[X4U] Man arrested for using Open Wireless network (was Re: Wireless "theft" )

[keithw]

Judi Sohn wrote:

> On 7/7/05, David Flory <daflory at speakeasy.net> wrote:
> 
> 
>>look at California Penal Code Section 502c which says in part:
>>
>>"(2) Knowingly accesses and without permission takes, copies, or
>>makes use of any data from a computer, computer system, or computer
>>network, or takes or copies any supporting documentation, whether
>>existing or residing internal or external to a computer, computer
>>system, or computer network.
>>  (3) Knowingly and without permission uses or causes to be used
>>computer services."
>>
>>That's a crime with some heavy max. penalties listed.


> But weren't a lot of those laws written long before anyone knew what
> "wifi" was? Seems to me that was written about the old-fashioned
> "hacking" and doesn't account for someone using a connection the
> Internet only for the connection to the Internet and not to touch any
> files or data. 

That connection to the internet costs someone some money, and he wifi 
thief gets it for free.

the person using a person's wireless network without permission is 
little different from someone hooking up to your garden hose for their 
own water needs.
In sum, it's wrong!

> For all you know when you jump on an unsecured network
> it's just a wireless router connected to the Internet via cable modem
> or similar means and there's no other computer involved which would
> negate every line in that code. There's a distinction, and laws need
> to be reworded to account for that distinction.
> 
> I know I read somewhere some time ago about a state that specifically
> said (or had legislation on the table that said) that an unsecured
> network was as good as an invitation, and a secured network was
> protected under the law.

An unlocked door may also be an "invitation" to someone who knows about 
it, but does that make it right or excuseable for a passerby to enter 
the residence unlawfully?

None of what you say modifies intent or actions, and is still illegal.
I've no idea why you'd want to protect folks that purposefully steal 
what is not theirs to use.

keith whaley