Use a Wireless Network, Get Arrested?

What's next? Arrested for accidentally connecting to your neighbor's WiFi instead of your own?

If someone is using your wireless network from the street, it's because your wireless network is broadcasting beyond your property, pushing its connection protocols. If that doesn't seem like an explicit invitation, it's at least implied permission to connect. Should we arrest people for inducement if they set up their wireless network wrong, or if their laptop at Starbucks has the "extend network" box checked by accident?

It's not like the guy went into a store and stole a bunch of bananas. It's not even like he found some bananas on the sidewalk and took them. He found a bunch of bananas on the sidewalk with a sign on them saying "These are bananas, go ahead and take one, I have plenty." Hard to believe that looks like theft to anyone.

This sounds absurbed, and as an attorney I
do not think that this case will hold up in court.

I agree with free access. If someone is going to broadcast their network without encrypton, then it should be open to those who want to join in. As a network administrator, I do not use wireless in my network for the simple fact that I don't want others on it. If the court rules against Mr. Smith what is next, being arrested for listening to a private radio station while drivng in my car?

Here's my first problem with this. Wi-Fi is broadcast. It is not a point-to-point communication. Data is sent out just like a radio station broadcasts data, for anyone and everyone to pick up and use. If a drive-in theater broadcasts short-range FM so that moviegoers can enjoy the soundtrack to the movie in their own vehicle, is the person who's driving by and browsing the radio stations then stealing intellectual property by stumbling across the station? Say he hears a song that's playing on the movie, and he hears it all the way through, is that copyright infringement? Is he then committing the felony of theft-of-services?

The second problem I have is Wi-Fi can only be point-to-point when it is encrypted or limited to use on specific receivers and transmitters. These settings are available in practically every piece of Wi-Fi gear available. By default, and to save company costs on support, they open the devices up by default. There is no encryption, no specified connecting devices and little information on how to set that up. Why? Because it costs money to actually TRAIN someone to support this higher end technology and be able to articulate it on the phone FOR FREE to someone who's paid for this product and the requisite support.

My last problem with this is THE LEGAL SYSTEM IS SUPPORTING DEADBEAT COMPANIES!!! Sell the stuff secure. That's all. Oh, instead we have a legal system that says 'oh no, you're a dumb consumer and you buy all manner of items without any sense of responsibility, and you get yourself in trouble?? Oh don't worry, we'll come bail you out and charge the mean old guy who's using your unsecure internet connection to pick up his e-mail or check up on his stock prices. We'll make sure he can't ever vote again or carry a gun too!'

These companies are horribly lazy. Take a poll, ask about 100 wireless users how thier technical support experience has been with these companies when it comes to wireless security. They almost ALWAYS disable security to get the devices working. Then they don't enable security because it's too complicated to explain, yet they're leaving their customers VULNERABLE. THEY should be the ones on trial, not some sole opportunist!!!

I think that it's THIS IS IGNORANCE by that guy that is sending to court this guy that got on his network. IF YOU DON'T USE WEP security, OH WELL, UR LOSS. People are going to jump on your network if you don't secure it. THIS GUY IS JUST TRYING TO MAKE EASY MONEY AND I HOPE IT BLOWS UP IN HIS FACE!

I don't beleave that this case is based entirely on just traspassing on to a network. Heres why :

" and the network's owner apparently noticed unexpected icons on his desktop"

It's one thing to simply access an open network to check the internet but it's somthing else to install software on a strangers computer with out telling them. If the person on the street was simply accessing the internet to check e-mail or to surf the web I dought the network owner would have even noticed that the guy on the street was there. It would apper that the guy on the street was trying to gain access to the network owner's computer and in my book thats hacking.

However...

I agree that if a network is left unsecured and open to the public without anything telling anyone that the network is for private use then permission to use the network is implied. With hotspots poping up all over the place there is almost no way to tell the difference between an open network for public use and an unsecured network because basicaly a network for public use IS an unsecured network.

Amen

I know the man arrested and I know what he was doing i hope he gets jail time. And lots of it.

