So let’s say someone places a secured wifi on private property but in proximity to a well attended public place and gives it very obscene title. Is this in any way illegal?
why would it be.
Go crazy, name your dog ‘Cuntflaps’.
I imagine in America freedom of speech protects ‘Fuck Obama’ and ‘Fuck Trump’ — in say the PRC or Saudi I would refrain from scathing descriptions of the local oligarchs.
I gotta wonder, though.
As little as some blue-nose ignoramuses complain about the Federal Communications Commission not doing “their job”, they tend to bluster about stuff that isn’t actually in the FCC’s domain. Such as, cable TV. (“The FCC should punish this filth.” “Is it coming in over cable?” “Of course!” “Then it’s not the FCC’s problem.”)
But anything in an over-the-air broadcast ([del]magic[/del] public radio waves) is in FCC’s regulatory wheelhouse. In theory, your offensive SSID could be the FCC’s problem.
Practically speaking, probably not. But you have to wonder if you come up with a creatively profane Wi-Fi spot name and an ill-tempered puritan digs up the phone number of the local FCC office, what might happen.
But the FCC isn’t just winging it. They have established procedures and regulations, none of which, as far as I know, have anything to do with punishing people for profane WiFi SSIDs.
Maybe they even have the ability to change those regulations in the future without congressional approval, but that isn’t going to apply to you ex post facto. Knock yourself out until then.
Maybe not prosecuted, but made to change it? You’re broadcasting an obscenity via radio. That’s not permitted, is it?
Because your wifi name is automatically transmitted outside your own home to other users. If you voluntarily equip your system with wifi, you are acknowledging that the name you are using will be publicly disseminated to the general public whohave no means to anticipate it or block it. Freedom of speech does not encompass transmitting obscene or indecent language to unwitting listeners.
A man in Michigan was successfully prosecuted and convicted and fined for dropping the F-bomb when he fall out of a canoe at a state park, withn hearing of children camping nearby. His first amendment rights did not help hijm a bit.
I would love to see a cite for that just so I can show people how dumb Michigan is in the future.
As far as it goes my WiFi was named “my cock” for years because it made me laugh when ever I saw people were connected to “my cock” once I moved in with my wife she told me that I had to name is something family friendly so it is now named “family friendly”. It would make me smile to know I was flouting federal regulations all of those years.
The FCC thing is interesting.
They control inappropriate content for broadcast TV and radio. Note that things like satellite TV/radio can be obscene since it’s encrypted. If you pay for the service, in order to view it unencrypted, you are presumed to not be offended by it.
In particular, for most bands the FCC can fine/revoke the license of anybody they are unhappy with.
The question in this regard is the status of the WiFi bands used. Very weak regulation is enforced. No license required. Just have to not do stuff like use too strong a signal, etc.
While you should use encryption to protect your WiFi communications (your actual data transfers) there is no law that says you have to. And some older encryption methods are so trivially broken they basically don’t count. So if you’re not encrypting or are using an old 802.11b device, and you are sending/receiving “adult materials” via your WiFi router, you are “broadcasting” smut.
I don’t think the FCC has ever prosecuted someone for doing this. And no doubt has very little interest in becoming a major airwave police force in this regard.
I wonder if they have the same attitude towards network names. Same general concept. Using that band to transmit naughty bits.
The prosecution was overturned, and the law declared unconstitutional, in 2002 by a Michigan state appellate court. (That’s 3 years after the purported offense and initial prosecution. In fact, it was the defendant’s appeal of the specific case in question.)
The law itself was repealed in late 2015 by a law repealing a bunch of outdated laws.
So Michigan is slightly less blue-nosed and backwards than it once was, last millennium. :rolleyes:
The Cursing Canoeist 1999
The Appeals Court eventually struck down the law, but fucking hell, if you can’t swear for falling our of a boat, when can you ?
The second link also discusses the 2014 case of a mother had up for using the word ‘fuck’ in a Kroger grocery. The South Carolina police have time on their hands.
But the FCC made the decision not to regulate cable or satellite broadcasts for decency a long time before they became encrypted by default.
Happy to accommodate.
oops, sorry, ninjaed
But will he come?
Somewhat related: In France, a guy was convicted last year for having “Daesh” (another name for ISIS) in his Wi-FI network’s SSID.
There may be no such laws on the books but I can think of a few titles (suggesting illicit activity) that would very likely result in a visit from law enforcement.
That seems a little odd, as I am given to understand that Daesh actually really doesn’t like the name Daesh.
I can’t think of a way for an SSID to meet the test for obscenity—not enough content for “prurient interest” to arise.
Indecent? In the same way as the Seven Words, maybe, but my memory of Pacifica is that it’s pretty reliant on the idea that an innocent child could tune in. Seeing an indecent word or phrase in a list of nearby routers seems somewhat more involved, and little different from kids riding the bus past a graffitied wall.
A recent incident in Australia:
As the article suggests, it could sit within a much disputed Section 18C of our Racial Discrimination Act which makes it unlawful for someone to commit any act which is reasonably likely to “offend, insult, humiliate or intimidate” a person because of their race or ethnicity.
I came in here to post that same one, jackas.
Note the particularly lame-as response from the police, which seems to be of the “eh, fuck it, it’s all too HAARD!” variety.
There’s a Reddit user publicly claiming “credit” for it too, as you can easily see from googling the wifi name in question. Thought the posts are a while subsequent to the article, so he may just be trolling