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Wardriver Charged with Theft of Communications

BiggsTheCat writes "A number of news sources are reporting that a Toronto man is the first to be charged with "theft of communications" (Canadian Criminal Code S. 342.1) for downloading child pornography using someone else's residential wireless network. The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street, with a laptop in hand. The Edmonton Sun warns that 'War Driving ... is becoming more and more common among perverts trying to avoid online detection'. Yeah."

678 comments

  1. It was only a matter of time.... by Shakrai · · Score: 5, Interesting

    Wow! I wonder if they told the owner (s?) of the Internet connection he was using? Can you imagine that phone call?

    I guess it doesn't say much for the intelligence of the idiot involved. Why drive around? Why not find a good signal and park? I've sat in my car using my laptop before -- never got questioned. Of course I wasn't driving (and I was fully clothed). It's hard to consider this a victory against war drivers or child abusers when the champ was only caught because he was being an idiot....

    I also doubt this will bring any major attention to the underlying problem (unsecured home APs). It'll probably take something like Grandma Jones being charged with transmission of child pornography to bring this problem to the general publics attention. I feel bad for the innocent person who is going to wind up being charged (sooner or later -- if it hasn't happened already) by cops that don't know what is going on -- to be defended by a lawyer who probably doesn't know what's going on -- to be tried by a jury who doesn't know what's going on. Scary situation to be in.

    Or is the more scary thought being nabbed by RIAA (whose burden of proof is a lot less then the cops) for some punk teenager next door using your connection to download/share mp3s? Wonder how long (or if it already has) until this happens?

    Either way, your into thousands (or tens of thousands) of dollars worth of legal fees. The former case is definitely the worst (who wants to be labeled as "that guy" with all the child porn), but either scenario seems likely to destroy/severely set-back your life.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
    1. Re:It was only a matter of time.... by sonoluminescence · · Score: 2, Insightful

      On the other hand having an unsecured wireless network could make a damn good defense against anything you happen get caught doing.

      "It wasn't me downloading mp3s, someone hijacked my connection, etc..."

      --
      Karma: Bad. Calmer, good.
    2. Re:It was only a matter of time.... by Anonymous Coward · · Score: 0

      The problem with any content being so strictly illegal as child pornography is inevitably going to lead to ethically innocent being charged and even convicted occasionally, because they're technically guilty if they ever happened to download such content, even unintentionally.

      Not that such things happen that often, but the thing is, you can never be sure what a file contains until you have transferred it to your computer...

    3. Re:It was only a matter of time.... by Anonymous Coward · · Score: 0

      I guess it doesn't say much for the intelligence of the idiot involved. Why drive around? Why not find a good signal and park? I've sat in my car using my laptop before -- never got questioned.

      I thought that it was pretty clear what happened: He drove around a bit, found a signal and parked and started to give himself a tug. But the signal wasn't very good or the web page he was viewing was taking forever to load, so he figures he'll just move down the street a bit and see if that helps at all.

    4. Re:It was only a matter of time.... by MikeDawg · · Score: 1

      < sarcasm > Those damn grandmas (especially Grandma Jones) that have unsecured home APs, I think they are the ones that should get prosecuted!!

      I would disown my grandparents for having an unsecured home AP!!! < /sarcasm >

      --

      YOU'RE WINNER !
      Another lame blog

  2. Weird by SargeZT · · Score: 5, Funny

    I thought Michael Jackson was driving through Las Vegas last night, not Canada.

    --
    And why did you staple the trout to the RAM?
    1. Re:Weird by t0qer · · Score: 0, Offtopic

      Beat it! Just beat it! Woo!

    2. Re:Weird by floydigus · · Score: 1

      Apparrently he was caught with class A drugs, class B drugs and class 4C.

      --

      All things in moderation; including moderation

  3. Well Gee by krisp · · Score: 4, Funny

    You'd think he would be more careful. Driving the wrong way up a one way street, no pants, whacking off to kiddie porn? This guy was asking for it!

    1. Re:Well Gee by vsprintf · · Score: 1

      Driving the wrong way up a one way street, no pants, whacking off to kiddie porn?

      Sheesh. Didn't you even read the synopsis? It said he was caught "laptop in hand". :)

    2. Re:Well Gee by Jussi+K.+Kojootti · · Score: 1

      So? They said nothing about the other hand.

    3. Re:Well Gee by drinkypoo · · Score: 1

      I'm thinking that unless he has a prehensile penis, it was on the steering wheel.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Well Gee by anthony_dipierro · · Score: 1

      You'd think he would be more careful. Driving the wrong way up a one way street, no pants, whacking off to kiddie porn? This guy was asking for it!

      Maybe he was just a libertarian. They don't want laws against any of those things.

  4. Wait a second.... by HotNeedleOfInquiry · · Score: 4, Funny

    The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street, with a laptop in hand. I'm trying to figure out how he was driving if he had the laptop in one hand and, well you know where I'm going with this...

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:Wait a second.... by elmegil · · Score: 5, Insightful

      What I don't get is why he wasn't charged with indecent conduct, posession of child pornography, and left at that? The theft of communications doesn't seem like it's that significant in the overall scope of this moron's behavior.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    2. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Well, he was going the wrong way down a one-way street ... probably an indication that he WASN'T driving :).

    3. Re:Wait a second.... by Shakrai · · Score: 1
      The theft of communications doesn't seem like it's that significant in the overall scope of this moron's behavior

      Because he's a piece of human slime and they are going to charge him with every possible thing they can think of. He was probably also cited for driving the wrong way down the street. It's hardly news -- if you get a DWI chances are you are also going to get a stack of tickets for anything else they could find (including the reason they pulled you over in the first place)... failure to stay right, excessive speed, driving to slowly, broken taillight, etc etc.

      Those charges may go away if he plea bargains (in that case they are just extra ammo for the DA) -- or if they decide to make an example out of him (as they should imho -- no leeway for these assholes) maybe they can keep him in jail that much longer.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Oh my God, bear is driving! How can that be???

    5. Re:Wait a second.... by Barbarian · · Score: 4, Informative

      He's getting numerous counts of kiddie porn charges. They seized 10 computers of his, and they say there are thousands of images and movies of kids, down to babies, so you bet they're going to throw the book at him as soon as they have analyzed the stuff. They already have one posession of kiddie porn charge, and with the theft of communications I assume they are using it to hold him without bail until they can add more on.

    6. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Rape is not something you wish on anybody - no matter if he/she is a serial killer and a torturer of men, women and children!

      Prison is where you pay your debt to society. Some people are "salvageable", i.e. they deserve to be given education and second chances so they can try to start their life anew, but for serial killers and torturers, death penalty (preferably slow and painful) is fine by me.

      Regarding ass-rape, you're right, I wish it on nobody, but I do wish it on you, because I can't stand sissy brats who shoot their mouths off to teach people how to think right. You've never been to prison, you have no idea how much certain people there deserve every single nasty thing that happens to them in the slammer, and more.

    7. Re:Wait a second.... by Renshi's+Girl · · Score: 2, Funny

      Haven't you ever steered with your knees while driving?

    8. Re:Wait a second.... by Anonymous Coward · · Score: 0
      I wish it on nobody, but I do wish it on you

      Ok, there you go brainiac. Fine "logic" there.

      Prison is where you pay your debt to society.

      What fucking debt? Their only debt is to prove that they are worthy for release to the society. If you rape or kill someone, there's no way you can pay it back to the victim ever. Therefore it is pointless to keep punishing you forever or in an irrevocable way.

      shoot their mouths off to teach people how to think right

      As opposed to you spouting your self-righteous, barbaric and ridiculous conviction that people should be treated inhumanely because they did the same to someone else?

    9. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Nerd Fight! Nerd Fight!

    10. Re:Wait a second.... by mikeswi · · Score: 1

      > Rape is not something you wish on anybody

      Agreed, but what's your point? That we shouldn't jail criminals?

      Rail at the state for allowing prison rape to go on. Don't post flamebait because we celebrate a sick freak being put away.

    11. Re:Wait a second.... by mikeswi · · Score: 1

      Dammit. I thought you were posting to a different parent. The other was modded troll and I didn't see it. Now I see what you were replying to and I agree.

    12. Re:Wait a second.... by Anonymous Coward · · Score: 0

      There are two primary reasons for criminal punishment: 1) to discourage future commission of the same crime by making the whole result unfavorable, 2) to preserve order by satisfying the need for retribution of those who would naturally like to avenge the victim.

      Rehabilitation is a ridiculous goal. It is a goal to *help* the criminal and give him a better life.

    13. Re:Wait a second.... by Embedded+Geek · · Score: 1

      Heehee. Heehee. He said "laptop"!!!
      </Beevis Voice>

      <Ducks>

      --

      "Prepare for the worst - hope for the best."

    14. Re:Wait a second.... by elmegil · · Score: 1

      Isn't it ironic/appalling that they can't hold him without bail on the Kiddie Porn charges, which are significantly more serious?