Wait a second, most of these responses are bizzare. If this guy put "icons on his desktop," then he wasn't merely using an open WiFi Hotspot ... he actually broke in to someone's computer. Screw him, as far as I'm concerned.

Sure, if he just used someone's open hotspot, what's the problem? (I do it now and then.) But that's not, according to the news story, what this was about.

does anyone know the main reason someone who has acess to the internet at home would war drive?

I made some profit in a trip to New York thanks to an unsecured WI-FI hotspot that was named "Use it for free". And so did I. It was placed somewhere around Broadway and the 52nd.
It is time for me to thank that people for their helping me to buy and sell some shares in a couple of hours. Thank you very much. Indeed.

Now I have my own Wi-Fi an is also open to eveybody in memory of that "Use it for free" spot.
My computer itself is out of reach of those using my open internet 54b/g access by simply clicking MyPC-Properties-Remote access-Do not allow.

Everything the vey best from Segovia, Spain.

I had my wireless network longer that someone in my street and my computer keeps connecting this network called 2WIRE170 or something. it has a password on it but my pc does not ask for one and it just connects to the network!? So i tryed to put a password on my network becuse i live in a bussy street and there is a hotel next to me and when i cheek to see if there is anymore people on it ( i have 2 pc and 1 laptop) THERE IS AROUND 8 PEOPLE ON IT SO I TRYED TO PUT A PASSWORD ON IT AND NOW I CANT CONNECT TO IT ON NONE OF MY PC

It's beginning to sound like our society has become full of people that are looking for a free ride. The ethical thing to do is buy your own access. If you're in a residential area it's a no brainer that the network you see isn't some company offering free access. It sounds like a large percentage of people would use their neighbor's access without telling them and you can bet they wouldn't offer to pay any of the monthly bill. What happened to good old fashioned honesty and integrity?

Well said Ray. And most folks don't know how to secure their network, nor should they have to. It is foolish to argue that if I don't secure it, it is fair game. If I don't lock my house, or my car, that does not mean someone can just help themselves. In fact, no one would HAVE to secure their network or lock their homes if everyone was being honest.

well everyone isnt honest! using a hotspot isnt the same as jacking a cd player out of a car! sure using somebody's wireless isn't honest... but if its out there and free, it would would be wasteful to not use it. as long as you dont do anything malicious, then it should be legal to use a hotspot. if you dont want people using your hotspot either secure it... or just maybe plug your computer into the wall instead of broadcasting it all over the place.

ps. im using some random persons' high speed right now.

Ok, lets be realistic here people, this guy was not just driving around hoping to get some work done, he was War Driving. I have done it around my neighborhood and it is simple to do with little concern of getting caught.

It is just like the guy who taps into the neighbors phone or cable line and says he did not know. If you are going through a residential area and connect to another's wifi, you are neither invited nor there with the consent of the owner of the equipment.

Let's not even get into "who owns the airwaves" cause there is nothing saying you can't grab the signal in the airwaves, but you certainly cannot grab the antanea inside someones house.

I am not saying I have never done it and no, just using someones wifi to surf the web, no one is getting hurt. You start touching someone else's computer on the LAN side of that wifi, and you ARE doing something wrong... and you know it, you get caught, you should go to jail.

I agree with LR and Ray above, the simple fact is, IT IS NOT YOUR CONNECTION. And to take the car analagy a little further, say you accidentally leave your keys in the ignition, AND the car turned on... all you freeriders are saying it is OK to just hop in and take a spin, so long as you bring the car back. It is plain and simple "taking a free ride" and though I hate to say it the guy is going to probably lose out whether he wins in court or not (he's probably lost his job and many other things).

