot when it's not.

    2. Re:Why did I get into this? by ImaLamer · · Score: 1

      The library was closed at that time.

      This is my last comment on the subject... but that line speaks volumes.

      If the library is closed they should have shut it off, but hindsight is 20/20 right?

      Closed library means closed.... maybe I'm the only one who sees it this way.

    3. Re:Why did I get into this? by richie2000 · · Score: 3, Insightful
      Sure, you can read a book inside the library without checking it out and that goes beyond the discussion (because you are still following protocol).

      And accessing an open AP is also following protocol. You may wish it wasn't so, but it is.

      How can you say that being in close proximity of the library is being a patron?

      Because it's protocol. Anyone using the library's services is, by definition, a patron. He had a library card, he sat on their bench, leaned against the library wall and accessed their open public AP (not their closed, encrypted one, mind you). He's a patron. Read their web, they specify how to use the library's resources, request books and search their databases from your home, hundreds or thousands of miles away. Being a patron of a library is demonstrably not a geographic function.

      Library staff may limit use of computer equipment which has been purchased from grant funds, according to the terms or intent of the grant agreement.
      Users will not make any attempt to gain unauthorized access to restricted files or networks, or to damage or modify computer equipment or software.

      The library staff did not limit use of the computer equipment, it was an open AP, hence by definition unlimited. A cop came along and cited a non-existant federal law and rousted him from a public area.
      The priest did not make any attempts to gain unauthorized access to any restricted file or network. It was unrestricted. None of these rules apply and I suspect you just added them to look like you read their website. Maybe you did read it, but you obviously didn't understand a word.

      How can you even say that has anything to do with it?

      It doesn't. And neither did your analogy. "You can not compare apples and bandwidth." I'm quite sure I wrote that in the post you replied to. Mine was just another example of the futility to try and construct analogies between tangibles and intangibles.

      I'm sure that the library doesn't have a sign saying: "please connect to the Internet, other people inside aren't doing the same"

      7. What does it cost me to use Atheneum services?
      Your Atheneum card provides access to virtually all of our services and is issued to residents at no cost. The card is available to out of state residents for fifteen dollars.

      BTW, the library was closed so it's not as if he was consuming anyone else's bandwidth - he had the pipe to himself.

      At least he should have went inside and asked a librarian

      At least you should have read the article. THE LIBRARY WAS CLOSED.

      We need to stop the idea that any "hotspot" without a WEP key or WPA is free for anyone to use.

      No we don't. We need to make sure all AP operators know to secure them if they don't want them used. Otherwise there will be tons of laws and people will go to jail and their lives will be ruined, because they followed the prevailing protocol - an open AP is a free AP. We can't reverse that protocol more than we can reverse the protocol that says that you can sit on a public bench outside the library or the protocol that says that you shouldn't take apples from outside the grocery story.

      But we can educate the owners of access points on the protocol.

      --
      Money for nothing, pix for free
    4. Re:Why did I get into this? by Anonymous Coward · · Score: 0

      Closed means there are no people inside who would use the internet from there. You say they should have shut it off. Why do you assume that that's what the library wants? Isn't it logical to assume that they actually want people to use the internet connection from outside if they leave the AP running after hours? Librarians have posted on this thread explaining that having people connect when the library is closed or from outside is in line with both the function and the funding of public libraries.

    5. Re:Why did I get into this? by karmatic · · Score: 1

      So, they have a web site which provides information to the public, and which is open, even when the library is closed.

      They have a phone system, which provides information to the public, even when the library is closed.

      They have a wireless access point, which provides access to the public, even when the library is closed.

      How about, instead of trying to legislate, or figure out what the library meant, we let the library decide. Turning off the AP when you close is trivial, as would be shutting off the web site or turning off the answering machine. They don't do so.

      Access should be considered open, until the owner says otherwise. This is like your front door. Having a front door is invitation to trespasslong enough to state your business. Trespassing laws keep getting applied to the internet anyway, and actually make sense in this case.

      You connect to the web site, it gives you information and does not ask for authentication. Having a web site available is in invitation to state what you want. If the system gives it to you, fine. If not, and you persist, it's tresspass. See?

      Now lets try the phone system. Having a phone is an open invitation to call it. You call it up, and it answers. A voice prompt says "press 1 for our hours", and you press it. You state your business. It gives you the information. If you try to access a debug mode to make free phone calls, it's tresspass.

      Now, on to the AP. Having an AP is an open invitation to tresspass, at least long enough to state what you want. The AP can ignore you, or it can give you an IP and redirect you to a ToS or payment page, or it can simply let you through. If you attempt to violate it's access controls, it's tresspass. If it broadcasts its existance, it is an open invitation to at least state your business.

      In all 3 cases, providing services on a publicly accessable system (radio, telephone, internet) automatically grants permission for those with access to the network to at least say hello, and see if the system wants to provide you access. Are you trying to say that you should have written permission to call a phone number? Or that you shouldn't call a company when they are closed? Or how about companies that want to provide paid or unpaid hotspot access? Should they have to give something to you in writing before you can use the network? Of course not.

    6. Re:Why did I get into this? by bickerdyke · · Score: 1

      Excerpt from library rules:
      > Users will not make any attempt to gain unauthorized access to restricted files or networks, or to damage or modify computer equipment or software.

      so it's allowed to access unrestricted files or networks.

      > Who cares if it was encrypted? Does an unencrypted hotspot make it public?

      And the other way round? How can you make an AP public? Right, there IS NO SUCH WAY besides leaving it simply OPEN! Or does anyone who wants to share a bit of his internet bandwidth with people in need of it has to put up a sign "free internet here?" Isnt transmitting an open WiFi-Signal like such a sign?

      If you dont want it to be public close it, if you want it to be open and public, dont close it. Sounds quite simple. If you want anything more complicated like "Free to McSomething patrons, x ct/min for others" put that on some forced proxy splash page.

      --
      bickerdyke
    7. Re:Why did I get into this? by bickerdyke · · Score: 2, Insightful

      And? wheres your problem with that?

      A closed bank doesnt mean that I cant withdraw cash, it only means I have to use the automated service, AKA ATM.

      Closed library also means that I can only use automated service offered there.

      --
      bickerdyke
    8. Re:Why did I get into this? by DavidTC · · Score: 2, Insightful
      I know.

      People in this thread are either idiots or know nothing about libraries. Libraries want you to use their services, for free.

      If they could leave libraries unlocked 24 hours a day, they would. If they could do away with the overhead of checking out books, they would. But they can't, they'd loose too many books.

      Libraries want you to use their stuff. If my library was providing an open-AP from outside the library, I'd certainly presume I could access it at any time, at least if I wasn't being abusive of their bandwidth by denying it to others. (Which I, by defination, couldn't be, if I was the only user.) And assuming they weren't being charged per-byte, but, if they were, they really shouldn't be letting it operate unsupervised.

      And the porn argument is a red herring. The only reason libraries even vaguely care about porn (note most filtering is imposed by higher up government), is that patrons complain. They could give a flying fuck if you download porn in the parking lot, while they're closed, where people can't see you. They don't have some moral objection to porn.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  101. FCC by stinkpad · · Score: 2, Insightful

    Unlicensed spectrum? Umm, IIRC, they have to live with ANY interference from you, and you from them. ( extreme paraphrase of FCC rules part 15 ).

    So, you can transmit on the freq. all you damn well want, if your xmiter is fcc approved for that freq, and they are SOL. Just like if you get a wifi and your neighbors cordless phone hoses your wifi signal, or their wifi and yours are fscking each other.

    While THEFT of network bandwidth MIGHT be enforcable, (maybe), the possession, operation and use of the transceiver is 100% within the law, because it is covered by part 15 of the FCC rules, who has 100% jurisdiction over the airwaves in the USA, under Federal Pre-emption.

    Just like the FAA has 100% pre-emtion over the use of airspace. ( Fiefdom of Boulder Co. tried to make a freind of mine stop towing banners over the CU games, ( well before 9 11 01 ) and threatend to arrest him... even did... he had to take it through state courts, all the way to US court before FAA _could_ get involved, and then they told Boulder that they could NOT regulate the airspace above the city in any form or fashion. Boulder tried to claim that his "advertising" broke thier advertising and licensing laws, and he claimed that the FAA had jurisdiction over the airspace ( which they did )
    and therefore their advertising laws only applied to that which they had jurisdiction over. ( the ground ). They tried to claim safety issues... Again, aircraft safety is under FAA... etc. etc.
    In the end, Boulder LOST. But it cost him a buttload of money to defend himself and his business. He recovered it in another lawsuit wherein he nailed them for giving him so much shit they had no business in. (Boulder was _aware_ that they ha no jurisdiction because the FAA TOLD THEM SO. but they pressed the issue in the lower courts, trying to force him to stop by bleeding him dry money wise. )

    SOmething similar will maybe oneday happen with wifi. It is a conflict of the method of access which is unlicensed and the laws goverening the unauthorized use of someones networks.

