Guilty till proven innocent
Compromised said:
Wireless uses radio. Radio is PUBLIC access in Canada, governed by the CRTC. Stealing information in transit is illegal, but the use of the network itself is not.
"Theft of Communications" is an federal offense under the Canadian Criminal Code (s.326). It's interesting to note that the
accussed must prove he had permission to use the facility.
(Btw, I use other people's open access points all the time and I've never thought of it as being illegal)
http://www.robic.com/publications/Pdf/222-03LPG.pdf#search="s.326 theft of telecommunications"
CANADIAN CRIMINAL PROVISIONS DEALING WITH TELECOMMUNICATIONS
by Louis-Pierre Gravelle*
The Canadian Criminal Code (R.S.C. 1985, c. C-46) establishes a number of specific offences dealing with telecommunications, notably theft of a telecommunication service (s. 326) and possession of device to obtain telecommunication facility or service (s.327). Other criminal provisions dealing with the unauthorized use of a computer and invasion of privacy are beyond the scope of the present article.
For the purposes of these two sections, «telecommunication» is defined as any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual, or other electromagnetic system, which encompasses in exhaustive manner any form of communication at a distance (s. 326(2)).
Theft of telecommunication service will occur when any person, in a fraudulent or malicious manner, or without colour of right, (1) uses, consumes or abstracts electricity or gas, or causes it to be wasted or diverted; or (2) uses any telecommunication facility or obtains any telecommunication service. Accordingly, the application of this section will be triggered by the mere fact of falling within one of the circumstances stated above. The state of mind of the accused is unimportant, but the act must be fraudulent, malicious or without colour of right.
The section imposes a reversal of the burden of proof, so that it is up to the defendant to prove that he or she has colour of right to the use of the telecommunication service, or that the use is not fraudulent or malicious. It is important to note that the conditions with respect to the taking or conversion are not cumulative, but rather are in the alternative, so that the act does not have to be fraudulent, malicious and without colour of right; only one of these is necessary.
