Earlier quoted context omitted.
I was once in a Marriott that gave free Wi-Fi to Apple devices and charged all other devices. I didn't know about the Apple deal till a colleague on the same trip told me he was getting it free on his Macbook Pro. Needless to say, I spoofed my MAC address and User Agent and got it free as well. Not sure which one it was actually checking, but probably the latter. Anyway, something to be aware of.
Good tip but is it sensible to admit to several criminal offences on a public forum?
Choose hotels by the quality of their WiFi
121–130 of 240 posts
Re: Choose hotels by the quality of their WiFi
#122One thing that I noticed, is that the more expensive the hotel, the worst is the WiFI. Same applies when I have to pay for WiFI - the more I pay, the worst it is. I've found that 3 star hotels that offer free WiFI usually have the best speeds/service. Whereas 5 star hotels that usually charge $14.95 daily have the worst.
Oftentimes, the reason for this is that those hotels were particularly early in offering their guests internet access but then bought into a draconian external service provider with awful service, high fees, very long contract duration, and slow speed. Usually, when I'm in an expensive hotel with awful (paid) internet, I speak up and they explain this to me. The last hotel where that happened explained to me that man…
Re: Choose hotels by the quality of their WiFi
#123Earlier quoted context omitted.
Good tip but is it sensible to admit to several criminal offences on a public forum?
There was no visible policy. As far as I'm concerned, it was free Wi-Fi for User-Agent X, so I used User-Agent X.
In particular, in more serious legal matters, the fact that you admitted you understood the intent of the policy would be held against you. Courts simply don't buy into the idea that "if something is technically allowed, it's authorized", any more than it's legal to enter through a window if a door is locked.
Re: Choose hotels by the quality of their WiFi
#124My wife checked us into the Sheraton in Tulsa (or was it Oklahoma City?) on the return leg of our wide circle trip out west and she turned to me and asked if I wanted to pay $10 for internet access. I almost exploded. One of the managers tried to tell me the reason they charged for it was to be up front about the costs of services they provided cause they were a "full service hotel". If I wasn't so tired, I would hav…
The hospitality industry doesn't operate at nearly the same pace as the tech industry. If you think back, 10 years ago it wouldn't have seemed unreasonable for a hotel to charge for internet at all. They're likely under contract, they realize an additional revenue stream, etc. It's hardly the morning staff's fault.
You also seem to want to ignore the fact that, on a 4000-mile, 10-day journey, they were the only hotel that charged for internet. This doesn't include the multitude of business trips I take every month where, again, I never get charged for internet.
So, iow, charging for internet service is not the norm. Nor is charging for telephone service. And don't mention it to the front desk. It's not their fault.
Re: Choose hotels by the quality of their WiFi
#125Earlier quoted context omitted.
There was no visible policy. As far as I'm concerned, it was free Wi-Fi for User-Agent X, so I used User-Agent X.
Whereas it's obviously silly to suppose that gaining access to Wi-Fi is a criminal act worth worrying about, it's also worth pointing out courts reject arguments like this. In particular, in more serious legal matters, the fact that you admitted you understood the intent of the policy would be held against you. Courts simply don't buy into the idea that "if something is technically allowed, it's authorized", any more…
If by "arguments like this," you mean following the law but with suspect motives, then one of the strengths of the legal system in the US is that the courts absolutely accept arguments like these.
In criminal matters, you typically need both intent and some act forbidden by statute before a finding of guilt. You can't indict someone for ill will.
Intent alone is not generally sufficient for a conviction is the US, save for some cases of special liability (attempts, or some forms of aider and abettor or conspiracy). Sometimes intent doesn't matter at all, but that's generally reserved for traffic cases or statutory rape, where intent would pose special difficulties proving beyond a reasonable doubt at trial.
I can think of only a few notable counterexamples where a court made inferences about true intent and made a finding against a party despite a standing rule that would have let them off. MGM v. Grokster could be read that way. Grokster ran a service with "substantial noninfringing uses," which was previously sufficient for a defense of fair use. However, Grokster was found to infringe based on their constant encouragement for people to use their services to infringe. Grokster had "the object of promoting [their service's] use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement." You could read that as a sort of retroactive punishment for ill intentioned behavior.