    Its going to get interesting...

  102. Re:Paper Rights by Medievalist · · Score: 1
    CyborgWarrior quoth:
    First thing you do any time ANY cop tells you to do something you don't agree with is get their badge number and commanding officers name. It's amazing how much of an affect just asking for this information has on them.
    Yes, if there are no rich white people around it's amazing how bloody they will beat you just for asking. And if you start winning the tussle, it's amazing how fast they will put 9mm holes in your chest.

    Nobody ever became a cop because they wanted a life of peaceful noninterference. Plenty of cops would be muggers or serial killers if they hadn't found a socially acceptable way to satisfy their inner need to beat and shoot people.

    Of course, "the tree of liberty must be watered from time to time with the blood of patriots... and of tyrants" so you go right ahead and antagonize the cops, I fully support your decision and applaud your ethical stance.
  103. Maybe the officer told him to stop... by Anonymous+Writer · · Score: 1

    ... because he was reading Slashdot? :P

  104. Re:no protection ? by sadler121 · · Score: 1

    While it is true that *IF* the Library had in there TOS you must use your computer inside than you must use it inside, in this particular case the TOS of the library does NOT say that you MUST use it inside, hence this amounts to nothing more than the usual harrassment we get from the local authorities.

  105. Re:IANAL, IAAUSC with the inherent responsibilitie by Anonymous Coward · · Score: 0

    I think he should get a busted laptop from eBay, take out any remaining innards and stow a book and some sandwiches under the keyboard. Then sit outside the library reading and pretending to make notes on the laptop. He should be able to get the cop to work up a pretty good head of steam by refusing to shut it down. Be even better if he could place a video camera near enough to capture audio as well as video during the conversation...

  106. Other side of the story by Anonymous Coward · · Score: 0

    ....did you ever think that perhaps the WiFi "theft" is merely misdirection? Since the cop asked him to move away from the lib even after turning the radio off, it makes me think that it is a cover for a deeper issue. Perhaps AKMA is a creep and the pretty librarian asked the cop to brush him away. I think all the "My Rights" talk is wasted energy when the real deal may be that the cop was talking smack to move creepy stalker AKMA away from the kiddies.

    Or wait, maybe I am remembering a very special episode of Magmum P.I.

  107. Re:no protection ? by Anonymous Coward · · Score: 0

    Yep, sure could - any time the library was open. Which it wasn't, or I imagine the priest would have invited the cop to discuss the issue with the librarian...

  108. Accidential Theft by LemonFire · · Score: 1

    Out of curiousity and not being an avid user of wireless laptops.
    Is it possible that you would pay to access one wireless network but accidently get connected to different one and through this you could potentially end up being charged for accidential theft?

    1. Re:Accidential Theft by soloes · · Score: 1

      Yes you CAN be charged, but it would never hold up in court. It is a public channel and the courts ruled in 1981 that it is legal to receive the signal from public airways. You cannot decrypt any encrypted signal, so if you were arrested for it you would ahve a nice lawsuit on your hands.

      --
      New and improved Guilt. Now its alcohol soluble!
  109. Re:Priest? So? by Anonymous Coward · · Score: 0

    Actually, it sounds like he was embarrassed when the guy he was confronting turned out to have a fairly good clue about the legality of his actions. The cop's response was to whip out a fear-inspiring "higher authority" rather than back down or risk having to arrest the guy.

  110. Are u guys for real? You need to get laid, no joke by Anonymous Coward · · Score: 0

    wtf? are u serious? THIS is news? the amount of energy spent on this thread is laughable. Just read it over, see how many people have posted and argued about it and ask you self does it really matter?

    big fucking deal a guy at a library was asked not to use the connection. am I the only one who is laughing at the fact that this is on slashdot!?

    In other news I checked my e-mail and was asked to finish up some code before lunch. *waves hand* discuss! wait, CNN is calling Lary wants the "exclusive"...

    *shakes head*

  111. just maybe... by MoFoQ · · Score: 1

    just maybe....the officer is a lil' annoyed that donut prices (krispy kreme) has been going up. Or maybe it's the low-carb donut craze?

  112. Followup by CBDSteve · · Score: 1

    ah, so that's what the F in RTFA stands for...

    1. Re:Followup by djmurdoch · · Score: 1

      Yeah, and I've also seen "where's the followup?"

  113. I just have one question. by iceperson · · Score: 1

    If the library has one of those air filters that "cleans" the air and this guy was standing outside the door breathing the library's filtered air that was being released would the policeman be able to ask him to stop breathing?

    1. Re:I just have one question. by IncohereD · · Score: 1

      If the library has one of those air filters that "cleans" the air and this guy was standing outside the door breathing the library's filtered air that was being released would the policeman be able to ask him to stop breathing?

      Anyone can ask anyone else almost anything. For instance, I could ask you to go fly a kite. Yes, coming from a policeman it's more intimidating, but he didn't order the guy to do anything.

  114. He knew the priest was using wifi... by peu · · Score: 1

    when he lectured him about the jurisprudence on public use of wifi spots directly from www.lexisnexis.com ...

  115. It IS the Library's fault by Anonymous Coward · · Score: 0

    After reading a slew of bad theft/usage analogies I have a few thoughts.

    Firstly i agree with the general consensus that since the library also had a secure network, they obviously wanted people to be able to use the open one.

    Second if you read on in the blog the priest found out that the library does say that access should only be in their operating hours (more or less) HOWEVER this raises two interesting points. The library did nothing to inform people nor enforce that policy. I know that even with open wireless networks browsers can be forwarded to a TOS page before any access is allowed (some kind of script adds your MAC to an access list i would think). I have seen this done at cafes and other similar places. Since they seem to be somewhat competent with wireless technology this might be a good idea. But there is a more obvious solution: if you don't want people using your AP outside of business hours then shut it off when you close. Not that hard

    Third, even though the library did have this policy the cop didn't know that. I guess he just thought he was doing his job. It seems like its a lot easier to prove something is restricted than to prove it is open for public use, but it seems like law enforcement usually likes to assume people are starting trouble. I agree with people that there aren't many good ways to let people know your network is open, but i would say if you don't want it to be simple WEP encryption is the way to go. Some have said that this is a hassle and that may be true, but the library can always post signs or simply give people the key when asked. That way they could make sure people see their TOS before they start using with only a slight hassle for patrons. I wouldnt complain about having to read a WEP key off a piece of paper in exchange for free internet though

    1. Re:It IS the Library's fault by AetherBurner · · Score: 1

      ...during operating hours... I have to agree that it is the responsibility of the library to enforce its policies. But I can agree that the library was deficient in managing their policies from interlopers. Easy fix - a cron job that enables and disables the AP. Problem solved involving the time-of-use issue. The changing WEP key could be done using a cron job as well. Instead of using a rotating cycle, use a random generator to generate a new key everyday. If you want to use the AP, then you have to come to the desk and get the day's key. At the end of the business day, the software bangs out a new key to lock out all until the next morning. Implementing both would be better for all concerned.

  116. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  117. Because priests are ALWAYS upstanding citizens... by ToadSprocket · · Score: 1

    it's not like they, oh I don't know, molest children or something...

    --


    If this article confuses you, don't worry. It was posted yesterday in a much clearer fashion.
  118. Wi Fi is not a broadcast by Anonymous Coward · · Score: 0

    Most of those who are arguing that the AP is in the public domain are ignoring the fact that this is not broadcast technology we're talking about. WiFi involves packets going in both directions, not just from the AP to your computer. In accessing the WiFi you are asking the library to transmit packets from your system to a 3rd party server, or in other words use their facilities. Now I'm not gonna argue the rights/obligations of a public library, I just wanted to point out that comparisons to radio/TV broadcasts or porch lights are specious.

  119. Oh, so he was a priest!? by carcosa30 · · Score: 1

    Maybe that had something to do with it if you know what I mean...

    You never know what a priest could be doing on an unsecured wifi network. Not these days.

    --
    Intolerance for ambiguity is the mark of the authoritarian personality.
    1. Re:Oh, so he was a priest!? by Dynedain · · Score: 2, Informative

      That's pretty damn insensitive and bigoted of you.

      In fact, the cop did make some kind of comment to the priest about kiddie porn, which was entirely unappropriate.

      How would you like it if people assumed you were a member of the KKK simply because you are white? Or a violent gang member because you are black? Or an illegal alien because you are latino? Or that you eat dogs and cats because you are Vietnamese? Or that you live in a single room apartment with 20 people because you are Chinese?

