by cob » Jun 23, 2006 9:04 am
not a lawyer, so take all of this with a ton of salt:
The airwaves are public domain (nobody owns them) and regulated by the Federal Communications Commission. To broadcast you need a license, to listen you don't. That is why nobody will ever get arrested for listening to a police scanner (in this country anyway)... the cops don't own the air waves, we do and we let them use them in the public interest (they have to get a license from the FCC just like a ham operator)
There was (I think) a time when talking on a cell phone was considered to be in the public domain, and the cops didn't need a warrant to listen in on your calls. As I understand it, this changed rather quickly. (cell companies are licensed to use the airwaves and "lease" them to you, wifi companies have the same arrangement) Wifi is still new. Emerging technologies always push the boundaries of the law back and forth. Hence, the current confusion. Is using someone else's wifi connection to surf the internet (receiving information only) "broadcasting"? Is using their wifi to send e-mail "broadcasting"? This FL (and all other state laws attempting to regulate wifi) is a joke, simple political pandering, and will probably be thrown out as soon as someone appeals to Federal Court. The states do have the right to add using wifi in the commission of a state crime as a crime of it's own, but that is it. Of course, appeals take money and this guy will probably just stike a deal and pay the fine to make it go away.
The FCC is, as I understand it, the only govt. entity that can regulate the airwaves, and congress thru the interstate commerce clause of the constitution (Article I, sec 8) has the authority to right laws pertaining to it. The FCC, lacking guidance from congress, will just make up the rules as they go along. Of course, the civil law side of all this is entirely different, and I suppose a wifi company could sue somebody for "stealing" (or sharing) their signals. I would know nothing at all about that.
again, this is only a layman's veiw of the law, so take with a TON of salt.
tom
If fate doesn't make you laugh, then you just don't get the joke.