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    15. Re:Wait a second.... by Anonymous Coward · · Score: 0

      No. Looking at kiddie porn doesn't pose a threat to society.

    16. Re:Wait a second.... by yourmom16 · · Score: 1

      Why not add reckless driving and indecent exposure?

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    17. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Yes it does, it victimizes children. The pictures have to come from somewhere, and you're creating an audience for something that victimizes people.

    18. Re:Wait a second.... by hamster+foo · · Score: 1

      What exactly is the legal burden for proof of child pornography? I mean some of the cases they mentioned were obvious if he had pictures and movies of babies, but in cases where the subject looks to be in the 13-14 year old range. Is it enough that they look that age, or is there some burden to prove that they are indeed underage?

      Walter Nowakowski, 33, of Delhi, is charged with two counts of possession of child pornography, accessing child porn, distributing child porn, and making child porn for allegedly burning images onto CDs. He's also charged with theft of communications.

      On another note, I found it kind of odd that they could charge him for "making child porn" for burning the stuff to CDs. Even distribution doesn't seem to follow without some proof that he was distributing those CDs or had plans to do so, perhaps he had multiple copies of each CD.

      --
      - b
    19. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Prison is not supposed to be a place for torture, true. This guy should be castrated and set free. Problem solved, with no anal rape.

    20. Re:Wait a second.... by Anonymous Coward · · Score: 0

      Castration doesn't work because he'll just get frustrated and move to killing kids.

      I vote for Hard Labor till he drops. Then, a less hard labor till he dies.

    21. Re:Wait a second.... by Dragon218 · · Score: 1

      did you ever drive using your knees?

      --

      "It's the little touches that make a future solid enough to be destroyed" --William S. Bourroughs
  5. with a laptop in hand. by Basil+Ganglia · · Score: 1, Funny

    LOL.....you sure he didn't have something else in hand?

    --
    Basil
    1. Re:with a laptop in hand. by Space+cowboy · · Score: 1

      Maybe he's just very well endowed... the top of your thighs is called your lap, after all ...

      Simon.
      (BTW: Yuk).

      --
      Physicists get Hadrons!
  6. Laptop in hand? by karnal · · Score: 4, Funny

    "with a laptop in hand."

    That's not a laptop, officer.

    --
    Karnal
    1. Re:Laptop in hand? by Anonymous Coward · · Score: 0

      Well, it IS in his lap at least.

    2. Re:Laptop in hand? by zephc · · Score: 1

      "That's not a laptop, officer."

      Officer: "That's okay, that's not my nightstick."

      --
      "I would say that 99 per cent of what my father has written about his own life is false." - L. Ron Hubbard Jr.
    3. Re:Laptop in hand? by devnulljapan · · Score: 1

      ...it's a handheld...You know...a palm pilot.

  7. Four at once? by VertigoAce · · Score: 3, Funny

    Theft, child porn, indecent exposure, and a traffic violation all at the same time? Surely he could have killed someone and committed some sort of business crime to complete the spectrum of criminal activity.

    1. Re:Four at once? by dadragon · · Score: 1

      In Canada, that wouldn't qualify as indecent exposure. Indecent exposure requires the intent to offend. A traffic violation isn't a crime, so he only gets 3 summary offences against him.

      --
      God save our Queen, and Heaven bless The Maple Leaf Forever!
    2. Re:Four at once? by Anonymous Coward · · Score: 1, Interesting

      Theft has some funny meanings, depending on who's doing the accusing. I once ordered a Dell for my partner, and not only did the machine turn up, but it turned up on my doorstep with nine others identical, although I was only charged for one.

      What happened when my clear conscience made me contact Dell to tell them just what happened? I was told to ship them back AT MY EXPENSE. Fuck that. I told them the machines would stay at my place, unopened, and they could arrange pickup at their leisure. I could have gone on a rant about charging them storage costs but I'm not a prick like that.

      2 days later I'm contacted by my local police about a theft of nine machines from Dell. After hearing my side of the story, they went away somewhat amused. I suppose not many thieves keep the stolen goods right next to the front door of their house.

      That was 3 months ago, and dell haven't contacted me since. What could have happened had an arsehole cop taken them seriously?.

    3. Re:Four at once? by Anonymous Coward · · Score: 0

      If someone ships stuff to you unsolicited, they aren't allowed to bill you for it, it's their responsibility, and if you don't want to send it back, that's their problem. If they DO try to charge you for this stuff, it's grounds for a federal fraud case.

      The fact that they called the police on you might be sufficient to place racketeering and extortion charges against someone at Dell, particularly after they used such a tactic *AFTER* you had agreed to return the merchandise. I believe that shows the sort of intent you'd need.

      The cops DID take them seriously, but were surely aware that the people making the accusation had no evidence. Merely having evidence that they sent you stuff wouldn't do it. They would need some agreement by you to purchase the merchandise.

      I hope that if you used a credit card for this, you cancelled the card and notified the bank not to accept any further charges. But then, if the story is as you say, and if the company turns around and charges you for merchandise you never solicited, even after you offered to return it, and even after you were accused of theft (!), you'd have a serious case for damages. I'd seek billions, not millions.

    4. Re:Four at once? by Anonymous Coward · · Score: 0

      I ordered a laptop from Dell and they sent me two. The second put my credit card $2000 over it's limit. A call to the bank said "sorry, call Dell". So much for the "online protection" they talk about. Dell wouldn't issue a credit till they got it back.

    5. Re:Four at once? by corbettw · · Score: 1

      Maybe they can get him for copyright infringement. With all those images of kiddie porn, at least one has to be copied illegally!

      --
      God invented whiskey so the Irish would not rule the world.
    6. Re:Four at once? by cybergibbons · · Score: 1

      You forgot the drug offences. He had to be smoking something for him to think this could possibly be a good idea.

  8. Canada by tealover · · Score: 1, Funny

    "America Done Weirdly"

    --
    -- You see, there would be these conclusions that you could jump to
    1. Re:Canada by Anonymous Coward · · Score: 0

      wierder than the States? Pray tell how....

    2. Re:Canada by Anonymous Coward · · Score: 0

      Oh please! Do you even live here?

      This place is MUCH weirder than America. Fuck sakes, just look at who runs it! Jean the Cretin!

    3. Re:Canada by Anonymous Coward · · Score: 0

      Are you an american who just hasn't gotten used to the normal world? Of course for you everything else is weird.

    4. Re:Canada by Idolatre · · Score: 1

      I'm really tired of seing the media nailing down Jean Chretien just to pave the way for Paul Martin's coup d'etat. What do you blame Chretien for? What has he done so bad to make the media brainwash us to think Paul Martin's undemocratic takeover is perfectly correct? Is it because Chretien's is not enough Bush's puppet? Please enlighten me.

    5. Re:Canada by Anonymous Coward · · Score: 0

      ooooh.... a smartass, eh?

    6. Re:Canada by Anonymous Coward · · Score: 0

      Ever thought that Canada would be better off as a state in USA?

    7. Re:Canada by orthogonal · · Score: 1

      Ever thought that Canada would be better off as a state in USA?

      How about as a big, white, cold, amusement park?

    8. Re:Canada by Anonymous Coward · · Score: 0

      More like 10+ states. That would give 20+ votes in the Senate. 1/6th of the vote could swing pretty interesting eh?

    9. Re:Canada by Anonymous Coward · · Score: 0

      Ever thought that Canada would be better off as a state in USA?

      Yeah, once. Then the FUCKING CRACK WORE OFF.

    10. Re:Canada by Anonymous Coward · · Score: 0

      really 9 states, Quebec would most likely sit out. Being French-like, they would prob align themselves with the richest, most brutal dictator they can find.

    11. Re:Canada by Anonymous Coward · · Score: 0

      you mean George Bush?

  9. Don't Hack and Drive... by kju · · Score: 4, Insightful

    ...at least not during the same time. Sorry, but i thought that to be common sense. This Person is not a Wardriver but an complete idiot. "Real" Wardrivers do not wardrive for the sake of downloading or getting a personal advantage, but just for the fun of finding and mapping unsecure networks.

    1. Re:Don't Hack and Drive... by Anonymous Coward · · Score: 0

      Or is that "Don't Jack and Drive"....

    2. Re:Don't Hack and Drive... by acidrain69 · · Score: 2, Insightful

      No, that's called "boring". A wardriver is someone who participates in wardriving, which is travelling around looking for networks, which this man has done. He's an idiot becuase of the child porn. He was still wardriving.

      As long as the long arm of the law doesn't overreach and try to pass laws on private networks, whatever. This isn't that interesting except as another example of why people need to be more careful with their networks.

      If you were looking for something to make people worry, and possibly act, this is a good story.

      --
      -- Having a Creationist Museum is like having an Atheist place of worship
    3. Re:Don't Hack and Drive... by Jucius+Maximus · · Score: 1
      "This Person is not a Wardriver but an complete idiot. "Real" Wardrivers do not wardrive for the sake of downloading or getting a personal advantage, but just for the fun of finding and mapping unsecure networks."

