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Or even just let those users alone. Users aren't stealing service if it's not even the same service. It's much slower than buying wifi from the captive portal.

DNS tunnelling is not fast or convenient. Places deploying captive portals have probably looked at the risk to their business from it and have decided not to worry about it.

I can't believe that using a slow DNS connection, intentionally made public, to tunnel traffic would be considered theft or criminal.

How many free samples do I have to eat before I'm a theif? I don't believe I'm a thief until the offer for free samples is rescinded.

I would imagine at the very least you would degrade DNS resolution times for legitimate users since there would be a lot more requests than usual

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