Elixer wrote:
The problem with the arguement that you have a 'right' to all of the radio waves on your property is that there is no reasonable way for your neightbor to prevent his radio waves from coming onto your property. With a well aimed 24Dbi directional antenna you can literally pick up and use wireless connections from miles away.
Here in the United States use of much of the Radio spectrum is
regulated by the government. There are requirements that users of
the spectrum not interfere with each-other. (e.g. limits on power, etc.)
In some of the unlicensed bands, as I understand it, the individual user is responsible for making sure that their use not interfere with other users.
So it isn't so much a right to the radio spectrum on your property, but
there is a responsibility to not interfere with others.
As to how to do that - there are lots of ways. Take the approach you mention (in reverse) and use a less powerful antenna. Use a directional antenna. Use less powerful broadcasts. Change to different frequencies. Stop broadcasting, etc.
Another way to look at the matter of who is at fault, that I was getting towards in my previous post, but hadn't thought of in these terms.
One might also be liable for an unsecured wireless connection as improper maintenance of an attractive nuisance.
e.g. If you have a swimming pool in your yard, and somebody trespasses
to use the pool, and hurts themselves - you can be held responsible.
Even if they were using it without your consent. You have to put up some
reasonable protection around it to prevent unauthorized use.
(e.g. if you can show that you put a fence around the pool, but they
cut the lock off the gate, then it is their blame. But you have to have
put some reasonable precautions in place to prevent public access.)
Since many regard free access to information and communications as potentially hazardous. (Witness parental internet filters, censorship, book burning, ...) It seems reasonable to assume that an unsecured wireless connection might constitute improper maintenance of an attractive nuisance. So if your neighbor has your kid arrested for using their wireless network, one might counter that the their unsecured network contributed to the kid to dropping out of school by allowing their continued addiction to World of Warcraft.
Just a thought.