      For sure. And Toronto is a damn good place to wardrive. I've gone wardriving through TO suburbs (with someone else at the wheel of course) and there was rarely a time within a 60 minute period or so that I was *not* within range of a WiFi AP with no security.

    4. Re:Don't Hack and Drive... by Anonymous Coward · · Score: 0

      Sure, they mark the sidewalk with a symbol to indicate that there is a wireless network there that can be used.

    5. Re:Don't Hack and Drive... by AbbyNormal · · Score: 1

      Uh...He wasn't doing so much hacking as he was whac...Oh nevermind.

      --
      Sig it.
  10. I don't wanna know by echucker · · Score: 1

    ... what was in the other hand.

    1. Re:I don't wanna know by crass751 · · Score: 1
      If he was moving, hopefully a steering wheel.

      I've heard of some dumb criminals, but this takes the cake.

    2. Re:I don't wanna know by Big+Chubby+Cat · · Score: 1

      What if he had a manual transmission?

    3. Re:I don't wanna know by b17bmbr · · Score: 1

      if you think about, he did.

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    4. Re:I don't wanna know by iantri · · Score: 1

      Here's a free hint: it wasn't the steering wheel ;).

  11. Just to clarify by mixy1plik · · Score: 5, Insightful

    The guy was arrested for kiddie porn and this theft of communications crap was tacked on, because, they could.

    Contribute to the greater good, bust those wardrivers.

    1. Re:Just to clarify by Tim+C · · Score: 1

      That's the way it works, though. If I go walking with a crowbar and some lockpicks, that's fine. If I then break into someone's house, or car, and steal some stuff, I'm probably going to be charged with "going equipped" as well as breaking and entering, theft, etc.

      Same thing here - because the "theft of communications" was central to the rest of the crime, he's getting hit with that, too. You can bet that ordinarily, no-one would care in the slightest, unless the owner of the wireless setup got arsey about it.

    2. Re:Just to clarify by SuiteSisterMary · · Score: 1

      It could be that they tacked it on to implicitly absolve the owner of the unsecured AP from complicity.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  12. Should the owner of the Wireless AP be blamed? by Megor1 · · Score: 4, Interesting

    Is the person who ran the unsecured AP in any way liable for what was done from his connection?

    This case could be used as further proof that if an illegal attack originated from your internet connection it doesn't provide reliable proof that you actually did it (Or that any authorized users at that connection for that matter).

    --
    Everyone that disagrees with me is a paid shill
    1. Re:Should the owner of the Wireless AP be blamed? by Kevin+DeGraaf · · Score: 1

      Is the person who ran the unsecured AP in any way liable for what was done from his connection?

      That's why you *need* to use a firewall+VPN for wireless networks. Here you go.

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    2. Re:Should the owner of the Wireless AP be blamed? by jonbryce · · Score: 1

      In England, it has been held that having a virus / trojan on your computer which downloads child porn is a defence.

    3. Re:Should the owner of the Wireless AP be blamed? by anthony_dipierro · · Score: 1

      Is the person who ran the unsecured AP in any way liable for what was done from his connection?

      Civilly, he could probably be found guilty of negligence, if someone is damaged through his connection. But in this case there's no one who was harmed by his negligence, so no.

      Criminally, there generally needs to be gross negligence involved (the mens reus), which there isn't, and there would need to be some kind of serious crime committed (the actus reus), which is basically impossible over the internet.

    4. Re:Should the owner of the Wireless AP be blamed? by LiquidCoooled · · Score: 1

      how do you explain him sitting in his car watching it with his pants off?
      lol - this story is just so bizarre and the wierdest part about it is we are only reading about it here because he used somebody elses connection!

      "Sorry officer, I have got the flu virus *sneeze for effect* and that made me do it"

      Whilst it has been used as a defense, surely there must be a test (like the turing test) for identifying files placed by an automatic program, as opposed to a person.

      The sick bastards in our not so great Britain wont get away with it for long.

      --
      liqbase :: faster than paper
    5. Re:Should the owner of the Wireless AP be blamed? by phr2 · · Score: 1

      It's worse than that. Suppose I have an intentionally open wifi hotspot (say I run a cyber cafe). Does that make me liable if someone downloads porn? I should hope I'd be no more liable than if I had a public telephone in my cafe and someone used it to download porn by modem.
      I cannot monitor the contents of someone else's surfing.

    6. Re:Should the owner of the Wireless AP be blamed? by bogie · · Score: 1

      So how does this help Joe User running the average Linksys WAP/Router? They are supposed to build a Linux Firewall box put their WAP outside of that and then figure out how to configure IPTables and VPN? Sounds fine for a corporate network, but this is way above 99.5% of home users heads and isn't even a project most technically inclined people would take on.

      --
      If you wanna get rich, you know that payback is a bitch
    7. Re:Should the owner of the Wireless AP be blamed? by fermion · · Score: 1
      As has been mentioned before, one place where WAP owners might get in trouble is attractive nuisance. IANAL, but the doctrine, as I understand it encompasses more that the physical things people normally think of. This combined with the fact that bandwidth is more and more considered 'property' that can be 'stolen' and needs to the 'protection' of law, and we may be at a point where such an interpretation might happen.

      Specifically, I can imagine a kid having a portable computer for work at home and school. I can imagine this portable having a wireless card for connection at home and school, connections that are monitored and filtered. Compliance with rules can be punished by the removal of wireless card from the computer. The kid discovers that the next door neighbor has a WAP that is unfiltered and downloads a bunch of porn. The parents discover the infraction. Could this be neighbor be liable for creating an attractive nuisance?

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    8. Re:Should the owner of the Wireless AP be blamed? by Anonymous Coward · · Score: 0

      Thats like saying if I leave a bike unchained it SHOULD be stolen. And if they use it for something illegal it's quite obviously my fault. cough.

    9. Re:Should the owner of the Wireless AP be blamed? by Anonymous Coward · · Score: 0

      How about the base station manufacturers? We go on and on about how Microsoft ships it's products with security turned off and unnessecary options turned on to be used by computer-illiterate people. Wireless basestation manufacturers need to be held to the same standard and help computer-illiterate people help themselves before we start blaming them. The setup should be extremely clear in what security options are avaliable, why they need to turn on security, and what will happen if they don't.

    10. Re:Should the owner of the Wireless AP be blamed? by jonbryce · · Score: 1

      It woudn't work for the person in the car who was caught in the act, but it would work for the owner of the wireless network who's IP address would be logged at various kiddie porn sites.

    11. Re:Should the owner of the Wireless AP be blamed? by Kevin+DeGraaf · · Score: 1

      So how does this help Joe User running the average Linksys WAP/Router?

      They should be campaigning for Linksys (ad nauseum) to include this functionality in such "routers".

      Or, they can wait until the FBI busts them for kiddie porn, and *then* decide that network security is worth it.

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
  13. wireless 'theft' by c0d39uru · · Score: 2, Funny

    Fuck, I'm on someone else's wireless network right now.

    --
    --#!
    1. Re:wireless 'theft' by Rosco+P.+Coltrane · · Score: 1

      Yeah, and posting on Slashdot could easily been seen as interacting suspiciously with kids. I'd drive off if I were you ...

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    2. Re:wireless 'theft' by AceM2 · · Score: 3, Funny

      After he puts his pants back on...

    3. Re:wireless 'theft' by BillTheKatt · · Score: 1

      You mean everyone else doesn't surf Slashdot in the nude? They don't know what they are missing. Linux gives me such a stiffy.

    4. Re:wireless 'theft' by Anonymous Coward · · Score: 0

      the BSD users would be jerking off to that BSD "babe" (read: pale 11 year old in a skinny daemon outfit) if it werent for the fact that most of their wireless cards are not supported

    5. Re:wireless 'theft' by Anonymous Coward · · Score: 0

      the BSD users would be jerking off to that BSD "babe" (read: pale 11 year old in a skinny daemon outfit) if it werent for the fact that most of their wireless cards are not supported

      ZING!

  14. Umm... okay. by mcc · · Score: 1

    Bit of a difference between someone wardriving out of curiousity, or using a nearby open WAP because it was there, and someone *looking around for open WAPs specifically so that they can perform illegal acts without traceability, then jacking off to child pornography in a car using said WAP WHILE DRIVING*.

    Maybe there's a slippery slope thing going on here but somehow I'm not going to really care about *what* happens to this person or this case.

    1. Re:Umm... okay. by Anonymous Coward · · Score: 0

      jacking off to child pornography in a car using said WAP

      Unfortunate choice of words, man.

    2. Re:Umm... okay. by c0d39uru · · Score: 1, Insightful

      He's a scumbag, he should get whatever they give him, but the 'theft' of communication should not be the issue here.

