ACK! -- CONTINUED

L. Adrian Griffis adrian at nerds.org
Mon Apr 21 13:04:53 CDT 2003


On Mon, 21 Apr 2003, Jonathan Hutchins wrote:
> Quoting Kurt Kessler <kessler2k at yahoo.com>: 
> > Sorry, I dont agree with that. It is breaking and 
> > entering. Sure its neat to explore and what not, but 
> > this is not naive exploration. this is no different 
> > that going into someones house, or place of business 
> > without permission. Trespassing? maybe. But I can 
> > press charges for trespassing... 
>  
> To prosecute someone for trespass, you need to show that you either posted the 
> property clearly with "no trespass" signs of some sort, and/or that you told 
> the person to leave the property [..]

Actually breakig and entering make a good comparison.  A locked
front door amounts to a statement of your intent not to have
just anybody in your house.  You don't need to put a separate
"No Trespassing" sign on your front door.  It doesn't matter that
any 10 year old can probably be taugh to pick the lock on your
front door.  Most people probably ought to consider more
carefully just how inadequate such a lock typically is, and most
people probably ought to learn that there are particular brands
and models of such locks that are more secure;  But, none of that
changes the fact that bypassing a locked door makes the offense
more serious, because the fact that the door is locked is an
indication of the owner's intent.

Adrian




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