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Wi-Fi Liability: Potential Legal Risks in Accessing and Operating Wireless Internet

Wi-Fi Liability: Potential Legal Risks in Accessing and Operating Wireless Internet

HALE, ROBERT V., "Wi-Fi Liability: Potential Legal Risks in Accessing and Operating Wireless Internet" . Santa Clara Computer and High Technology Law Journal, Vol. 21, p. 543, 2005

Abstract:

    Suppose you turn on your laptop while sitting at the kitchen table at home and respond OK to a prompt about accessing a nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing someone else's wireless access point? How about intercepting wireless connection signals? What about setting up an open or unsecured wireless access point in your house or business? Attorneys can expect to grapple with these issues and other related questions as the popularity of wireless technology continues to increase.

    This paper explores several theories of liability involving both the accessing and operating of wireless Internet, including the Computer Fraud and Abuse Act, wiretap laws, as well as trespass to chattels and other areas of common law. The paper concludes with a brief discussion of key policy considerations.

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Facts on voip

  • The nature of IP makes it difficult to geographically locate network users. Emergency calls, therefore, can not easily be routed to a nearby call center, and are impossible on some VoIP systems. Moreover, in the event that the caller is unable to give an address, emergency services may be unable to locate them in any other way.
  • In general, phone service via VoIP costs less than equivalent service from traditional sources. Some cost savings are due to using a single network to carry voice and data, especially where users have existing under-utilized network capacity they can use for VoIP at no additional cost.
  • Voice over IP traffic might be deployed on any IP network, including ones lacking a connection to the rest of the Internet, for instance on a private building-wide LAN.

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