      It's bigotry, profiling, and absolutely unacceptable, no matter who it is directed at.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    2. Re:Oh, so he was a priest!? by carcosa30 · · Score: 1

      You're putting words into my mouth, which perhaps shows your own bigotry and assumptions.

      News flash: Catholicism and christianity are destructive cults.

      Their priests molest children and participate in kiddie porn rings, and are then spirited away by the vatican and granted immunity for some peculiar reason.

      Maybe it's time for you to open your eyes and smell the cynical corruption that's filling the church.

      OH NO, I'm being insensitive to a cabal that protects child molesters! Go fuck yourself.

      --
      Intolerance for ambiguity is the mark of the authoritarian personality.
    3. Re:Oh, so he was a priest!? by Dynedain · · Score: 1

      I put no words in your mouth. You are the one that implied that because he was a priest he might be involved in kiddie porn.

      I just pointed out how that is bigotry towards priests (and Catholics/Christianity as you showed in your next comment) and how that is exactly the same as showing assumptive bigotry towards any group of people.

      You're the one being an troll here and you tell me to fuck off?

      --
      I'm out of my mind right now, but feel free to leave a message.....
    4. Re:Oh, so he was a priest!? by carcosa30 · · Score: 1

      No, it just shows how extreme malfeasance and coverup by an organization like the catholic church (of rampant pederasty within their ranks, to very high levels) can (and should) cause people to revile them. Yes, it damn should reflect on Father WiFi. If he feels insulted by this, he can lodge a complaint with the diocese and suggest that they stop defending molesters.

      Is it ok to make fun of NAMBLA members?

      What about an organization that puts itself up as the paragon of righteousness that at the same time is using its influence to DEFEND NAMBLA-ESQUE BEHAVIOR?

      I do see where you're coming from, but I spit on christianity, I mock christians-- especially priests-- and I believe catholicism to be an example of the most vile kind of sniggering hypocrisy. And your mealymouthed protests to the contrary are not about to change my opinion. Also, usually people who are trolling aren't deadly serious. I am.

      --
      Intolerance for ambiguity is the mark of the authoritarian personality.
  120. think about it.. a priest by Anonymous Coward · · Score: 0

    I think people missed the point entirely. He was an ordained priest. He most certainly was surfing child pornography of little boys.

  121. Public by maxpuppy · · Score: 1

    This is a public library. Anyone can go into a public library and look at a book. Public access. It is very difficult for public libraries to limit any of the public to the holdings/information that is availble even to minors.

  122. RTFL by IncohereD · · Score: 4, Insightful

    Why should he be held to rules that apply only _inside_ the library?

    Remember. He was outside the library.


    Why should the AUP only apply inside the library? I agree that this whole story is ridiculous, but I'd say the rules for an access point are the rules for an access point. Unless you want your tax dollars paying for libraries to install EM shielding in all their walls, I'd recommend you think about this one for a second.

    Just because I leave my door open doesn't mean you can walk into my house whenever you want. Yes, it may be stupid on my part, and yes, it changes it from break and enter to trespass, but it's still not acceptable. Similarily, just because my WiFi connection is open, doesn't mean you're allowed to do whatever you want with it.

    I'd imagine he was probably obeying the terms of the AUP regardless, but if he'd never gone in and read it, that's kind of weak on his part. If someone's offering a free service, at least be respectful of their terms, so you don't ruin it for everyone.

    1. Re:RTFL by Anonymous Coward · · Score: 1, Interesting

      If i put an old coach at the curb and place a $40 sign on it and someone walks off with it; it's not really stealling because in some location there is a finders law stating that property not properly secured or on public grounds without an owener than said property rights is left to the finder aka finders' rights.

    2. Re:RTFL by Anonymous Coward · · Score: 0

      > Just because I leave my door open doesn't mean you can walk into my house whenever you want.

      > If someone's offering a free service, at least be respectful of their terms, so you don't ruin it for everyone.

      These are two very good points, but I don't think they apply in this case.

      Even if you leave your door open it's true that nobody has the right to enter your private property. But if this is a public library then by definition it's meant for people to go into it or near it freely. Should the priest not walk on the sidewalk outside or use the traffic signals on that street corner?

      As far as the free service I agree that one should respect terms if they're reasonable. Keep in mind this is tax-funded. So the government can't turn around and say I have no right to use public wifi signals anymore than they can force me to be in a certain place to listen to an AM radio broadcast of tax-funded programming.

    3. Re:RTFL by chris_mahan · · Score: 1

      If you leave your car running, unlocked, with the windows down, and go into a store to buy something, and a thief comes and steals your car. your insurance company will not pay you even though you have theft coverage since you did not exercise common and customary care.

      It's wrong of the thief, but stupid of you.

      The thief will still get busted if caught, of course, but you will lose too.

      Now, about the allegory to your house.

      If you were to take your television and put it on the sidewalk, in front of your house. It still belongs to you (you paid for it) and not anyone else (they didn't pay for it). Yet if Jil Smart shows up and takes the TV, she has not stolen it, because you put it on public property, and in doing so you relinquished your property claim.

      Same with the wifi.

      They can cat5 the building, then this would not happen. Noone is forcing them to use wifi.

      --

      "Piter, too, is dead."

    4. Re:RTFL by Buran · · Score: 4, Insightful

      It's still a good idea for you to ask the library if they mind if you sit outside as long as you follow their rules ... but it's NOT OK for a policeman to harass with no probable cause. That's the real problem here.

    5. Re:RTFL by valintin · · Score: 5, Insightful

      If you leave your door open and play music real loud , I can sit on the curb and listen to it. You can't tell me to leave because I'm hearing your music. You can't charge me a fee because your music is spilling out on to the public street.

    6. Re:RTFL by IncohereD · · Score: 1

      If you leave your door open and play music real loud , I can sit on the curb and listen to it. You can't tell me to leave because I'm hearing your music. You can't charge me a fee because your music is spilling out on to the public street.

      See, I agree with that. I also agree that intercepting satellite signals is not "theft of signal", because it's being broadcast onto your property, and you're not depriving anyone else of the signal.

      But in this case, the person in question was actually using up bandwidth on the device, which is a finite resource. Thereby depriving the library patrons of some of the quality of service.

    7. Re:RTFL by IncohereD · · Score: 1

      As far as the free service I agree that one should respect terms if they're reasonable. Keep in mind this is tax-funded. So the government can't turn around and say I have no right to use public wifi signals anymore than they can force me to be in a certain place to listen to an AM radio broadcast of tax-funded programming.

      Keep in mind though that bandwidth on a WiFi is limited, unlike the number of receivers on the AM radio. The government is paying so that people inside the library can use the bandwidth on the device (presumably for research related tasks).

      I'd say it's analgous to checking a whole lot of books out of the library, and using them to build an addition on your house. You're abusing the privilege of free knowledge by not actually using those books for their intended purpose.

    8. Re:RTFL by ultranova · · Score: 1

      But in this case, the person in question was actually using up bandwidth on the device, which is a finite resource. Thereby depriving the library patrons of some of the quality of service.

      The people who happen to be inside the library have no greater right to any service the library provides than those outside the library. It is called a public library for a reason. It does not belong to the "library patrons" any more or less than to the priest. They both paid for it with their tax money; they both have equal right to use it.

      If the priest lowered the quality of service for the library patrons, then library patrons (who presumably also used the service) also lowered it for the priest. Since both have an equal right to use the library, it is illogical to accuse the priest for wrongdoing, thought it it would not surprise me if some self-important official did...

      IAALIT (I Am A Librarian-In-Training)

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    9. Re:RTFL by chris_mahan · · Score: 1

      Only if you can demonstrate that library patients were in fact harmed.

      Besides, it's a public library. It's there to serve the public. The public is the guy in front of the library with his laptop as much as the guy inside the library with his laptop. There's no such thing as a library patron. The public is the library patron. Some library patrons choose to go in the library, and some choose not to. They are all paying for the library and the bandwidth. Thus the public and the library patrons are one and the same. So if a member of the public is standing oustide the library using the library's wifi, it is absolutely no different than another member of the public standing inside the library using the wifi.

      We all pay for the wifi, we should all be able to use it.

      (for those of you who argue: he's not from my town, why should he get it? I'll reply: when you're in his town, why should you get it? It's a mutually beneficial trade-off.)

      --

      "Piter, too, is dead."

    10. Re:RTFL by magead7 · · Score: 1

      Wouldn't the TV claim mean that cars parked in the street are allowed to be taken too? I'm not sure it quite works.

    11. Re:RTFL by Brandybuck · · Score: 2, Insightful

      Why should the AUP only apply inside the library?

