Michigan man dodges prison in theft of Wi-Fi | Tech news blog – CNET News.com

Arrgh! Why don’t these wi-fi users call me? I’d love to help fight a prosecution like this.  Apparently, opisthorchiasis Orin Kerr and I agree that there are a lot of solid defenses to this kind of charge.  I’ve even written a motion that is a broader corollary of the due process claim Orin describes.
The brief argues that Anglo-American jurisprudence usually requires that the criminal defendant have a guilty state of mind (mens rea) and that if a statute does not expressly state that the crime is one of strict liability, meningitis then courts must read mens rea into the statute.  What this means for users of open wireless access points is that the prosecution should have to prove that they knew their access was prohibited by the owner, and that lack of authorization can not be presumed, especially in the absence of security barriers or warnings.
Now I’m just waiting for an opportunity to use this argument.