Posted on 02/24/2007 6:58:29 PM PST by conservative in nyc
Brian Tanner was sitting in his Acura Integra recently outside the Palmer Library playing online games when a Palmer police pulled up behind him.
The officer asked him what he was doing.
Tanner, 21, was using the library's wireless Internet connection. He was told that his activity constituted theft of services and was told to leave. The next day, Sunday, police spotted him there again.
"It was kind of like, 'Well gee whiz, come on,' " police Lt. Tom Remaley said.
The police officer confiscated Tanner's laptop in order to inspect what he may have been downloading, Remaley said. Remaley on Friday said he hasn't looked inside the computer yet; he's putting together a search warrant application.
Alaska state troopers had chased Tanner off a few times at other locations, Remaley said.
Tanner said that was true. He has a device on his keychain that sniffs out wireless networks. When he found one, he would park in his neighborhood and use his $800 Dell laptop to hop on the Web. But worried neighbors summoned the troopers, who told him to park in a public place.
"I went to the public library because I go there during the day," Tanner said.
Though the library was closed, its wireless was up and running, he said.
Tanner said he was upset that he hasn't gotten his computer back yet. The police have told him he won't until the case is concluded, he said.
Jeanne Novosad, the library system manager, said the wireless connection is normally shut off when the library is closed. But the library was waiting on a technician to install a timer and the connection was left on after hours for several days, she said.
(Excerpt) Read more at adn.com ...
Seems like the police went a little overboard here.
While traveling, I've stopped by motels that advertise wireless internet and spent a few minutes checking email and Free Republic's latest threads.
Don't we all pay taxes so the libraries can have internet services? And a network at a public library...doesn't seem like theft to me. Sounds like somebody wants to make a big deal out of this. Dorks.
Simple issue. Is the public allowed to use the library's wireless internet or not?
Great point!
Aren't home networks password protected, or are many too lazy or technically challenged to use a password.
He should give back what he stole.
Considering that the bandwidth is from public dollars it isn't unreasonable that anyone within that wireless hotspot be able to use it. The cops may have been a little overzealous.
However, illegal parking, loitering, or other public nuisance seems like a better approach if there is a violation of the local ordinances.
I would like to know what law was broken. Does this mean that scanners are illegal?
It can't be construed as illegal.
To connect, your computer asks permission to connect. The router then indicates whether or not permission is granted.
Make sure the judge understands this.
I guess there is no crime in Palmer, Alaska.
If they told him to go park in a public place.....If he can afford a Dell lap top, and a scanner he should be able to al least afford dial up.
Scanners are explicitly prohibited in federal law from operating at cell phone frequencies. Scanners sold must block access to those frequencies.
If he pays a tax in the community which goes to fund the library, did he steal anything? or did he pay for it?
Depends on why he was using it instead of a connection that could be tied back to him.
"The police officer confiscated Tanner's laptop in order to inspect what he may have been downloading, Remaley said."
The case will probably go away if there isn't anything illicit on the machine.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
It's not theft, it's unauthorized access...and I don't know why this kid surrendered his computer BEFORE the police had obtained a search warrant. Correct me if I got the facts wrong.
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