      Because it's not their property outside the library. Except for the brainwashing campaign by the RIAA and MPAA, and numbnut busybodies like this policeman in question, this would have been a no-brainer question.

      The library's wifi was deliberately broadcast beyond the boundaries of the library's property. The key word here is "broadcast". CBS, as an example, can't impose an acceptable use policy on the media it broadcasts into your home. Beyond what copyright allows, of course. CBS can't tell you where you must watch television.

      As another post stated, saying the AUP applies outside the library is like telling your neighbors they can't listen to the music you're blasting out your windows.

      --
      Don't blame me, I didn't vote for either of them!
    12. Re:RTFL by IncohereD · · Score: 1

      As another post stated, saying the AUP applies outside the library is like telling your neighbors they can't listen to the music you're blasting out your windows.

      And as I said in a response there's a difference between listening to the music, and blasting YOUR music even louder than it for 5 seconds every 20 or 30 seconds. WiFi is not an unlimited resource. The more people that use it the less available bandwidth there is.

      If you think it's fine for someone to sit outside and watch videos on MTV.com while kids inside are trying to learn something inside, that's a problem. I imagine the access point is open to make things easy for people inside to use, and they don't want people outside using it because it would be more difficult to monitor.

      (Note - I personally suffered at University with having trouble getting lab stations to work, while people played yahoo games and watched full-screen videos. People needed the bandwidth as well as the stations themselves for actual work).

    13. Re:RTFL by Anonymous Coward · · Score: 0

      "Just because I leave my door open doesn't mean you can walk into my house whenever you want."

      Actually, it does in many areas. There is a reason why it's called breaking AND entering. Not entering.

      Now, if you tell me to leave, I have to, because it's your property.

      All in all, this is a mute point. Physical restrictions in no way correlate well, nor should they, to spectrum use. Your argument is more akin to someone proclaiming copyright is intellectual property. Copyright is not property. It's copy right, made to foster creative expression, not property.

      [stuff on EM shielding]
      imnsho, that is a far better solution than having spillage that they think they can then instruct, direct, or threaten a person over. Their lack of regulating their own signal does not mean someone else using that signal is at fault. Further, they can regulate their access point via software or hardware restrictions, neither of which they seem to really choose to do effectively.

    14. Re:RTFL by zarozarozaro · · Score: 1

      It is the responsibility of the owner of the transmitter to restrict the coverage area of the signal, thats the science of it, take it or leave it.
      As for "stealing" internet access, was the library actually stupid enough to pay for a metered internet plan?!?

    15. Re:RTFL by Anonymous Coward · · Score: 0

      Why is an open running car different from a televsion set? At what monetary value are you no longer allowed to relinquish property rights?

    16. Re:RTFL by Pat69 · · Score: 1
      If you were to take your television and put it on the sidewalk, in front of your house. It still belongs to you (you paid for it) and not anyone else (they didn't pay for it). Yet if Jil Smart shows up and takes the TV, she has not stolen it, because you put it on public property, and in doing so you relinquished your property claim.


      Cool! Let me know the next time you park your car on public property. Woohoo! Free car!
      --
      You get what you pay for - if you're lucky.
    17. Re:RTFL by IncohereD · · Score: 1

      It is the responsibility of the owner of the transmitter to restrict the coverage area of the signal, thats the science of it, take it or leave it.
      As for "stealing" internet access, was the library actually stupid enough to pay for a metered internet plan?!?


      A) What if someone used one of those WiFi 'sniper' rifles? What do you consider a reasonable limit for the library to spend tax money on implementing? Should the nearby houses be able to use it for free, as someone suggested?

      B) Again, they're encroaching on instaneously available bandwidth, not paid for bandwidth. If there's any 11b cards connect to that access point (which is quite likely), each additional user is going to make a huge difference in the throughput at each terminal. People doing legitimate research inside the library should have first priority for bandwidth and latency.

    18. Re:RTFL by Brandybuck · · Score: 1

      The library is still broadcasting its signal beyond its property line. If it didn't want people receiving it, it should have either encrypted the access, or cut back on the transmit power.

      But you managed to raise a question in my mind. Someone can't use that bandwidth without similarly transmitting INTO the library at a specific frequency. Perhaps the cops should have arrested that priest of *trespass* instead.

      The legal problems of wifi need to be worked out using solid legal principles before too long, otherwise the RIAA/MPAA types will get to impose their own defacto skewed rules on the technology. From my apartment I can use a dozen different wifi access points, only one of which is encrypted in any way. What legal principle forbids me to use them without permission? That bandwidth might be their "property", but aren't they offering me an invitation to use by broaccasting its unrestricted access into my living room?

      --
      Don't blame me, I didn't vote for either of them!
    19. Re:RTFL by Anonymous Coward · · Score: 0

      slashdot analogies suck butt

    20. Re:RTFL by Anonymous Coward · · Score: 0

      We all pay for the wifi, we should all be able to use it.

      I'd like to think that you are a long-haired loser hippie that doesn't pay your taxes and therefore did not pay for the wifi and should not be able to use it. Am I close?

      Retard.

    21. Re:RTFL by swinginSwingler · · Score: 1

      Comparing an open access point to an open door is a horrible analogy. The comparison is common one amoung the computer illiterate. Using someone's open WiFi point is most analogous to accessing open webserver. If there is no obvious security to bypass it's an open server. Period.

    22. Re:RTFL by Minna+Kirai · · Score: 1

      The people who happen to be inside the library have no greater right to any service the library provides than those outside the library. It is called a public library for a reason.

      Yes they do. The government (or charitable fund running the library) may have an interest in controlling how it is used. Consider a public park. Am I allowed to bring my daily household trash into their wastebaskets, and carry water from their spigots into my nearby home?

      It is called a public library for a reason.

      All these years I've been paying for my house, when I just could've been sleeping at the library! After all, it's public, so I can go there and do whatever I want.

    23. Re:RTFL by phoenix321 · · Score: 1

      Unsecured goods or services available for free on open grounds are meant to be used. In very much the same way you are not, cannot be, obliged to pay street musicians or performance artists, you cannot be obliged to pay for using a publicly available item.

      In my opinion it doesn't matter if the wifi-signal came from a source paid from taxes or any corporation or individual. It is just a redux of the nature of positive rights, stated as "everything not forbidden is allowed". Arguing the other way around is IMHO opposing freedom and all in all pretty ridiculous.

      A box of apples with no price tag and no store or salesperson near, but still available to all who pass by is free for them to take. A performance artist who can be seen by anyone is doing so for free. Suppliers for essentially free goods and services are dependent of goodwill and donations from the public. They have chosen to offer their service with no limits and no obligation to pay, so we cannot construct an artificial obligation afterwards. An unlocked car is out of the question, an unlocked bike may be but one from a box of apples or fringe bandwidth certainly IS free to take.

      Everything that is freely available for everyone on open public grounds, showing no property signs, no locks and nothing else a sane person has to interpret as "do not use this resource if you are not entitled to" then the resource is free for all. End of story.

    24. Re:RTFL by phoenix321 · · Score: 1

      Common sense dictates that we as an intelligent lifeform and sane human just assume that no other sane human would ever leave a property item exceeding the value of half an average yearly income free for taking. So it's clearly imaginable that someone has enough from FoxNews, politics, ClearChannel, Avril Lavigne, DoD-funded action movies and other crowd control is offering his home entertainment system free for anyone willing to take it. ;)

      A car with the keys in the ignition or the motor running means "owner will be back in a few moments", an old television set sitting on the sidewalk for more than a week means "it still works but I bought the plasma TV - take it if you want".

    25. Re:RTFL by ultranova · · Score: 1

      The people who happen to be inside the library have no greater right to any service the library provides than those outside the library. It is called a public library for a reason.

      Yes they do. The government (or charitable fund running the library) may have an interest in controlling how it is used.

      No they don't. Public libraries exist to serve the interests of the people, not the government. The government does not have the power to forbid anyone from going into a public library and using whatever services it provides. Nor does it have the power to forbid anyone from using whatever services the library offers outside its walls (such as bookmobiles, Internet data bases, and, oh yes, Wi-Fi access points).

      You have to understand a certain principle, for it's very important. It's simply a question of how to best prevent the tragedy of commons, where everyone keeps on hoarding as much as they can to themselves until the common resources become exhausted. Our societys answer is to establish a central committee, called government, to regulate the access to the common resources. However, the government does not own the resources. It simply manages them on the peoples behalf.

      A society where the government actually owns every common resource (and can consequently do whatever it pleases with them) is called a tyranny, dictatorship, totalitarianism or something similar. In such societies, government owns basically everything and can consequently use almost absolute power.