      --
      --#!
  15. The implication is scary... by H8X55 · · Score: 5, Interesting

    Had the ISP been subpenoed they would turn over the necessary logs, show their cutomer's IP address (on his router) as the offender. How many perverts will turn this around the other way? Buy wireless routers, leave the settings wide open, download their kiddy pron at heart's content, making sure to always get rid of temp files, history, and cookies. If they get busted, the simply say, "it wasn't me, someone hacked into my wireless router, and downloaded that stuff on their onw machine... Shows we need to hold net admins (even of SoHo's to some standards of use.

    Could we have our hardware manufacturers include non default SSID's, on a cdkey type set up process, so the default isn't "default" or "linksys" but "As3deyt#$seKJ34". Changing it upon sucessful install should still be allowed, but at least we've reduced those that just leave 'em as they got 'em outta the box.

    1. Re:The implication is scary... by Shakrai · · Score: 1
      Had the ISP been subpenoed they would turn over the necessary logs, show their cutomer's IP address (on his router) as the offender. How many perverts will turn this around the other way? Buy wireless routers, leave the settings wide open, download their kiddy pron at heart's content, making sure to always get rid of temp files, history, and cookies. If they get busted, the simply say, "it wasn't me, someone hacked into my wireless router, and downloaded that stuff on their onw machine... Shows we need to hold net admins (even of SoHo's to some standards of use.

      Only problem with that is I doubt any of them are truly smart enough to get rid of all the evidence on the PCs after they were done. Hell, I'm a trained computer professional and I don't think I could get rid of all the evidence, short of dd'ing my entire HD /dev/zero after each session. I could probably get 99% of it, but all it takes is that one forgotten file for them to be able to say "Aha, but it was you Mr. Anderson...."

      These people are also such sick bastards that I doubt any of them would be content to merely surf this material and delete it after they were done.

      You have made a good point about the underlying problem. I still think that what I said in my original post is true though -- the general public isn't going to know about how bad of a problem this is until some innocent guy gets charged (or sued by RIAA) for what some pervert was doing with his Internet connection.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:The implication is scary... by Anonymous Coward · · Score: 0

      Could we have our hardware manufacturers include non default SSID's, on a cdkey type set up process, so the default isn't "default" or "linksys" but "As3deyt#$seKJ34". Changing it upon sucessful install should still be allowed, but at least we've reduced those that just leave 'em as they got 'em outta the box.

      That makes no sense. If your AP is broadcasting a SSID and not using WEP I can find it and connect to it.Stilll traces back to your AP

    3. Re:The implication is scary... by Anonymous Coward · · Score: 0

      >dd'ing my entire HD /dev/zero after each session

      That wouldn't work.

      Not using a hd to begin with, might.

      Best way to destroy evidence is not to create any.

    4. Re:The implication is scary... by bhtooefr · · Score: 1

      Exactly. The only reason Network Stumbler has a Default SSID list is because those using the default probably wouldn't activate WEP.

    5. Re:The implication is scary... by Jucius+Maximus · · Score: 1
      "Buy wireless routers, leave the settings wide open, download their kiddy pron at heart's content, making sure to always get rid of temp files, history, and cookies. If they get busted, the simply say, "it wasn't me, someone hacked into my wireless router, and downloaded that stuff on their onw machine..."

      I do understand what you're saying, but I am seeing things a bit differently:

      (note: I am playing devil's avocate for the purposes of having a good debate)

      If somebody goes and sets up a WiFi AP with no security, they've set up something that is actively sending out signals advertising its presence and how to access it. If the DHCP is turned on, then the person's AP is basically advertising how it can help others get onto the network.

      Second Scenario: If you put up a big neon sign on your house that said "FREE BEER WITHIN (fully licensed)" and then got arrested because minors were partaking or someone got into a drunk driving accident afterwards, is it the fault of the person who accessed the beer or your fault for providing it irresponsibly?

      Will you be blameless because it was some kook who wandered in and drank the beer and then acted irresponsibly?

      Will you be blameless because someone took up the offer your AP's active advertising of its presence and active help from its DHCP server to get onto the net and then started downloading child pornography? I think you should be blameless for the child porn charges (but not the other guy obviously) but I don't see how the other person should be charged with theft of the services that your equipment actively advertised and helped the person obtain.

    6. Re:The implication is scary... by Anonymous Coward · · Score: 0

      I wonder what they will charge you with if you have no kiddie porn on your computer. So you downloaded it and then deleted it. Maybe they have evidence showing that you did download some files (ISP logs or whatever), but these files are nowhere in your possession, not on your computer or in hard copy (keep in mind that swap files can be encrypted and HD can be securely wiped. Or maybe you just downloaded them to your laptop and then dumped it in the garbage). Will it even make it to trial? Every time I see someone convicted for kiddie porn they always have thousands of files on their computer. I don't think this is by accident. If you don't have any illegal porn in your possession you are unlikely to be convicted of anything. 1% of evidence just isn't enough.

    7. Re:The implication is scary... by frogsarefriendly · · Score: 0

      knoppix with no hard disk...

    8. Re:The implication is scary... by mikeswi · · Score: 1

      1.) Create a RAM drive
      2.) Point the browser cache to that RAM drive
      3.) Download
      4.) Dismount RAM drive when done
      5.) Wash hands :/

      Or, if someone insists on storing this crap, use PGP Disk to create a virtual drive and store it there. Short of coercing the private key out of the pervert or stealing it with spyware, I don't think even the FBI could dig it out of there.

    9. Re:The implication is scary... by failedlogic · · Score: 1

      Its an interesting take but shoudln't the courts see this as completely different issues?

      The "Free Beer" issue is pretty common sense. [Most] People don't advertise free beer and invite the whole neighborhood over (there are always exceptions). Its not only a waste of beer and money, but (seriously) the person doing this should know its illegal esp if there are minors or people who might be considered minors and aren't being ID'd.

      As for the "War Driving" issue, I think the only thing in common there is the fact that its kind of a free invite (at your own choice). *But* closing off the WiFi and making it secure is a whole different issue and you need some level of technical competence. Joe user and even some experience computer users can't be confident someone isn't going to be able to hack it.

      Before this problem gets any worse, is there anything the industry can do to improve security? Should something be added into the legal system to try and protect users being hi-jacked. Should everyone be encouraged to use standard wired ethernet networks instead?

    10. Re:The implication is scary... by GoofyBoy · · Score: 2, Informative

      >I doubt any of them are truly smart enough to get rid of all the evidence on the PCs after they were done

      I think I would use one of many Linux boot cds wth a browser.

      Use that and a computer with no hd and lots of RAM for a RAM drive. No record anywhere.

      I was actually thinking of doing that when I do banking/credit card stuff online to avoid keyloggers/viruses/trojens.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    11. Re:The implication is scary... by HiThere · · Score: 1

      There's a big difference between the levels:
      1) Nobody can hack *this* setup
      & 2) This access point is open to the public

      In the intermediate ground you might, e.g., be presented with a login screen that might even have info on how to log in on it, but also required you to meet certain conditions. Like having an account.

      I don't know what the requirements *should* be... but there are a lot more than two choices.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    12. Re:The implication is scary... by Anonymous Coward · · Score: 0

      As long as they did nothing worse than download child porn, then I don't think it would be a problem that they couldn't be prosecuted. I'm not sure we should go afer people for that at all; if they contributed to those who provided it (paid for it), uploaded it, or worse yet, produced it, there would probably be other, stronger evidence anyhow.

    13. Re:The implication is scary... by jquirke · · Score: 1

      What about the swapfile though? Portions of memory containing the material could still be written out to disk.

    14. Re:The implication is scary... by mikeswi · · Score: 1

      Well, they could disable it for the times they're ....... "accessing their materials" .....

      Then turn it back on afterward and reboot.

      That, or set the swap TO the RAM drive. Although they'd need a hell of a lot of RAM .. Is that even possible?

    15. Re:The implication is scary... by cuban321 · · Score: 0

      Manufacturers should turn off SSID broadcast by default. That with a random SSID would prevent alot of easy connects to wireless networks. Daniel

    16. Re:The implication is scary... by Anonymous Coward · · Score: 0

      You seem to know a lot about this subject; and are very proud of your ability.

      I think you are guilty.

      Im reporting you to the appropriate authorities on suspicious of hiding child porn.

    17. Re:The implication is scary... by yourmom16 · · Score: 1
      and I don't think I could get rid of all the evidence, short of dd'ing my entire HD /dev/zero after each session.

      <PARANOIA>That won't do it, in fact that would be trivial to recover. Even dd if=/dev/random of=/dev/hda 20 times won't prevent a skilled expert with an electron microscope from recovering the data. You should thermite your HD if your dumb enough not to put your browser cache on a RAM disk and disable swap. Also you should burn your memory as well(Regular memory, Video memory, Processor Cache etc.) Better yet burn your comp after each browsing session.</PARANOIA>

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    18. Re:The implication is scary... by Anonymous Coward · · Score: 0

      Keep in mind that the people investigating these computer crimes are not skilled experts with electron microscopes. They are just cops with special training and a program named Encase. Unless you are a senator or somebody the administration really wants to convict they won't be putting your HD under an electron microscope. This is the police department not the CIA.

