[CWN-Summit] Sinister Tmobile

[Harold Feld]

At 11:39 PM 12/16/2004, you wrote:
>When i blogged about the situation to see if others had the same problem
>connecting, the lone response was to go to the coffee shop across the street
>inside one of the theaters.  Didn't know there was one and proves Sascha's
>point about $tarbuck$ shooting themselves in the foot.  If the other cafe
>uses one of Cleveland's local roasters, you can guess where I'll be hanging
>out downtown.
>
>Just another thought, if some of what Mike was saying is happening, isn't
>that interfering with a legitimate signal and illegal?  What say the
>legal-eagles at EFF, New America, and MAP?
>
>Steve Goldberg
>Tremont Wifi Neighborhood

It is illegal to interfere with someone else's signal, not to restrict your 
own.  Nor do I think it is illegal to interfere with a signal if it is not 
intended to be received.

To illustrate the following cases.
1) Starbucks acts to prevent person sitting in Starbucks from using a 
neighboring network that is accidentally left open because clueless person 
does not alter the default settings.  NOT Illegal.

2) Starbucks prevents person sitting in cafe from reaching public hotspot 
that overlaps Starbucks.  Probably illegal.

Of course, one has to file a request for enforcement action.  Also, I am 
suggesting that it is illegal based on a straight reading of the 
Communications Act.  The FCC _could_ decide otherwise.  The issue has never 
been presented to the FCC, or to a federal court.

Harold