      A library run by a charitable fund or other private institution is private, not public, even if it might be open to the public. Obviously, that institution has a right to decide about the use of its property.

      Consider a public park. Am I allowed to bring my daily household trash into their wastebaskets, and carry water from their spigots into my nearby home?

      Propably not. The reason is that "public" in this case means "owned by all", and while you are indeed one of the owners of the park, such actions from your part would interfere with all the other owners.

      All these years I've been paying for my house, when I just could've been sleeping at the library! After all, it's public, so I can go there and do whatever I want.

      Unfortunately, that would conflict with the interests of the co-owners of the library, namely, the other members of the public. It would interfere with their use of the library and endanger their property.

      This does not apply to the Wi-Fi example because you are allowed to use the Wi-Fi network, and it won't matter to others whether you do it from outside or inside.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    26. Re:RTFL by chris_mahan · · Score: 1

      Ohhh, but you know, a car is different. Ownership is based on registration with the State.

      --

      "Piter, too, is dead."

    27. Re:RTFL by NuclearDog · · Score: 1

      No, because they are often locked and if not they almost always require a key to start. This means the person (intentionally or not) made an attempt to secure the car.

      ND

      --
      This statement is forty-five characters long.
    28. Re:RTFL by dtrent · · Score: 1

      If you leave your door open and play music real loud , I can sit on the curb and listen to it. You can't tell me to leave because I'm hearing your music. You can't charge me a fee because your music is spilling out on to the public street.

      Cute analogy, except that bandwidth is consumed and there is a finite quantity of it. Just 'cause they're not using it doesn't mean it's yours for the taking.

    29. Re:RTFL by NuclearDog · · Score: 1

      You're kind of comparing apples to oranges here. A car is usually locked and if not almost always required a key to start. A TV sitting on the curb is usually not secured.

      So a more appropriate comparison would be comparing taking a car with taking a tv which has been locked to a tree and bolted to the ground in four places.

      ND

      --
      This statement is forty-five characters long.
    30. Re:RTFL by Minna+Kirai · · Score: 1

      You are conflating "can" and "should".

      A society where the government actually owns every common resource (and can consequently do whatever it pleases with them) is called a tyranny, dictatorship, totalitarianism or something similar.

      Wrong. To be totalitarian, the government must own private resources as well. Technically, anarchies and Objectivist-Libertarian states fit your definition of "tryanny" (insofar as no common resources exist, therefore the government owns 100% of them)!

      The reason is that "public" in this case means "owned by all", and while you are indeed one of the owners of the park, such actions from your part would interfere with all the other owners.

      Yes... connect the dots.

      Just as the government can regulate the public's use of a park on the public's behalf, so can it regulate the use of a library. It has that right.

      Whether or not the library staff have the authority to set these rules is a separate question from whether those rules actually help or hinder it's public-serving mission.

      This does not apply to the Wi-Fi example because you are allowed to use the Wi-Fi network, and it won't matter to others whether you do it from outside or inside.

      If it matters or not is a technical/legal question. There are many potential reasons why outside WiFi could be more disruptive to other users than if you're inside where the librarian can glance at your screen. It is up to the government (in the form of the library committee) to evaluate those questions and, in light of the answer, set rules to best cope with the situation.

    31. Re:RTFL by Anonymous Coward · · Score: 1, Insightful

      You're not just listening to my music. You're using a remote to change the tunes played on my stereo. Wifi access is not one way, you're connecting back to the router and actively using it.

    32. Re:RTFL by Antique+Geekmeister · · Score: 1

      You wrote: "Unsecured goods or services available for free on open grounds are meant to be used." This is not necessarily true. There are unattended news-stands that leave the papers out and have a can next to them for change, jugglers who perform in public who put out a hat, and other services that are meant to be *shared* in various socially agreed ways. We don't know from the article that the network was meant to be used outside the library. It's reasonable, but it's not a given. Please don't make up claims like that out of whole cloth or your perceptions of the social mores of someone of someone who then went and hid out to post the article out of the view of the cop.

    33. Re:RTFL by tricorn · · Score: 1

      a) the library was closed at the time, so no patrons inside were being denied bandwidth; b) he is a library patron, whether he was inside or outside the library. Him walking inside isn't going to magically make him use less bandwidth. You can't even use the argument that a coffee shop might use, that they're providing the service for their customers so that they get more revenue - the library isn't going to sell more merchandise if he goes indoors to use their network.

      Do I think the library has the right to say whether he can use it outdoors? I reluctantly think yes, but I could be convinced otherwise. I'm mostly troubled by the presence of a completely unprotected signal - to me, that is an invitation to use it, and impossible to distinguish from an open network that actually DOES want you to use it. Do I think a taxpayer-funded library SHOULD have such restrictions on their network? No, unless it can actually be shown to be causing problems that can't be solved any other way.

    34. Re:RTFL by tricorn · · Score: 1

      But playing games inside is higher priority than doing legitimate research outside? Remember, this is wireless access. Inside, I could be doing just about anything on MY OWN computer, even sitting such that no one else can see the screen, maybe sitting in a corner, or on a couch. I really don't think you'll have librarians going around snooping to see whether people are doing legitimate research or just reading /.

  123. "Priest? by Anonymous Coward · · Score: 0

    It's important (if someone already hasn't) to distinguish that this guy isn't a priest in the classic sense (i.e. a Catholic priest). He appears to be Episcopalian.

  124. Re:And you can take that further... by BumbaCLot · · Score: 1

    It is called 'potential'. Bandwidth to most means the capacity of a circuit, not the size of a packet sent. And yes most wireless access points do rate scaling. 11Mbit, 5.5Mbit, 2Mbit, 1Mbit. Not that most libraries or networks in general are going to have an Internet connection faster than the LAN speed.

  125. NOT a Catholic Priest by ioa · · Score: 1

    This guy's an Episcopalian or something of that variety. He's definitely not a Catholic priest.

    1. Re:NOT a Catholic Priest by ioa · · Score: 1

      (From his credentials page you can tell he never studied at a seminary [Catholics don't get M.Div's from "Divinity Schools," much less Yale], and he currently teaches at what appears to be an Evangelical college)

    2. Re:NOT a Catholic Priest by jms824 · · Score: 1

      For the record: AKMA is an ordained Episcopal priest. If you read the "credentials page" referenced, you'll note that he also has a Ph.D from Duke. He is a scholar of some note, and an excellent professor.

      Yale Divinity School is indeed a seminary. It is, in fact, one of eleven Episcopal seminaries in the U.S.

      Seabury-Western (where AKMA teaches) is not an Evangelical college; it is another Episcopal seminary, located in Evanston, IL.

  126. why not use it. by Bender+Unit+22 · · Score: 1

    If someone sets up a access point with no restrictions at all, I would use it too.
    If you have configured it in a way so that all you have to do is to boot your windows XP to get access, I find it hard to take that as anything other than a invitation to use it.
    Now I would be careful which information I choose to transmit over that connection, but that is another topic.

    However if people have disabled DHCP or enabled even the most weak encryption, it would be different.

  127. NWA said it best... by Anonymous Coward · · Score: 0

    FUCK the police and I said it with authority

    Fuck Ashcroft and his war against the Constitution

    Fuck Bush and his war against the world

    And fuck any goon, cop, security guard, etc, who thinks that they because their boss is the president that everyone who disagrees with them is a criminal

    Fuck them fuck them fuck them

  128. Special Websites by giantsfan89 · · Score: 1

    A lot of universities allow specialized access to certain sites, like ACM, etc, where a fee would normally apply for access.

    Back in college, some friends and I for a senior paper at my smaller university drove down to a major Big 12 school to their computing and engineering library on a Saturday morning with our laptops, hoping to get some references for out papers. We got there around 9:00 am, and they didn't open until 1:00 pm. We sat down on the steps in the hallway outside of the library and could access their wireless network, along with some of those special sites. In probably 45-60 minutes, we had more than enough sources to write our papers!

    --
    Don't ping my cheese with your bandwidth!
  129. library WiFi pertinent questions by harvey+the+nerd · · Score: 1

    Assuming one has a library card (or maybe not): 1. was he still on library grounds - our main library, 250,000+ city is surrounded by several landscaped acres (ditto my university alma mater 3000 miles away). If so chill out copper, you're disrupting my library experience. Good libraries seek to disseminate and diffuse information anytime, anywhere within copyright or license. 2. A passerby (cop) presumes that he was surfing the internet, not the library's space. I surf in my library's site and databases from my home/overseas, for hours. Really aggressive librarians seeking to expand their reach (librarians can get pretty messianic about this), might well decide to expand their local user access and define their intranet bubble by the precise power of their transmission under some particular FCC class including over town. If the library gets stressed about bandwidth (or Patriot Act Stalinism er shrubbery) over their budget/desire, the adjusted server rules can regulate internet access accordingly, encryption if necessary. If this ass accosted me, I would drag his sorry ass inside and ask Bob (a plesant senior librarian, in 5-10 minutes someone with a short attention span is going to be verrryy sorry).