I understand everyone thinking if it's broadcast it should be free, but it just isn't folks, you've got to understand that if I am paying for 100MB bandwidth... that is my bandwidth, whether it is locked down or not, if I don't send messages out to your PC saying "Hook up baby" then it's not yours to connect to and use. I would be curious how many of you guys would say you would be OK with someone listening to all your phone convesations... because guess what... if you are using wireless phones every single word you say can be picked up within 100 yards of your house. OH, but wait, that's free right, that's open and unsecure... hmmmm. I'd like to hear a good argument to these statements BESIDES the "if it's there it's free", because that's just plain outright BS. ;-}

In answer to JB, IF you did leave did your car running with the keys in the ignition and you then returned to find it stolen, would you say to yourself "idiot for not securing the car" or "I had the means to secure, WHY didn't I". Same applies here, there ARE ways to secure your system and it's resources...use them. We all know that this is not an honest world and we all know that out in the world of airwaves there is a free and a paid service for WI-Fi and if some people for what ever reason are leaving themselves open for others to find and use their airwaves, then i'm afraid it's just like leaving your car with the keys in the ignition, sooner or later it's going to be stolen. If there are people out there who want the latest technology and can't be bothered to secure it, especially with all the problems of hacking and identity theft, then i'm sorry but I see it as there fault.

JB, I don't think it is the same as leaving your keys in the ignition of your car. If I took your car and drove off, you'd notice it gone and wouldn't be able to use it as long as I had it. However, if I connected to your wi-fi to browse the Internet, you wouldn't know it and wouldn't miss it., i.e., you could still surf as well. Wi-fi is not a tangible item that can be "stolen". I agree that if the person is malicious, then that is a crime. But just using the connection shouldn't be. I inadvertantly connected to a neighbor's wi-fi once by accident. My new laptop picked that one up first. I didn't realize it for about an hour. The only reason I did was because the connection strength was very low. I did some checking and saw the SSID, "Linksys". That's when I knew it wasn't mine:)

Unfortunately guys, it is still stealing something that isn't yours plain and simple. If the connection were free to the person setting up the wifi, then there would be no argument. I didn't say this was a perfect world, and yes, if you leave your car running sooner or later it will be taken... but is this right? Are you still saying it is not illegal? It is not your car but you take it for a spin... guys come on.

The bigger issue with all this is the flat out ignorance of the mass that are implementing these things. I install these regularly as a consultant and therefore I secure them using all the available options, but how many of the average users can actually comprehend the setups on these things? Not many. Out of the last 10 I have installed there wasn't a singly user (these are wealthy home owners) could barely comprehend how to read the installation instructions must less go out and configure the box.

You can come up with arguments all day, but in any case, if somebody pays for something and someobody else takes or uses that item without express consent (unfortunately even by accident) that can be considered as a crime. I personally do not connect to any network, home or business, that is open because of the fact that if someone else does something malicious it could come back on me too. May just be anal but I probalby have more morals than most.

With the mindset that you guys are using, it would be OK for me to use any WiFi whether it was locked down or not, because what if I've got a tool that bypasses that security? If you say this is hacking, well it is NO different, because you are still using something that is not YOURS.

BTW, nobody commented on whether they wanted their phone line conversations monitored, because this is free, unsecure air too right??? Feeding off the ignorant has been going on for all of history, so why stop now right?

God Bless, and keep it going.

JB,
The phone system requires you to break into a junction box or a house to receive the call. That is why it will be illegal. However, I have NEVER heard of a person who got arrested for using a cordless phone listening to your neighbor. Let alone an analog cell phone.

Will I get arrested if my Bose system changes the station on my neighbors Bose system?

If you look at the FCC labels, any device must accept any signal recieved from the air. That is because you cannot control the air.

There are five wireless network that the owners did not secure. I have mine secured and all of my PCs are set to detect my SSID. However, sometimes the PC grabs the other unsercured network. Well am i breaking the law? Of course, not.

Come on, I can't monitor every minute the kids use the PC.

I do agree with you that you should not use the neighbors network. However, some people and business set up HotSpots.

If the guy who got arrested was malicious then I say throw the book at him. If he just wanted to hop on the web because he thinks it is a hotspot in which it was not, then I say slap the owners hand for not knowing any better.

Hey chief, you obviously don't have your wifi set up right, as you can set it up to only connect to a specific wifi box. You are as bad as the people who don't "lock down" if you didn't set that up right. Hotspots are set up for free use, not the inadvertant/ignorant home user's setup. I do agree that they are simply making this guy into the scapegoat, but yeah if there is malicious intent that adds another layer to the wrongful actions.