    19. Re:The implication is scary... by mikeswi · · Score: 1

      hehe.... Believe it or not, it's my job to know this sort of thing (how to hide computer usage).

    20. Re:The implication is scary... by yourmom16 · · Score: 1

      thus the tag

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
  16. Wireless security? by Realistic_Dragon · · Score: 3, Informative

    At the moment the wireless security that ships with routers is inherently insecure, but some places seem to thin it's necessary.

    I have already been castigated by the university for running a WiFi node that doesn't conform to their requirements (WEP is disabled) - even though it's ad hoc, there is no DHCP, each host on the wireless net only accepts ssh connections from hosts with known IPs and mac addresses and oubound routing (from connections terminated with ssh against into an authed socks proxy) is stictly controlled. Turning on WEP too would drop speeds to a useless level for little extra benefit.

    Maybe new standards will change this, but for now the media should really stop focusing on WEP as the be all and end all of security to the detriment of people competent enough to handle it themselves in a better fashion.

    --
    Beep beep.
    1. Re:Wireless security? by Anonymous Coward · · Score: 0

      Wireless routers should come shipped with a big red tag attached to them expressing the importance of securing their wireless network. New hardware sold today should have at least WEP by default and SSID broadcast turned off. I know that this is not perfect, but hey it is better than a wide open wireless network.
      I just setup a wireless home/office network and made sure I secured it as well as I can.
      I got some advice from a techie before I set this network up, but he suggesterd that I should not worry about this type of security because I lived in a single family dwelling. Well needless to say, I DID NOT take his advice.

    2. Re:Wireless security? by savaget · · Score: 1

      Wireless routers should come shipped with a big red tag attached to them expressing the importance of securing their wireless network. New hardware sold today should have at least WEP by default and SSID broadcast turned off. I know that this is not perfect, but hey it is better than a wide open wireless network.
      I just setup a wireless home/office network and made sure I secured it as well as I can.
      I got some advice from a techie before I set this network up, but he suggesterd that I should not worry about this type of security because I lived in a single family dwelling. Well needless to say, I DID NOT take his advice.

    3. Re:Wireless security? by Anonymous Coward · · Score: 0

      As long as you don't mind people sniffing your email username and password off of the signal you are broadcasting, your setup is fine.

      If however, you poll your email over this link, you are doing a Very Dumb Thing. :)

    4. Re:Wireless security? by Large+Green+Mallard · · Score: 1

      As a university network admin, one of the main concerns about AP's running without WEP is idiot tech writers war-driving and then writing up about "University X having wide open access points / doesn't know how to secure their network /etc" and associated loss of face amoungst the pointy heads.

      My university has wireless campus wide, with a WEP key for that reason.. and it's "12345". To actually get anywhere, you need to run a VPN client :)

    5. Re:Wireless security? by Wolfrider · · Score: 1

      "That's the kind of combination an IDIOT would have on his luggage!" == Spaceballs

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  17. I think that... by xSquaredAdmin · · Score: 1, Interesting

    some of the blame should fall on the homeowner for not having the security features available for his wireless network enabled. If everyone used the encryption features that come with their WLANs, then this kind of thing would happen much less often (if at all).

    --
    Crushing dreams at the speed of sarcasm
  18. How many arms? by Seby123456 · · Score: 2, Funny

    So he can whack off, use a laptop for hacking AND drive a car at the same time?! He must be a very flexible man!

    1. Re:How many arms? by Anonymous Coward · · Score: 0

      So he can whack off, use a laptop for hacking AND drive a car at the same time?!

      Obviously not.

  19. That's not new by Rosco+P.+Coltrane · · Score: 2, Informative

    The Edmonton Sun warns that 'War Driving ... is becoming more and more common among perverts trying to avoid online detection'.

    Well, this guy did avoid online detection : he was caught with road detection, driving the wrong way half-naked. It's not like the owner of the unprotected wifi AP called the cops, he was just acting odd on the road.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:That's not new by Lord_Dweomer · · Score: 1
      "Well, this guy did avoid online detection : he was caught with road detection, driving the wrong way half-naked. It's not like the owner of the unprotected wifi AP called the cops, he was just acting odd on the road."

      No kidding. I can't get over the stupidity of this guy. I mean...I in NO WAY condone what he was doing, but if you don't want to get caught...why not park somewhere, download the content, and go um....take care of business back home? I mean seriously, this guy DESERVED to be caught.

      --
      Buy Steampunk Clothing Online!
  20. A major point here seems to be.... by reality-bytes · · Score: 4, Insightful

    Aside from the charges made against him for the perverted video he was watching (and not to belittle the charges) it would seem that there is a major point that he has been charged with "Theft of Communications".

    This would suggest that all "Wardrivers" are at risk of being prosecuted for "Theft of Communications" regardless of what data they recieve over someone elses network.

    --
    Ripping an new rectum in the fabric of spacetime.
    1. Re:A major point here seems to be.... by Shakrai · · Score: 4, Informative

      This would suggest that all "Wardrivers" are at risk of being prosecuted for "Theft of Communications" regardless of what data they recieve over someone elses network.

      And that's a bad thing? Sorry, but if you break into my wireless network (even if you are just "mapping" how many open networks there are), you've just committed a crime. This is hardly new legislation. For reference I've included the Canadian code that the story linked to.

      I would say all the more so since even a "secure" 802.11b network (with the cheap grade APs that most home users have access to) can be broken into. People who do this and get caught (and I'm sure that's the minority. This idiot was only caught because he was driving down the street the way wrong with no pants on) should be prosecuted. It's that simple.

      Interestingly enough, if you read the law below, it seems they can lock this guy away for up to 10 years. With Canadian law (of which I'm hardly an expert) does that mean they can add ten years to the sentence he'll get for the child porn, or does he have to serve the sentence at the same time? Be nice if they could add ten years to his prison term...

      FYI:

      S.342.1 Unauthorized Use of Computer

      342.1 (1) Every one who, fraudulently and without colour of right,

      (a) obtains, directly or indirectly, any computer service,

      (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,

      (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or

      (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)

      is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

      Definitions
      (2) In this section,

      "computer password"
      "computer password" means any data by which a computer service or computer system is capable of being obtained or used;

      "computer program"
      "computer program" means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;

      "computer service"
      "computer service" includes data processing and the storage or retrieval of data;

      "computer system"
      "computer system" means a device that, or a group of interconnected or related devices one or more of which,

      (a) contains computer programs or other data, and

      (b) pursuant to computer programs,

      (i) performs logic and control, and

      (ii) may perform any other function;

      "data"
      "data" means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer system;

      "electro-magnetic, acoustic, mechanical or other device"
      "electro-magnetic, acoustic, mechanical or other device" means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;

      "function"
      "function" includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system;

      "intercept"
      "intercept" includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof.

      "traffic"
      "traffic" means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way.

      R.S., 1985, c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:A major point here seems to be.... by anthony_dipierro · · Score: 4, Insightful

      And that's a bad thing?

      Absolutely. I read that law, and it's something that I've broken before myself. I was at work. Our internet connection went down. I happened to pick up an 802.11 signal from the place next door, so I used it.

      I didn't harm anyone. I certainly don't deserve to go to jail for 10 years for doing it.

    3. Re:A major point here seems to be.... by Dwonis · · Score: 1
      FYI, "colour of right" basically means law enforcement. Most people don't have "colour of right".

      IANAL.

    4. Re:A major point here seems to be.... by Slack3r78 · · Score: 4, Interesting

      If the network is encrypted, SSID broadcasting disabled, etc, I agree with you. However, if the wireless network is left wide open without WEP enabled, it's potentially arguable that there's implicit permission to use the network, especially given the growing popularity of wi-fi hotspots. Basically, I agree that if someone intentionally cracks into a network, they should be held accountable, but the owner of the network should also bear some of the responsibility - namely securing it if they don't want just anyone using it.

    5. Re:A major point here seems to be.... by Shakrai · · Score: 5, Interesting
      Absolutely. I read that law, and it's something that I've broken before myself. I was at work. Our internet connection went down. I happened to pick up an 802.11 signal from the place next door, so I used it.

      I didn't harm anyone. I certainly don't deserve to go to jail for 10 years for doing it.

      If it was unintentional then you didn't break any laws. Most laws (at least in the US) require some sort of intent for you to violate them. If your Windows XP box helpfully picks up a WLAN and you start surfing on it (not knowing it isn't yours) then you've hardly committed a crime.

      I would have to say though, that based on what you said... "My Internet connection went down so I used this one" that you did break the law. Saying "I didn't harm anyone" is a piss poor excuse. How do you know that the connection in question isn't billed on a per-use basis? Unlikely I'll admit, but possible. In any case you had no right to use it without permission and if I was the admin of said network I would have reported the security violation to the proper authorities -- of course if I was the admin you wouldn't have gotten in it in the first place.