    1. Re:library WiFi pertinent questions by Anonymous Coward · · Score: 0
      Not sure about everywhere but everywhere I have ever lived a library card was not required to use the library. A library card is only required if you wish to borrow material from the library. Anyone can walk into a library and use it.

      Just a minor side point to the issue of whether or not he had a library card.

  130. Public funded open wifi. by nurb432 · · Score: 2, Insightful

    At risk of sounding like 'me too ', I agree totally.

    The public library is funded with tax dollars, and therefore open to use by the public. Key word there is PUBLIC...

    Secondly, since the wifi wasnt encrypted or anything to cause restriction, its the same as being IN the library, so the cop has no legal leg to stand on..

    I'm not so sure there is any legal ground to stand on if you access ANY unencrypted wifi point. You have to assume it was intended for public use if its not restricted in some way.

    --
    ---- Booth was a patriot ----
    1. Re:Public funded open wifi. by dougmc · · Score: 1
      The public library is funded with tax dollars, and therefore open to use by the public. Key word there is PUBLIC...
      Allow me to point out the big hole in this argument with a counter-example --
      NORAD is funded with tax dollars, and therefore open to use by the public. Key word there is PUBLIC...
      (And if NORAD bothers you, replace it with Fort Knox, The Whitehouse, The Pentagon, the NSA headquarters, Area 51, etc.)
  131. Sightly Different Situation by nurb432 · · Score: 1

    When does the library deal with secret national defense issues?

    The library's charter is put in place to disseminate information to the public..

    Norad's charter isn't...

    --
    ---- Booth was a patriot ----
    1. Re:Sightly Different Situation by dougmc · · Score: 1
      Oh, I agree that the library is meant to be generally open, and the places I mentioned are generally closed.

      But even so, my point was that THIS argument of yours :

      The public library is funded with tax dollars, and therefore open to use by the public.
      ... is completely incorrect -- it does not follow. Now, the library may be open for other reasons (like maybe it's supposed to be open) but merely being paid for by tax dollars is not enough.

      That is what you said, after all. If you meant something else, you should have said something else.

  132. The cop should have been prepared by Anonymous Coward · · Score: 0
    I can understand the cop's confusion and inability to explain details of such regulations. There are way, way too many laws in place for a normal person to be able to cite chapter and verse of the actual statutes on every possible violation.

    Of course, if the cop had *his* wireless porkchop, he could have looked up the exact regulation and nailed him then and there.

  133. Communications Act of 1934 by Anonymous Coward · · Score: 1, Interesting

    Doesn't this state it is basically the job of the network to provide the security?
    If you don't want me intercepting your signals, keep them off me.

  134. other reasons by Anonymous Coward · · Score: 0

    look, im not logged in, and this is gonna get modded as troll. But the cop probably though the preist might have been d/l'ing pr0n, because the library was CLOSED and he was sitting outside. Im sure he wasn't, but we all know how police can be sometimes. Normally no one would care, it would be just a misunderstanding, but with all these darn bloggers it's a big deal or something.

  135. Your Wifi by nurb432 · · Score: 2, Insightful

    If your signal escapes your hours and invades my space, and isn't reasonably protected, then yes i have a right to do what i please... Its your loss

    Much as i can receive any commercial broadcast signal that hits my yard...

    True i cant decrypt any signals as that is illegal due to the DMCA, however that falls into 'reasonable protection'.. Which is your responsibility, not mine.

    Or how about if you stuck your hose toward my house and turned on the faucet, i could collect whatever water i get on my side of the fence and use for my garden or pool..

    We arent taking about me going on your property to see if your door is unlocked, its YOUR signal that is on MY property....

    If you are going to use analogies, at least try to compare apples to apples...

    --
    ---- Booth was a patriot ----
    1. Re:Your Wifi by hackwrench · · Score: 1

      There's a difference between WiFi and a radio. In order for WiFi to work a signal has to be sent back and requests for data have to be made. That data then gets sent to the library through non-Wifi structures

    2. Re:Your Wifi by demonlapin · · Score: 1

      And? How does the fact that you can pick up a WiFi signal mean that you have permission to transmit via my connection?

    3. Re:Your Wifi by tricorn · · Score: 1

      Where does everyone get the idea that the DMCA outlaws decrypting things? DMCA only protects copyrighted works from unauthorized access, and it isn't even necessarily encryption that has to be broken for that. There's plenty wrong with various aspects of the DMCA, but outlawing decryption of a signal is not one of them. There are other laws for that...

  136. I love the first comment. by Moofie · · Score: 1

    "You might want to go back into the Athenaeum and ask a librarian about this. I smell a cop-library feud somewhere."

    I've got $20 on the librarians. I need to make a "Hug a Librarian!" t-shirt, maybe with some allusion to the fact that librarians seem to be just about the only people left in this country with the stones to actually tell law enforcement to stick it.

    --
    Why yes, I AM a rocket scientist!
  137. RTFA by Irvu · · Score: 2, Informative

    1) he was accessing a public hotspot not a private one as such the rules are different in that he is a member of said library and as such has rights to use its facilities.
    2) At the time that he was using it no rules were in place against the use of wireless connections outside the library. If you read his coverage, the library stated their opposition to using wireless signals outside the library only after this incident.

    1. Re:RTFA by Anonymous Coward · · Score: 0

      ...wireless signals outside the library...

      How about the MF'ing library stop trashing up my property by invading my property with their malicious signals and I might stop using their publicly paid services that is invading my publicy paid property.

    2. Re:RTFA by tricorn · · Score: 1

      As I read it a few days ago, the library didn't say you couldn't use it outside, they said that the wireless network would only be available during specific hours. Now, whether this was a policy thing ("we won't let anyone use the network ...") or merely a warning that they normally wouldn't keep the network running outside of library hours, wasn't clear. It could well mean that you're free to use it if its running.

      One other thing to note - in the original incident, the library was CLOSED, which is why he was accessing it from outside. He also said there were a couple of other access points wide open at that same point, and that the library had a SECURED wireless network as well (presumably for staff use, etc).

      The really outrageous part was the police officer telling him he to move along, he wasn't allowed to use a computer on a public bench, whether or not he was accessing a wireless network, with or without permission. Only slightly less outrageous was the bit about how they had all been told about this Federal Law that said he was Stealing Signals since he was outside.

  138. I'm so oldskool by hochopepa · · Score: 1

    I used to get busted for plugging into an external electrical outlet outside of a public library. Back then the internet was called "books". It was weird, man. It made sense to me at the time that what I was doing was wrong. Whoever was making decisions about how to offer "Public Services" from the Library had decided that providing a very cheap bit of electrical service to me outside the Library was not what was intended. Ergo, I was misusing a few Public tax dollars. While it seems a reasonable cost for society to up and provide "free" public Internet access to everyone out of our tax dollars, until that happens, it seems reasonable that society should enforce against "theft" of wireless access both Private and Public.

  139. Re:Informative? No, FLAT OUT WRONG. by cft_128 · · Score: 1
    Anybody can call their personal stereo a walkman, because Sony didn't defend the name vigorously enough - thus joining xerox, kleenex, and linoleum in the common lexicon.

    And I bet Sony just loves it too - they have the exclusive rights to use the most common name for the portable cassette player on their products. As an IP lawyer pointed out in another post, they send cease and desist letters to everyone that 'misuses' walkman as evidence they protect their trademark but I bet they don't really care unless it is a competing company that uses it.

    --

    Underloved Movies and Pub Quiz: donotquestionme.org

  140. NWA take 2. by valkraider · · Score: 1

    Because the WiFi users on the street is a Majority.

  141. Am I aiding by allowing unauthed access? by dilvish_the_damned · · Score: 1

    I was going to post that signal theft in the wireless context normally refers to frequency ranges used for wireless phones and cell phones and the like. But then I noticed the officer stated it was a 'new' law.
    The individuals at the nearby phrat house uses our corporate wlan, I have known it for a while. I would hate to be aiding criminal activity by not turning them in or locking them out...
    Does anyone have a link to something official regarding this new law?

    --
    I think you underestimate just how much I just dont care.
  142. He got lucky by EvilStein · · Score: 1

    Man, if that was Oakland, either his laptop would have been stolen or the cops would have clubbed him like a baby seal and *then* arrested him.

    This guy was just told to leave the area.