However, to say you 'accidentally' connected to someone elses wifi and can't monitor the setup is as nuts as saying it should be allowed. Learn how to set up wifi if you're going to post here.

Your point about nobody getting arrested for listening in on phone calls is way off too, do a little research, it's called illegally intercepting a private conversation, and you DO NOT have to be hardwired in, you can use wireless devices sitting out on the street corner.

Here's a small snippet for you to chew on: "It is illegal and a criminal offence to intercept any electronic communication when neither party to the conversation is aware of the interception and has not agreed to the interception. If the party doing the interception is a party to the conversation, then that party has given his consent and it is OK to make the interception. Thus, if either party is aware of the interception and agrees to it, then there is no violation. "

God Bless

JB,
Not in WA. state. Using your scanner and picking up wireless telephone transmissions is not a crime. Don't like it, get a land line.

your analogy to car theft is wrong also, because if you leave your car running inside MY HOUSE i think i pretty much have just cause to get in and move it. Remember your broadcast goes for quite a bit. It is your responsibility to secure it, just like your dog.

WRONG. Please search some... Check your newspaper listings for December 10th, 2004. See the one about the mom who listened in on her daughters phone conversation? Here is a site with a few details: http://talkleft.com/new_archives/008997.html

This is just one case where it was deemed illegal.

Now, there are some states that may not have implemented laws against listening to others phone conversations but like I've said over and over, is this "Morally correct"? No it's not. And for you to say it is OK to take someones car because the keys are in it, means you'd take a hotdog from the hotdog stand if the vendor turns his back... becuase it's there right??? You make absolutely no sense. I am STILL waiting for a valid argument and nobody has supplied one... I will admit it if someone can get me on this one...

God Bless

There is a crime called theft of service. If someone is paying for a service and you come and use this service without their permission, then you are stealing it.

There are, however, 2 questions to pose:

1. Was the person using the unsecured connection taking it intentionally knowing it wasn't public? (Courts will determine intention based on any number of facts: do you own your own connection and you accidently picked up your neighbors, were you sitting in your car surfing the web on someone's connection down the road. There is obvious difference of intention in these two cases and any judge will be able to determine the difference there, just like most people with common sense. Remember, not knowing the law is not a valid excuse for breaking it, so the guy in his car can't say he didn't know he wasn't supposed to be using someone else's network, or someone else's service)

2. If you are stealing someone's service, this means you are:
-a) taking/using their service without their permission
-b) without meeting the terms that they have defined for you to use that service
(ie. they tell you can use it, if you mow their lawn or give them $5 to help pay off the wireless router)
Obviously, condition (b) is a no brainer, if they tell you that you can only use it based on a condition and you use it anyway,
then you are directly violating their conditions.
The tricky question to answer, and the one which should be at the heart of the discussion, is whether or not permission is
given by virtue of silence. Meaning, if the owner of the WAP has left it unsecured, does this grant permission for anyone
to use it. Or is there implied consent based on silence.

I think the answer for question 1 is straight forward. However, question 2 is where the argument lies.
Maybe a better analogy to use is the TV in the window. If you have a universal remote control, and you are controlling
the TV in someone's house, so you can watch the programs you want, are you stealing the service, or using their
TV without permission? You have sent radio waves which are controlling the TV, and you have recieved visual waves
back from the TV. So, does leaving your TV in a room imply consent to people outside who have a remote control
which works for your TV? It seems that most people would say yes because the person can close the blinds on
their window so that people can't access the TV. It's for this type of analogy that I think it is not lawful
for someone to use another person's equipment/service without direct permission. In this case, we can't assume
consent by virtue of silence.

in the famous words of Cramer: now i can peek in and see if anyone is waiting to jack me with a sock full of pennies...my policy is, i'm comfortable with my body. you know, if someone wants to help themselves to an eyefull, well, i say, 'Enjoy the show.'

JB,

I realize you are a fundie, but please stop forcing your morals on the rest of us.