      If your phone line stops working is it ok to start using your neighbors just because your cordless phones happen to be the same model and your receiver will work with his base station? If you even tried doing that you'd be in some serious hot water. I don't see why it should be any different for Internet connections.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    6. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      You make the traditional argument that the owner of the house should be partly responsible for not locking his front door, when someone breaks in and steals stuff (and maybe rapes his daughter -- whatever).

      I think this is a fairly good legal argument, but it has always seemed morally bankrupt to me.

    7. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Interestingly enough, if you read the law below, it seems they can lock this guy away for up to 10 years. With Canadian law (of which I'm hardly an expert) does that mean they can add ten years to the sentence he'll get for the child porn, or does he have to serve the sentence at the same time? Be nice if they could add ten years to his prison term...

      No. If you are found guilty of breaking many laws at the same time, you normally serve the sentences concurrently (at the same time), so only the biggest jail sentence will matter.

    8. Re:A major point here seems to be.... by Shakrai · · Score: 2, Insightful
      However, if the wireless network is left wide open without WEP enabled, it's potentially arguable that there's implicit permission to use the network

      Actually I don't think that argument washes in a legal sense. I recall the old cordless phone setups that didn't have the random security codes the new ones do. If you happened to have compatible models with your neighbor you could wind up using his base station (thus his phone line) to make tons of long distance calls. Saying there was an "implicit permission" just because the hardware was wide open would not be an allowed defense if you were charged.

      but the owner of the network should also bear some of the responsibility - namely securing it if they don't want just anyone using it

      Actually the solution is for the product manufacturer to not ship products that are wide open by default. You can't (easily) use your neighbors cordless phone base station anymore. You can't blame Joe user who is an idiot and has no idea how any of this works.

      How "wide open" does a network have to be to meet your standard of "implicit permission"? If I change my SSID to "this_is_a_private_network" but don't turn off SSID broadcast (either because I'm too stupid to do so or my AP won't let me) any modern OS will be able to auto-detect and associate to that network. Does this mean I gave permission for the entire world to use my AP? That's a hard argument to sell, imho.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      more along the lines of, if you were to leave your TV out on your lawn, with the power turned on, and someone were to come along and start flipping through the channels and watch something with their universal remote.

    10. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      No, that's not a valid analogy because the home owner isn't ACTIVLEY BROADCASTING his tv/jewlrey/daughter's nibblits. It's a completely different situation.

    11. Re:A major point here seems to be.... by kscd · · Score: 1
      If your phone line stops working is it ok to start using your neighbors just because your cordless phones happen to be the same model and your receiver will work with his base station? If you even tried doing that you'd be in some serious hot water. I don't see why it should be any different for Internet connections.

      That's not a very fair anology. By using my neighbors phone I'd be preventing them from use of that phone. Not true with wireless, outside of very extreme circumstances.

    12. Re:A major point here seems to be.... by zurab · · Score: 5, Insightful
      How do you know that the connection in question isn't billed on a per-use basis? Unlikely I'll admit, but possible. In any case you had no right to use it without permission and if I was the admin of said network I would have reported the security violation to the proper authorities -- of course if I was the admin you wouldn't have gotten in it in the first place.


      If it was billed on per-use and per byte transmitted, then it should not have been public. That's what all these insecure (read: open) networks are - they are public. i.e., if you put your 50" plasma TV in your driveway facing outside and turn it on, when neighbors start watching it from across the street, they are not stealing anything - since you've made your signal available to public in such manner.

      There are a lot of open wireless networks like that that are meant to be used by public; some have posted signs saying so, some don't. there is no way for anyone to tell what the intention of the owner of the network is - share it publicly, or keep it private - unless that network owner requires authentication or otherwise locks his network down. Only then you will have an argument that the network was "broken into" and connection "stolen".
    13. Re:A major point here seems to be.... by Shakrai · · Score: 1
      I think this is a fairly good legal argument, but it has always seemed morally bankrupt to me.

      Actually it's a bullshit legal argument. If you tell the cops "I only stole all his stuff because he didn't lock the door" they are going to laugh at you -- and charge you anyway.

      What it is however is a fairly effective civil argument. Case in point: If you leave your cars in your car, your insurance company is not obligated to pay you if it's stolen (at least in my state). You could also be held liable if the person who stole it runs somebody over. There is a point where you've "done enough" to meet your responsibility though. If you lock your doors and take your keys and they smash the window and hotwire the car, you can't be sued for not using the club....

      In our example (the unsecured network) I would say that you met your responsibility when you changed your SSID and turned off broadcasting. Requiring WEP wouldn't wash imho -- it's not all that secure anyway and (on a lot of cheaper APs) it hinders performance. In any case it would be harder to punish someone for not locking down the AP (vs leaving keys in the car), because it's a lot easier for John Q. Public to understand "Don't leave the keys in the car" then it is for them to understand how 802.11 works and how insecure it is by nature....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    14. Re:A major point here seems to be.... by cicatrix1 · · Score: 1

      ??? Lies? I don't know if you are suffering delusions, or are yourself ignorant, but American law has always dictated that "ignorance is no excuse". Anything that you do that is against the law could be (and often is) prosecuted whether you knew it was a crime or not.

      --

      I know more than you drink.
    15. Re:A major point here seems to be.... by Shakrai · · Score: 1
      but American law has always dictated that "ignorance is no excuse"

      I didn't say ignorance of the law was an excuse. I said that if you accidently associate to your neighbors AP all-the-while thinking that you are using your own, then you haven't broken any laws.

      If I climb in a car that is similar to mine because I can't remember where I parked and attempt to drive off in it (only to discover that my key won't work) am I guilty of attempted grand-theft auto? I don't think so.

      Read my actual post before you go correcting me....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    16. Re:A major point here seems to be.... by orangesquid · · Score: 1

      I would say that Internet connections are somewhat different from phone connections. If you're using your neighbor's line, you have exclusive access to it until you're done; however, Internet connections can be *easily* shared. Additionally, most people with Wi-Fi have broadband, and have significant amounts of bandwidth 24/7 that often go unused, and you are not billed online based on which addresses you visit, whereas phones what with 900 numbers and long distance are billed much differently. Phone numbers can also be instantly attached to a person's name, enabling you to steal their identity, but IP addresses are much harder to track down, are often shared, change often, and so Internet sites generally aren't going to attach anything useful to your IP address.

      I might add that I think it's more serious to snoop on someone's private communication on a WLAN than to snoop on a phone call; until recently, you could often hear your neighbor's phone conversations faintly in your receiver <b>anyway</b> if you had copper circuits, so people often assumed that phones weren't too private. (Plus, unless you're home alone with the windows shut, your phone call isn't private, because sound carries... light, from a computer monitor, is easily blocked and privatized.)

      But what it comes down to is---if you're using someone else's resources without their knowledge, but not denying their service, not potentially framing them for something, not stealing their identity, and not causing them any burden, financial or otherwise, have you done anything ethically wrong? "Property" is not a universal concept (consider many Native American and African tribes, for example), so it can't be universally ethically wrong to borrow "property" without causing harm. (I am using property in the broad sense of ownership, not the specific materialistic definition used in AmericoEurope.)

      How different is this from walking across your neighbor's lawn to take a shortcut, or letting your dog piss on a neighbor's lawn?

      ortva 644 k.tm
      Z'KY("/_OBF\``J@`%<B!#8,C#`70.H/\(FGC0G?U#"L DO27+P NC'R.IN]_?6
      Z3M`KV@]\685/1R9*Q$HGHZ\6J!BB*7:@N3>. T'K9!JXHU05=$ SL/8@QGP[JO
      6QWE@/\NP&$@5N>;[Z=FIY)9Q;0``````
      `
      raq

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    17. Re:A major point here seems to be.... by Guido+von+Guido · · Score: 2, Interesting

      The first time I used my neighbor's wireless network I didn't even know I had a wireless card. I had a new laptop from work, and at some point I noticed that I was surfing the web with the cable unplugged. I had to turn off the wireless card, as it was coming up as the first interface (I don't have a wireless access point of my own yet).

    18. Re:A major point here seems to be.... by Shakrai · · Score: 2, Redundant
      That's not a very fair anology. By using my neighbors phone I'd be preventing them from use of that phone. Not true with wireless, outside of very extreme circumstances.

      No, but your slowing down his Internet connection. What if he is trying to download something? And what if he pays for his Internet connection on a per-byte basis? Highly unlikely, but not impossible.

      In the grandparents example (dead Internet connection.. neighbors is alive and wide open) all he had to do was walk next door and say "Can I use your AP for awhile?". He did not choose to do that. Thus he broke the law and stole a resource that didn't belong to him.

