[CWN-Summit] Sinister Tmobile

[Stelios Valavanis]

wow i thought it was more of a free-for-all. perhaps somebody might be able to 
argue that in their own space they can block or facilitate others, contrary 
to point #2 below.

On Monday 20 December 2004 09:24 am, Harold Feld wrote:
> 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
>
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