    Besides, in this day & age, hanging out in front of pretty much any state/county/city facility during off-hours will get you the same treatment. Try it. Go sit around City Hall with your laptop. Same thing might happen to you.

  143. Comment by nurb432 · · Score: 2, Insightful

    I do know how wifi works, but if there is no effort taken to restrict access, then it can be considered public access and should be treated as such..

    Plus its in my yard, so i didnt break any trespass laws..

    Oh, and the 14th does not count.. it wasnt part of the original 10..

    --
    ---- Booth was a patriot ----
    1. Re:Comment by Minna+Kirai · · Score: 1

      Plus its in my yard, so i didnt break any trespass laws..

      If you sit on your lawn and use a dial-up modem to access someone else's computer, you can still get busted for it, even if he stupidly left it open with no passwords. Maybe that's not how things should be, but it's established law.

      Oh, and the 14th does not count.. it wasnt part of the original 10..

      Before the Constitution had any Amendments, it had Articles. Go check on Article 5, and then think again if Amendment 10 is any more valid than 14.

  144. My policy @ the library by 99bottles · · Score: 2, Informative

    As the I.T. director for a public library, let me give my $.02

    We use a timed based ACL to restrict connections while we're closed, but I couldn't care less what you do while we're open. We force a page on the first HTTP request, which gives you the ACU and notes that you're agreeing to it by proceeding. Included in that ACU is adhearing to the law (fed. , state, and local). That ACU doesn't mention where you can use the signal, but if it's a nice day...

    People surf for porn all the time inside the building. Heck, I'd prefer if they'd take it outside. Granted, we've never had to deal with illegal child porn, but if we did, we'd at least have a MAC address and hostname to watch for if they returned.

  145. We did it on purpose by mschuyler · · Score: 3, Interesting

    I'm recently retired as an IT director for a public library. Two years ago I put WiFi in place at nine branches and INTENTIONALLY placed hubs near windows facing parking lots to allow WiFi access outside the buildings and outside normal open hours. We don't guarantee outide (or inside) 100% coverage. (Dooesn't work? Move to another chair!), but the idea is to provide free public access.

    --
    How about a moderation of -1 pedantic.
  146. Slashdot the cops! by jcr · · Score: 1

    I think it would be a very good thing if this officer's entire chain of command (up to the mayor of the town in question) were to receive a couple of hundred polite inquiries as to WTF this officer thought he was doing?

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  147. A priest.... by /dev/trash · · Score: 0, Troll

    But in what religion? And he's ANti-Bush. So it's a conspiracy.

  148. call the police station by Anonymous Coward · · Score: 0

    I just tried to call the police station at: 508-228-1212, but only got transferred to people that weren't there and put on hold for long periods of time. I even talked to the acting chief of police, but he put me on hold too. So I sent email to towngov@nantucket.net to get an explanation. There is another email address: police@town.nantucket.net that one might try too. I don't think it is unreasonable to ask exactly what law is being violated whenever an authority confronts you.

  149. Parent Not Informative, 'cause he's wrong by IBitOBear · · Score: 1

    Dude, check the law before giving legal advice...

    If a term falls into public use as a generic, even without the participation of another company, then the trademark is no longer valid, *THEN* another company can use it.

    Note that the public invalidation happens *before* the other companies use is permitted.

    Were it as you believe, then a company could "disenfranchise" ( generic public usage => effective lapse of trademark => GROSS WEAKENING OF BRAND IDENTITY IN THE MINDS OF THE PUBLIC => use by competetor => (lost) legal fracas declaring word common => common word.

    This is why the "windows" vs "lindows" thing was so important. MS "stole" the common word into their trademark registration (lots of programs had windows in the generic sense, before MS invented, let alone registered the word), and then at the first challenge, they had enough money to "back down" the "Lindows" people. In point of fact "Lindows" was a stronger trademark but the word-thief windows people had better lawyer budgets.

    Trademark Word Thievery is the act of trying to climb back up the decay chart.

    So mod parent down as crap... 8-)

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  150. SECRET SERVICE? by fadethepolice · · Score: 1

    They used to be used to protect the president, and escort prostitutes. Why would the secret service be in charge of eductating local police? They are becoming more an more like their initials would indi cate...

    S.S.

    Enforcing federal law... in secret...

  151. Common sense by zarozarozaro · · Score: 1

    We need to take a more common sense approach to the issue of connecting to an unsecured network. I do this all the time and I do not see it as trespass. I feel that it is not like walking into someone's house after they left the door open, but rather like sitting on a bench that the homeowner has placed near the sidewalk. Even this analogy is not all that accurate, because when you use an open network you may not be on this person's property. If you don't want people using your bandwidth, then turn down your transmission power, turn on wep, turn off your ssid broadcast, or any of the other measures that have been made available to you for just this reason. If you don't know how to do these things then HIRE someone to do it. An honest computer professional will only charge you an hour of labor for this service, more if you have several wirelessly connected computers.

  152. So? by StarKruzr · · Score: 1

    Why are the library patrons INSIDE the walls more important than the library patrons OUTSIDE the walls?

    What does the library gain by having me inside rather than outside? It's not a commercial entity. Being inside doesn't force me to watch advertisements that generate revenue for the library.

    Either way, they are providing a taxpayer service to taxpaying citizens who have come to the library for a specific purpose.

    --

    +++ATH0
    1. Re:So? by IncohereD · · Score: 1

      Why are the library patrons INSIDE the walls more important than the library patrons OUTSIDE the walls?

      Because a library would obviously have certain expectations of the kinds of sites that were appropriate use, and it is much harder to monitor someone outside than inside. It's not like library employees make a lot, or that they have lots of money to keep filter lists updated, etc.

    2. Re:So? by StarKruzr · · Score: 1

      I disagree. I can browse porn in a corner inside and no one will ever know.

      I might be significantly LESS inclined to use the connection inappropriately sitting on a park bench where everyone can see me.

      --

      +++ATH0
    3. Re:So? by Minna+Kirai · · Score: 1

      I might be significantly LESS inclined to use the connection inappropriately sitting on a park bench where everyone can see me.

      Or if you have an apartment near the library, you can use them for all your broadband internet needs. Run a P2p hub and use ALL their bandwidth, why don't you?

    4. Re:So? by teaman2000 · · Score: 1

      Running a P2P hub would presumably be barred under the library's terms of service. But, assuming the terms permit surfing the web (which presumably our priest was doing), then he's doing nothing wrong. If a library doesn't have rules against taking out 10,000 books at once, you could take out all those books. It's not fair to other members of the public who might not get their share of the public resource, but public resources are not always distributed fairly.

      If the library doesn't choose to ban an activity, then it is allowed. As has been pointed out here, these are services provided by the public. But I'm sure a savvy librarian would be blocking this sort of abuse.

    5. Re:So? by himitsu · · Score: 1

      If I remember correctly the Supreme Court recently ruled against libraries using filtering software to censor the sites that the public can access at their terminals. Government institutions have to play by the Bill of Rights and the rest of the Constitution and all sites are technically free speech unless they present clear and present danger to incite violence or criminal activity.

  153. Re:it's a free county by PriceIke · · Score: 1

    My point with the "free country" statement is that it should NOT be automatically illegal for a computer user to think of a new way to use his computer and/or software. It's like the HIAA (Hammer Industry Association of America) suing people who use hammers to whack at things besides nails or pry up things other than nails because they "are operating outside the legal bounds of the license agreement" or some such BS.

    This guy found some bandwidth--outside the box, so to speak--and believed, correctly, that it was provided for him to use, so he used it. But because he was doing it in an unconventional way (and probably because it involved the internet) this cop decided it must be illegal and made him stop. That's what pisses me off about it.

    --
    It's not a lie. It's the truth with lossy compression.
  154. Re:IANAL, IAAUSC with the inherent responsibilitie by hsidhu · · Score: 1

    I think you mean Henry David Thoreau .

    Prolific writer of his time who needs to be read a lot more especially given the times we live in.

  155. GorAm SlashDot Errors by IBitOBear · · Score: 1

    So when you use the less-than sign in a "Plain Old Text" posting instead of using the ampersand-l-e-semicolon thing, slashdot will eat some of your text.

    If it's plain old text, then the system should not do an "html remove" or whatever, it should turn the plain text into the decorated text.

    Someone needs to fix this text entry dialog box.

    The system ate nearly a paragraph because it was trying to do _something_ _inexplicable_ about a less-than sign followed dozens of words later by a greater-than.

    It's not that hard to turn an literal less-than into the actual ampersand-le thing, and having done that, the "cross-host-scripting" is prevented becase the long-form thing isn't a less-than any more...

    Very Vexing...