      If my electric stops working is it ok for me to plug an extension cord into my neighbors house without his permission just because he doesn't have a lock on the outdoor receptacle? Common sense here people....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    19. Re:A major point here seems to be.... by Blahzay · · Score: 1

      I live in Toronto, where this story occured and broke on the news yesterday. Many different news outlets were advising people to "keep access points away from exterior walls and windows", which I thought was rather humorous. I did not hear any advice about enabling MAC address filtering, which would prevent any unauthorized access.

    20. Re:A major point here seems to be.... by anthony_dipierro · · Score: 2, Interesting

      If it was unintentional then you didn't break any laws.

      It was intentional. I wanted internet access, I found an open AP, and I used it.

      "My Internet connection went down so I used this one" that you did break the law.

      Yeah. I did. At least, the Canadian one. I don't know what the exact wording of the law is in the US.

      Saying "I didn't harm anyone" is a piss poor excuse.

      It's not really an excuse. To call it an excuse implies that I did something wrong in the first place.

      How do you know that the connection in question isn't billed on a per-use basis?

      I don't. If it was, then I did something wrong. I still shouldn't go to jail for 10 years, though.

      If your phone line stops working is it ok to start using your neighbors just because your cordless phones happen to be the same model and your receiver will work with his base station?

      Sure, why not? As long as you're making a local call, and they have call waiting, and they aren't trying to use the phone, anyway.

      I don't see why it should be any different for Internet connections.

      The difference is that I can use other people's internet connection without harming anybody.

    21. Re:A major point here seems to be.... by Shakrai · · Score: 1
      If it was billed on per-use and per byte transmitted, then it should not have been public. That's what all these insecure (read: open) networks are - they are public. i.e., if you put your 50" plasma TV in your driveway facing outside and turn it on, when neighbors start watching it from across the street, they are not stealing anything - since you've made your signal available to public in such manner.

      Actually in that scenario the MPAA would show up at your door and start charging your neighbors royalties ;)

      But seriously, what about the extension cord example I cited? If your electric stops working is it ok to plug into your neighbors house (without permission) because he doesn't have a lock on his outdoor receptacle? I fail to see the difference here.

      There are a lot of open wireless networks like that that are meant to be used by public; some have posted signs saying so, some don't. there is no way for anyone to tell what the intention of the owner of the network is - share it publicly, or keep it private

      So you err on the side of "He wants me to use this resource"? WTF kind of reasoning is that? That's like saying "My neighbor wants me to use his gas because he doesn't have a locking gas cap on his car". Sorry, but I don't go using open Wi-Fi networks unless there is some sort of hot-spot sign posted or the owners of the establishment I'm in tell me I can use the service.

      Only then you will have an argument that the network was "broken into" and connection "stolen"

      Sorry that's flawed reasoning. If I leave my door unlocked I'm not giving you permission to come into my house without knocking.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    22. Re:A major point here seems to be.... by gad_zuki! · · Score: 2, Insightful

      >Sorry, but if you break into my wireless network (even if you are just "mapping" how many open networks there are), you've just committed a crime.

      So port scanning is a crime now? How many of those APs were 'closed?' On average it hovers around 10%. You're still just another node on the internet, the transmission medium doesn't make a difference.

    23. Re:A major point here seems to be.... by roystgnr · · Score: 1

      If I change my SSID to "this_is_a_private_network" but don't turn off SSID broadcast (either because I'm too stupid to do so or my AP won't let me) any modern OS will be able to auto-detect and associate to that network. Does this mean I gave permission for the entire world to use my AP? That's a hard argument to sell, imho.

      Should clicking on a link to privatenetwork.com be illegal, too? Be careful before you click: it could be someone who just wanted to share stuff over the web with their friends, and you might not have permission to use it despite the fact that they've got their computer configured to provide that use upon request.

    24. Re:A major point here seems to be.... by buddha42 · · Score: 1
      However, if the wireless network is left wide open without WEP enabled, it's potentially arguable that there's implicit permission to use the network

      So if I leave the door to my back-deck open for my dog to come and go while I'm upstairs reading, am I giving you "implicit permission" to come in and quietly nick my DVD player?

    25. Re:A major point here seems to be.... by Shakrai · · Score: 1
      It was intentional. I wanted internet access, I found an open AP, and I used it.

      Then you've just admitted breaking the law in an open public forum. I'd be wary of doing that.

      It's not really an excuse. To call it an excuse implies that I did something wrong in the first place.

      You used a resource that didn't belong to you just because you could. Saying you didn't do anything wrong because "It didn't cost them anything" is bullshit. Does that mean I can borrow your car without permission as long as I put gas in the tank and leave you money (31 cents a mile?) for wear and tear?

      I don't. If it was, then I did something wrong. I still shouldn't go to jail for 10 years, though.

      You wouldn't go to jail for 10 years for what you did (unless you pissed off the DA or Judge). You would (in all likelihood) be prosecuted though.

      Sure, why not? As long as you're making a local call, and they have call waiting, and they aren't trying to use the phone, anyway.

      Umm, because you DON'T HAVE PERMISSION. I'm sorry, but you don't go using something that belongs to somebody else without permission, unless it's some sort of life or death emergency. Breaking into your neighbors house to use his phone to report a gas leak in your house or a medical emergancy is ok. Breaking into his house because (for whatever reason) your phone doesn't work and you want to make calls (local or not) is unacceptable.

      The difference is that I can use other people's internet connection without harming anybody.

      I can take your lawn mower and mow my lawn without your permission -- that doesn't harm you as long as I put gas in it when I'm done. For some reason however I think any sane person would have a problem with me doing this. Saying "Well you left it out unlocked" is hardly justification.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    26. Re:A major point here seems to be.... by canajin56 · · Score: 1

      Just a little tidbit. The image on your monitor is most definatly NOT private. They put out a fair bit of EM noise, and you can snoop for that noise and reconstruct what the monitor is showing from up to 100 feet away, IIRC. Doesn't work on LCD's though.

      --
      ASCII stupid question, get a stupid ANSI
    27. Re:A major point here seems to be.... by rudabager · · Score: 1

      So if some one leaves a computer on the side of the street and you sit down and use it is that against the law. If some one doesnt deny public access to something, then why should the public get in trouble for using it. It's different if someone does deny access to their AP but if they dont then its free game. Here in America if you invite people into your house they dont get arrested for walking in. I am actually part of a sactioned project at my university that involves wardriving boston. It's not illegal if you dont break in.

      --
      If I wanted easy I wouldnt be an engineer or a patriot.
    28. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Sorry that's flawed reasoning. If I leave my door unlocked I'm not giving you permission to come into my house without knocking.

      Maybe not, but that's not a valid analogy to this situation, where you're activly broadcasting the connection. If you start throwing your valuables at people passing your house, you can't bitch about it when they take your things.

    29. Re:A major point here seems to be.... by Shakrai · · Score: 1
      Should clicking on a link to privatenetwork.com be illegal, too? Be careful before you click: it could be someone who just wanted to share stuff over the web with their friends, and you might not have permission to use it despite the fact that they've got their computer configured to provide that use upon request

      That's a foolish analogy. One implies taking a resource (bandwidth) that somebody is paying for and using it without permission just because it's wide open. The other implies going to a website. By definition websites are published for people to read. If they aren't meant to be read by the general public then they will be password protected.

      Likewise, by definition when John Q. Public bought that Linksys AP so he could use his laptop on the toilet, he didn't intend for you to be able to use his Roadrunner connection without his knowledge. Just because he lacks the knowledge to secure his AP (made oh-so-helpful by default settings), doesn't mean he intended for you to use his resource (bandwidth) that he alone pays for.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    30. Re:A major point here seems to be.... by jovlinger · · Score: 1

      legal wash or no, I tend to agree with the assertion that there is a basic requirement to attempt to secure--and take responsability for lack of such attempts--your posessions. Similarly, the law needs to recognise that the digital subculture often DOES give things like excess bandwidth away.

      Now, this needs to be subject to common sense: just because you left the door unlocked by accident doesn't mean people are allowed to enter your house, but IMHO you do need to show that you at least have the means to, and normally do, lock it. Likewise, if you flubbed your network administration, that is one thing, but that is completely different from not bothering at all. If someone sells you an unsecurable device, then that is a civil matter between you and the manufacturer. c.f: Nader's "Unsafe at any speed."

      Mind you, that's my thinking, and probably does not conform to any legal standard.

      How "wide open" does a network have to be to meet your standard of "implicit permission"?

      In general, I would think that if the network was so poorly secured that no effort was necessary to join it, that would not be enough. What you suggest is like embedding an EULA in an HTML comment and then hitting up each visitor to your site for a license fee.

      More generally, courts are quite good at balancing one thing against another. If only the courts would hold off on setting precedents until the standards and mores of online communities had become widely known, perhaps the legal standard would more closely conform to the standards of the community.

      You can't blame Joe user who is an idiot and has no idea how any of this works.

