Saab - Sorry I only just saw your latest post...
So if someone uses up another person's monthly download quota that's OK then?
- That's not what I said - I posed the thought that it might not be costing them anything extra, as the connection to the ISP was already paid for...
How on earth is anyone supposed to know what the monthly download limit would be anyway ? ( In the case of someone NOT doing anything dishonest - lets assume they believed they were connected quite legally to one of the many free to access wireless hotspots )
If the "owner" of the wi-fi setup has a monthly download limit then all the more reason for them to secure their equipment !
And if a network is used by a miscreant for nefarious purposes - uploading, downloading or attacking - that's OK too?
Now who said that ? Don't be so silly
My question was aimed at identifying what the specific offences are / were -
Thank you Navajo8686 for your comprehensive post.
So whatever happened to common sense ?
If someone goes round "sniffing" and then "dishonestly" uploads, downloads, attacks or does anything else "dishonest" then they deserve all they get.
On the other hand if someone "accidentally" gains access to a wireless network, ( maybe while trying to find a legal free hotspot connection, and is doing nothing "dishonest" then I don't see how they could be prosecuted, ( under the Act quoted by Navajo8686 ), as they would :
a) Not have committed a dishonest act, and
b) Would not have been intending to avoid payment of a charge applicable to the provision of that service....
BOTH elements of which are required under the Act for the offence to be complete.
Coconutty
Edited to add : If you left the front door of your home wide open and someone wandered in, they would NOT automatically be guilty of burglary - UNLESS they entered "dishonestly" - intending to steal or commit certain other offences, or once inside they stole or damaged anything etc.
Without the extra "dishonesty" there would just be a case of civil trespass to deal with !