JB,
Update yourself, do not be a silly moralist.
Do you think it is a "sin" using airwaves coming from unknown routers "breaking into" my own bedroom where my PC is placed and can catch them?, if you think so, well.. bad news guy, "the end of the world is coming" .

You guys are silly, and probalby teenagers who haven't lost anything in the real world yet. Get some morals means wake up to reality and do what is "fundamentally" right and LAWFUL. This doesn't mean you have to be religious although religion would probably do you some good too.

Instead of posting valid information you seem to be more interested in trying to go into a personal bash... which leads me even more toward thinking you are either very young, or very naive.

Good luck in life and the first time you lose something to someone else who is an opportunist like yourself and you get stepped on... you'll probably need to find something to help dig yourself out of depression...

God Bless, JB

wow... no responses yet to my post August 16th, i was hoping for some feedback/counter arguments besides lame Seinfield bash...

I welcome some intellectual rebuttals/confirmations to my 2 points.

i steal wifi . because it is free .

Ok, this post is dead, I award 100 points to Rob H, and JB, each. Obviously both have a clear idea of the law and guidelines related to the tech field. And I agree, nobody has given much real argument. No further posts necessary.

this is simply new technology , and the laws are not clear in all states. There are many arguments to this that need to be cleared up.

like a radio RF is in the airways buy a radio and you can listen. Now RF , buy a computer and listen in.

For years americans have listened to the airways, a computer is just another tool to do so

Is it true that if I browse on someone else's Wi-Fi network,
they can get access to my internet cookies, passwords for websites, etc. How computer literate would they have to be to do this if possible?

How can I even tell if someone is using my home wireless internet connection? It's on 24 X7, so I have no idea if someone is using it while I'm at work or while I'm sleeping. If I'm using the wireless with my work laptop and my wife turns on her laptop and connects, there is nothing that indicates someone else is using the connection. Any way to tell if someone has connected after the fact ? Is there some log to see what they looked at?

i dont know, but if you find out please email me alexwills@gmail.com

Seems simple to me.

A psychopath is, amoung other things, someone who does not know the difference between right and wrong.

Most of us have to pay for Broadband. Most of us do. If I can use my neighbors connection then I will understand that I am SHARING it.

Sharing is good. But only when everyone knows whats going on. When you have to hide it, deny it was you, feel ashamed, or generally know it's wrong then it's time to pay your SHARE or get your own.

My neighbors daughter comes into my yard sometimes. Is it OK for me to share her too... just because it's easy?

Stuff's right or wrong. Those of us who know the difference are not psychopaths.

**Quoted: My neighbors daughter comes into my yard sometimes. Is it OK for me to share her too... just because it's easy?

Stuff's right or wrong. Those of us who know the difference are not psychopaths.**

Wow, and this responder was actually trying to define *others* as psychopaths? Trying to pass this comparison off as parallel is just asinine.

Borriwing WiFi is like watching your neighbor's TV from your house thru his open window. It's a little creepy, but it's not illegal, and if it really bothered him, he could close the blinds or ask you to stop, and at that point, if you didn't, maybe I could see a psycopath.

However, comparing WiFi access to child slavery is unconscionable. Please stop trying to be wise with your handy little analogies and keep your ridiculous ideas to yourself.

Well if anyone still checks this article I am in a current situation. I have a Macintosh Laptop with an airport card and recently I just noticed that I have been connecting to someone's wireless network recently. Now I will admit I know slim to nothing on setting up or even the way a wireless network works. So my knowledge in that department is rather inexperienced. I have dial-up and have had dial up for a long time, because my parents refuse to upgrade to high speed. Now I have to admit seeing that high speed wireless really tickled my fancy. I only really use my computer late at night so I hope I'm not intruding on the bandwidth. However, I have spent many hours in forums and websites trying to find a way to figure out exactly who's connection this is so I can tell them. The way I look at it is this, if I find five dollars on the street I'm going to pick it up and use it. But, if I see someone drop five dollars I'm going to pick it up and give it back to them"

So hopefully I will find out who owns this network so I can tell them. They may say don't connect and get it fixed, or give me access for being a good samaritan. Either way, I will do the right thing.

hi... how can i tell if someone is using my wireless?