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  156. Who Cares? by Anonymous Coward · · Score: 0

    Why are the police worrying about some priest using the library wifi?

    Do we not have AIDS, Cancer other other such problems which plague man kind?

    Lets start worrying about that stuff.

    COME ON...

    1. Re:Who Cares? by SenFo · · Score: 0

      Other than a few indirect things like going after prostitution, what does the police department have to do with AIDS and Cancer? And who cares? I care...I don't want somebody using a security hole in my access point that I'm unaware of, for illegal activities. Next thing I know, I'm in jail because some prick decided to take credit card numbers from Amazon? I don't think so...

  157. bogus analogy by criscooil · · Score: 1
    Just because I leave my door open doesn't mean you can walk into my house whenever you want.
    I cant believe this was modded insightful. Here's a more appropriate analogy: Imagine the library hired an orchestra to play background music for the patrons, but you can hear the music outside. Could you get people busted for standing on the sidewalk, listening?
    --

    My life is an open book ... up to a point.

    1. Re:bogus analogy by IncohereD · · Score: 1

      I cant believe this was modded insightful. Here's a more appropriate analogy: Imagine the library hired an orchestra to play background music for the patrons, but you can hear the music outside. Could you get people busted for standing on the sidewalk, listening?

      A) As has been mentioned like 900 times in this thread, you are not using up the sounds that other people are hearing in any appreciable way, like you use up the bandwidth of a WiFi connection.

      B) If you got a big enough crowd? Yes. Unlawful assembly, public disturbance etc., etc. There's a reason concerts have security outside as well as in.

  158. As a vim user... by kikta · · Score: 1

    I've always been under the impression that emacs is a cult... ;-)

  159. Re:Priest? So? by Anonymous Coward · · Score: 0

    Good moral character huh? What about this guy

  160. Can we expect solar regulation as well? by gu10tag · · Score: 1

    Okay, so now they have a law that prevents me from using someone elses bandwidth via an open WAP.

    Are they going to create laws that prevent me from using streetlamps to run my solar-powered devices as well?

    Probably not, but what's the difference? These resources are being paid for by me (at least in the case of public library WAPs and street lamps). Is it security? What is preventing me from using the energy from a streetlamp to...whatever.

    Ugh.

  161. Reality, not anger by Anonymous Coward · · Score: 0

    I'm guessing you're white. Well, I'm not. I also drive a Jaguar (when it's not being repaired) which seems to attract more cops than a Dunkin' Donuts. I've been pulled over coming home from work over ten times this year. I never receive a traffic summons. They just check my license and registration, finally letting me go after standard "few questions". I've had the car tossed [by the police] a few time too. It seems they suspect trouble when they see a Mexican-American driving a nice (completely stock) "white man's" car. It's called DWM (Driving While Mexican). Maybe if I got a Hyundai or a Kia they'd leave me alone.

    I can't speak for the grandparent poster but there's a lot of people that agree with him. Cops create as much trouble as they stop.

  162. FCC ruled it was "ok" I thought? by rajid · · Score: 1

    I thought I remembered an old ruling by the FCC which basically said, "if radio signals are passing through you, you're free to do with them whatever you like." This has been applied to things such as intercepting satelite TV transmissions and using radar detectors. (Yes, radar detectors are illegal in some states but that's only because no one has bothered to pay the money to take it to court yet.) I don't see why one part of the radio spectrum is any different from others. Maybe my understanding of the FCC ruling is incorrect?

  163. Worngful prosecution by Anonymous Coward · · Score: 0

    Let me roll this off:

    1. The 2.4GHz and 5GHz spetrums are unlicensed public frequencies, you CANNOT be charged with signal theft and any FCC lawyer can tell you that; it's the same as listening and transmitting on a Citizens Band (CB) radio

    2. If it was a PUBLIC library, any citizen is allowed access to the resources there-in, including any Internet connection that is offered inside, outside, or otherwise; restrictions may apply and login information may be required for access, but unless you are charged and found guilty of wrongdoing with said connection, you are as welcome to use it as little Suzie in the third grade doing her report on dinosaurs

    3. Arguing with a cop, as long as you do not become beligerent or otherwise disorderly is the same as arguing with anyone else and if the cop is an ignorant buffoon (which he/she was in this case), you are guaranteed the right to call him/her one to his/her face by the constitution and the 1st Ammendment which guarantees freedom of speech; I have had many lengthy discussions with uppety cops that think they can intimidate private citizens. One made the mistake of calling me 'son' and I proceeded to inform him that I was not his 'son' and that addressing citizens in such a manner would generate a formal complaint to his commanding officer. It's surprising how knowing your local police stations phone number and having a cell phone handy changes the demeanor.

    4. Finally, if the cop did arrest you, the charges would most likely be dismissed and you could then turn around and sue him/her and the department for wrongful prosecution; another nice civil right we have in the United States; remember folks, in the US judicial system, it's not what you know (or what you think you know) it's what you can prove (beyond a reasonable doubt)

  164. Where's the article/newsletter? by ShinyBrowncoat · · Score: 1

    Maybe it's just me, but I don't see mention of this anywhere in the most recent "Wireless Computing Devices" newsletter posted on THE NWFusion website...

    --

    "They've canceled the show but we're still here. What does that make us?" "Big Damn Junkies, Sir!" "Ain't we just"
  165. Public Broadcast by Anonymous Coward · · Score: 0

    For my two cents, and IANAL.

    It's a wireless hotspot, aka, using non-directional radio broadcast.

    It's from a public institution that provides this as a public service.

    It was in no way "locked up or restricted".

    By the very circumstances it is obviously there to be used by the public.

    The priest didn't do anything wrong, there was no signal theft, the cop is a stupid powerhungry prick.

    If I legally broadcast my home radio show over an obtainable frequency without any encryption or other security, it is totally legal for anyone who can tune in and listen, to do so.

    Besides that, anyone who wants a private network but doesn't activate any security is utterly incompetent, or paid off by someone. And the last time I checked, the computer people at libraries don't do a lot of drooling on their shoes...

  166. Turnabout isn't fair play? by Quixadhal · · Score: 1

    For decades now, television and radio networks have been spamming my home, invasively, with high-frequency energy weapons (commonly known as radio and television). These weapons have unknown physical effects on the human body, but the advertisements and pathetic mind-numbing drivel that they call "programs" should be considered a form of psychological warfare when decoded using a standard television or radio receiver.

    NOW, we finally have the means to fight back and use the airwaves for our own purposes (via a broad network of low power high-frequency transcievers, commonly called Wi-Fi)... and they want to make it illegal!

    I'll stop using public access points when they stop irradiating my home with network commercialism. .... or when the people running things get a Clue (TM) and either use encryption (digital library cards anyone?) or go back to lead-based paint to stop signal leakage.

  167. DEAR GOD by nitrocloud · · Score: 1

    ... get a Faraday cage to "close" the open signals...

    --
    Karma: Good, or bust!
  168. And the self-pity bat comes out.. cute by JPelorat · · Score: 1

    You guess I'm white? Oh, now you're psychic? Got all the stereotypes memorized?

    Heh. How does it feel to be a racist? Not that you'd ever admit it, of course.

    --
    Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
  169. So What? by SenFo · · Score: 0

    Big deal, it's not like he was arrested or anything. The police man informed him that he was violating a law and asked him to stop. What's the big deal? If I had some unknown security hole in the wireless access point at my house and somebody was using it for illegal activities, I'd want some kind of protection, too.

  170. SLC Internet policy by jboetje · · Score: 2, Informative

    A reading of their Internet Policy states The mission of the Salt Lake City Public Library is to provide free access to information, materials and services to all members of the community to stimulate ideas, advance knowledge and enhance the quality of life. To support this mission, the Library provides gateway access to the Internet and other electronic resources.The Library considers electronic technology to be a powerful tool and an effective means to extend open access to information and ideas for patrons. But there's nothing about a patron having to be physically inside. The only written prohibition is Use of library equipment or network access for illegal purposes is expressly prohibited. Access to obscene materials by minors is restricted in order to comply with Rule 223-2.. Please take a copy of this document the next time you sit near the library...

  171. Bidirectional transfer by phorm · · Score: 1

    Not quite the same scenario though. Connecting to an open WiFi is a bidirectional transfer. You're not just listening, but transmitting and requesting information as well. This might be more akin to flipping the channels on your radio through an open window than just listening to it... not quite the same though since using open WiFi is somewhat less disruption (and for the record, I think the cop was being an idiot anyhow).

  172. dumb mistake by hobbsbutcher · · Score: 1

    What if the cop was a new officer on the beat and just made a dumb mistake? They learned their lesson and he'll move on...isn't this the simplest explanation?

    --
    Jonathan B.