Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her blog. It represents the defendants.
This was while he waited outside the office of a business partner in the car in the parking lot, using his laptop with his wireless. This was expressly permitted to him. It should, however, have logged into the wireless from a neighbor in a nearby apartment building. This was noticed because of the flickering lights on the router. He called the police and detained until their arrival with the help of family members of the surfers from driving away.
“Who is logging illegally in an encrypted WLAN must either circumvent the encryption or obtain the key in any form – which would be punishable Relevant here are the paragraphs 202a and 202b of the Penal Code.” Jens explained also by the firm in August in Alsdorf interview with ZDNet.
When you log-in into an unencrypted wireless contrast, there were no hurdles to overcome one or protection mechanisms, which can be tricked. Rather, we use the (open) wireless technology as intended – though perhaps against the will of the owner. “But that’s not exactly embraced by the criminal law.”
The attraction of the interception prohibition (Section 89 Telecommunications Act) exceeds his view, the legal framework and represents a misuse of that clause dar. Personal data of the Wi-holder had been through the Wi-Fi users are also not covered.
The district court of Wuppertal has endorsed this view: Regarding the “bugging ban” it provides explicitly the scope of Section 89 of the Telecommunications Act, “spanned”. At the same time the judge made it clear that it applies the simple surfing over Wi-Fi is not a foreign third party personal data automatically. In addition, he has – contrary to the earlier ruling – also noted that the intranet IP address assigned is not personal.
Update Meanwhile, there is also the press release of the tribunal to confirm the facts. It is available as a PDF download.
Gallery Wi-Fi router to the Test: What can they really »Picture Gallery …
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
Wuppertal Regional Court rejected an appeal by the prosecutor’s appeal against a decision of the district court of Wuppertal in August. The latter had refused the request of the Prosecutor for the opening of main proceedings because of “data snooping” against unwanted users of an open wireless network. It also shares the office with her [...]