To see if someone is using your wireless, go to your router's configuration site and it should show.

I just jumped on this wireless trend, a buddy of mine showed me how to use this feature on my laptop, it's pretty cool, my question to anyone out there is, if I surf on someone elses unsecured wireless netwrk can that person have access to my persnoal data IE MS Money files, bank info etc...

I'm not sure many of the analogies are relevant. If a person broadcasts an unsecured two way signal that anyone with a wireless computer has access to use, and publicly it is common to use such signals for free, then what kind of privacy can that person expect? Like the right of adverse position when dealing with land encroachment/trespass - if you allow your land to be used for a certain amount of time (usually seven years or more) then land must be made available for that use to the person or persons using, whether you like it or not. That is law in many states. To prevent use, you must take positive action to show that trespass is not welcome i.e. “No Trespassing” signs. You see examples of this all up and down the coast with beach access. The same should apply to WiFi signals, if you CHOOSE not to encrypt them, then you are allowing use. If you do not have the understanding to use a system properly, and use it anyway, that would be your problem.

It may be legal to cut through someones back yard, but it is still illegal to break into his house. I think that is what happened in this case. Using someones WiFi will not put icons on his desktop unless he has been hacked...and that is illegal.

DP Antarctica

wireless monitor

To all those who advocate using someone else’s network I guess its ok for me to stand in the street and watch my neighbors TV's through their windows. I'm not loitering... I'm in the street on public property... I'm just using their TV signal! What a load off! I'm gonna get my shoes on, don my black trench coat and head out the house to see what the people with open curtains are watching!

What ever happened to this case? I can't find any results convictions, etc. Was there a plea bargain? Any new information would be great. Thanks.

Very interesting because a couple of days ago, I turned on the wireless switch on the side of my 5 month old laptop. Before that I didn't even know that it was there, as I only use dialup at the moment, and was not concerned about these things. Straight away, I get conected, and have only just figured out that the signal must be coming from another apartmwnt in the block.

I had no idea why I was getting the signal until I started to do some research on the Internet. That's how I arrived here, by the way.

I'm now interested in getting my own broadband wireless service, because it doesn't feel right to just continue doing this, nor does it seem nice to run this person up a bill if they exceen their MB limit due to my activities.

I'm just curious -- and a bit worried, too -- and am wanting to know if the presence of my laptop can be traced while I'm conected in my own home.

Best of the text i read about a problem.

Wellcome to the real world.

I booted up and found I was on-line on an unnamed network, with no encryption or warnings. So what do I do? This is MY HOUSE. They shouldn't be broadcasting through here unless they don't care if it's picked up. I resent the intrusion, so I'll use it for myself. Nothing on my computer shows me I'm using anything belonging to anyone, but the air around me, and I'm paying rent for that.

IT would be interesting in court to see who shows up as the owner of this network. I might even consider suing them for intrusion.

oh, the complexity of it all...

Just to keep this going, I have both home and office, secured and unsecured wireless networks.

1) When you set up a network it is your resonsibility to read about securing it and make the decision. It is not that difficult to do. (Hint: if you can't program your VCR, maybe a wireless network is not for you or you should hire someone to set it up for you..trust me I am aware that the security can be the EASIEST part sometimes)

2) While stealing people's information is clearly wrong, the occassional bootleg off of someone's unsecured network that is often coming into YOUR home is another matter. In my opinion, if you are doing this on a regular basis, you probably want to offer to pay for part of the service or get your own secure network. But for the random, occassional use, I don't see it at a big deal. If you have the network and don't want bootleggers, you should secure it.

3) As for people who blame the manufacturer, please....because the company sets it up in the easiest to install manner, doesn't mean that we should not use the security feature of the device.

What a great blog.

I am sitting here laughing at some of these nuggets of wisdom... :0)

So..........since my neighbor's garage security light is so bright that I can read in bed without turning on my lamp I should just saunter over and give him a few bucks or else I'm a bad person.

Ethically I should pull the shade according to some...

Hmmm.....ethics, morals, right and wrong, heaven and hell.

Gosh I'm glad I'm not God today....