Here's the twist though, that wasn't criminal law. There's generally a much higher bar for criminal law to strictly apply statutes as written. In civil law, both parties are citizens with equal rights before the courts, so there's more of a balancing test. In criminal law, most presumptions run against the state.
This isn't just a US twist. A German scholar of jurisprudence, Friedrich Carl von Savigny, was one of the first to argue that criminal (and tax) laws must be interpreted as narrowly as possible, because people deserve fair and clear warning of what is allowed and prohibited. See also the "Rule of Lenity" in statutory interpretation, whereby ambiguous criminal statutes are interpreted in favor of the defendant (wikipedia points to McNally v. US and a few other relevant cases): https://en.wikipedia.org/wiki/Statutory_interpretation#Canon...
This isn't just a convention in the US though, judges cannot extend criminal laws to criminalize novel activity, because that would violate prohibitions against "ex post facto" laws under Art. 1 Sec. 9 of the Constitution. Ie, the Constitution forbids making some act a crime after it happened, the state must provide advanced warning. (Well, technically it's a violation of 14th Amendment Due Process, since Art. 1 Sec. 9 only binds the legislature, but similar principles apply). A fuller treatment can be found on this issue from the Supreme Court in Bouie v. City of Columbia and Rogers v. Tennessee. https://en.wikipedia.org/wiki/Bouie_v._City_of_Columbia https://en.wikipedia.org/wiki/Rogers_v._Tennessee
Although dissenting, and again not in criminal law, Scalia provided a nice quip on the subject in the recent Aereo opinion: "It is the role of good lawyers to identify and exploit [legal loopholes], and the role of Congress to eliminate them if it wishes." American Broadcasting Cos. v. Aereo, Inc., (Scalia, dissenting)
(To the point of the intent required by the CFAA, which might be in question here, Kalow v. Springnut would probably be illustrative: http://blog.internetcases.com/2008/07/17/cfaa-requires-inten... )
Re: Choose hotels by the quality of their WiFi
#126Earlier quoted context omitted.
Oftentimes, the reason for this is that those hotels were particularly early in offering their guests internet access but then bought into a draconian external service provider with awful service, high fees, very long contract duration, and slow speed. Usually, when I'm in an expensive hotel with awful (paid) internet, I speak up and they explain this to me. The last hotel where that happened explained to me that man…
The standard solution (via Coase's theorem of economics) is that they should just buy out the contracts, but it seems this isn't happening. I wonder why this is.
Re: Choose hotels by the quality of their WiFi
#127Earlier quoted context omitted.
Oftentimes, the reason for this is that those hotels were particularly early in offering their guests internet access but then bought into a draconian external service provider with awful service, high fees, very long contract duration, and slow speed. Usually, when I'm in an expensive hotel with awful (paid) internet, I speak up and they explain this to me. The last hotel where that happened explained to me that man…
The standard solution (via Coase's theorem of economics) is that they should just buy out the contracts, but it seems this isn't happening. I wonder why this is.
Re: Choose hotels by the quality of their WiFi
#128I used to do consulting and traveled 100%. The term "High Speed Internet" is a common misnomer with Hotels, and was a bane of my existence, because it typically meant > 56k but These were with Hyatt, Marriott and Hilton hotels, mind you. If aggregaters like Hipmunk could incorporate this speed data, the way that they have with in-flight wifi, then hopefully there will be a push to improve this standard.
Re: Choose hotels by the quality of their WiFi
#129Re: Choose hotels by the quality of their WiFi
#130One thing that I noticed, is that the more expensive the hotel, the worst is the WiFI. Same applies when I have to pay for WiFI - the more I pay, the worst it is. I've found that 3 star hotels that offer free WiFI usually have the best speeds/service. Whereas 5 star hotels that usually charge $14.95 daily have the worst.