      I fundamentally disagree. Joe needs to take responsibility for his actions. Manufacturers need to (and do) take resposability for unfit products. If he bought a product that is unfit for advertised purpose, then that is between him and the manufacturer. If he's just an idiot and turns off all saftey controls or buys himself industrial grade networking gear, then he's just and idiot, and that is no excuse. Where that line goes is a civil court matter.

    31. Re:A major point here seems to be.... by orangesquid · · Score: 1

      Yes... tempest-ng :) Plus you can snoop modem links by monitoring LEDs, etc etc. But, LCDs are not prone to that, and people are moving increasingly toward LCDs.

      I realize now that there are a few glaring problems in my post. But I'm too lazy to fix them :)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    32. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      (I don't have a wireless access point of my own yet).

      YOU!, You're banned from /.!

    33. Re:A major point here seems to be.... by orthogonal · · Score: 1

      If it was billed on per-use and per byte transmitted, then it should not have been public.

      An opinion that will find much support at the local jail:

      "If da bitch dint want me stealing her purse, she shouldn't a put money it it an wore it on dat loose strap. Dat bitch wuz askin for it.

      "Whut wuz she thinkin leavin her house anyway, if she dint want no trubble?

      "I'm a bein framed I tell ya."

    34. Re:A major point here seems to be.... by ArsonPanda · · Score: 1

      There's problems with every single one of your examples...
      A)Each uses an item that is exclusive use, only one person can use it at a time, thus your use deprives the owner of it's use. A better example would be a water spigot at the owner's curb, your use of that water spout doesn't deprive them of thier use of water, and (where I am at least) it's a flat rate regardless of the amount you use.
      B)Involves a passive object. In the case of the wireless AP use, the owner is *actively broadcasting* the signal. You can't throw something at someone, then be upset that they have it.

      --

      --I don't want the world, I just want your half.
    35. Re:A major point here seems to be.... by GoofyBoy · · Score: 1

      Its more like passively broadcasting.

      Sort of like how I leave my laptop in front of an open window so those on the street can see. Pretty similar situations.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    36. Re:A major point here seems to be.... by Shakrai · · Score: 1
      An opinion that will find much support at the local jail:

      Hahahaha, that's great. Thanks for making my point with a little bit more humor then I've managed to use so far :)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    37. Re:A major point here seems to be.... by jerde · · Score: 0

      I happened to pick up an 802.11 signal from the place next door, so I used it.

      Which is arguably wrong. Without proving damages, it shouldn't be prosecuted as a crime, however.

      Just because something isn't protected by a password doesn't mean that it may be used by anyone. It's especially important to realize that many APs come out of the box with no WEP enabled, and work as a plug-and-play device with no configuration. At what point, legally, do you hold consumers responsible for locking down their own equipment to prevent unauthorized use?

      Consider a much much older technological example: early cordless phones -- the old 49MHz variety -- did not employ access protection, such that a neighbor with a compatible phone could, even accidentally, reach your base station and make calls on your phone line. That should certainly be illegal, no? Well, at least if your neighbor did it willfully.

      - Peter

      --
      INsigNIFICANT
    38. Re:A major point here seems to be.... by anthony_dipierro · · Score: 2, Interesting

      Then you've just admitted breaking the law in an open public forum. I'd be wary of doing that.

      Why? There's no other evidence. There's plenty of reasonable doubt. I could be lying.

      You used a resource that didn't belong to you just because you could.

      My reason wasn't because I could. My reason was that I wanted internet accessing.

      Saying you didn't do anything wrong because "It didn't cost them anything" is bullshit. Does that mean I can borrow your car without permission as long as I put gas in the tank and leave you money (31 cents a mile?) for wear and tear?

      No. That's different. We can't both use the car at the same time. I would say that you can use it whenever I don't need it, but since I'm a volunteer firefighter I could potentially need it at any time. So no, you can't borrow my car.

      You wouldn't go to jail for 10 years for what you did (unless you pissed off the DA or Judge). You would (in all likelihood) be prosecuted though.

      The law shouldn't allow me to go to jail at all for what I did. Certainly not for 10 years.

      Umm, because you DON'T HAVE PERMISSION. I'm sorry, but you don't go using something that belongs to somebody else without permission, unless it's some sort of life or death emergency.

      I'm sorry, I just don't follow that rule. If I can use something that "belongs" to someone else, and they aren't going to be harmed by my use of it, then I'm going to. If you need a pen, and you see one lying in front of you, do you go around looking for the owner of the pen, or do you just use it?

      Breaking into your neighbors house to use his phone to report a gas leak in your house or a medical emergancy is ok. Breaking into his house because (for whatever reason) your phone doesn't work and you want to make calls (local or not) is unacceptable.

      Sure, because it's breaking into someone's house. Even if you don't actually break anything, you could scare the shit out of the person if they're home or they come home and see you. It's completely different.

      I can take your lawn mower and mow my lawn without your permission -- that doesn't harm you as long as I put gas in it when I'm done. For some reason however I think any sane person would have a problem with me doing this.

      I guess I'm insane. You can borrow my lawn mower any time you want.

    39. Re:A major point here seems to be.... by Shakrai · · Score: 1
      Each uses an item that is exclusive use, only one person can use it at a time, thus your use deprives the owner of it's use

      I don't see why that's a problem. The underlying point is that it's morally wrong to use something that doesn't belong to you without permission. And, actually, one of my previous examples (admittedly from a different comment) was about using your neighbors electric just because he left the outdoor receptacles unlocked. Is that ok?

      BTW, not to throw your own reasoning at you, but using your neighbors water spigot would deprive them of the use of their water... ever had anyone flush a toilet on you while taking a shower in a house with older plumbing? ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    40. Re:A major point here seems to be.... by anthony_dipierro · · Score: 2, Insightful

      So if some one leaves a computer on the side of the street and you sit down and use it is that against the law.

      Where I live, scavaging is technically illegal, so technically, yes.

      If some one doesnt deny public access to something, then why should the public get in trouble for using it.

      I agree. In order to be considered to have ownership of something you should at least make some token effort at protecting it. At the very least you should put up some sort of notice that it is yours. We require "no trespassing" signs in order to charge someone criminally for trespassing on unprotected (unfenced) property. You can still be held civally liable for any actual damage you do, but in order to be charged criminally there needs to be a "no tresspassing" sign. Why shouldn't we do the same with internet access?

    41. Re:A major point here seems to be.... by alset_tech · · Score: 1
      Sorry, but if you break into my wireless network (even if you are just "mapping" how many open networks there are), you've just committed a crime.

      Oh, crap! I was troubleshooting my Linksys WiFi router for antenna placement by using my laptop to scope the signal. I picked up my neighbor's signal in the process... Falls under mapping. Shit, how could I be so careless?

      Only one thing to do now.... I'm gonna have to turn myself in, lest I become a fugitive. Thanks for letting me know that I'm a criminal for scanning the radio waves in my apartment. I feel much better, now.

      --
      Standing on the shoulders of giants.
    42. Re:A major point here seems to be.... by DarkVader · · Score: 2, Insightful

      Why is it not OK to use a wireless network?

      The network is advertising its presence, has no indication that it isn't available for whoever wants to use it. And I think that's the key - IT IS ADBERTISING ITS AVAILABILITY to anyone who is listening.

      It's very simple to add a password to a WLAN, and I see anyone who doesn't do so as intentionally making the network available to the public.

      If they don't mean to do that, they should restrict access to the network.

      And yes, accessing a protected network should still be a prosecutable offense.

    43. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      At what point, legally, do you hold consumers responsible for locking down their own equipment to prevent unauthorized use?

      I think we should use the same rules as trespassing laws. If it's unprotected, then you have to have some sort of "no trespassing" sign. If you haven't put up some sort of "no trespassing" sign (the law could specify the means by which this sign is put up, for instance in some states if you paint a purple spot on a tree every so many feet that means no trespassing), then you can only be charged civilly with actual damages.

    44. Re:A major point here seems to be.... by DarkVader · · Score: 1

      and I can't type today.

    45. Re:A major point here seems to be.... by TheLoneDanger · · Score: 1

      I had something like this happen. Our neighbours (who my folks don't get along with) had a problem with their water, and they shut it off. While we were away, they hooked up a hose to our outside tap and ran it to their house.

      They had it on full blast the WHOLE day, and worse, the tap was slightly leaky and so we had some flooding in our backyard as well. Yes, we were damned pissed.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    46. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      And your company wouldn't have gone after somebody from next door if they jacked into your T1/OC3? BS. You broke the law. You're a liability to your employer.

    47. Re:A major point here seems to be.... by Dave2+Wickham · · Score: 1

      So you're arguing that private content put on a Web site should be password protected, meaning that content without a password is public, by definition. You then claim that just even though someone doesn't set a password on their WiFi setup, it should still be considered private? And the reason being that it's too hard to set a password/passphrase? Last time I checked it wasn't exactly easy to password protect content if you don't know how (and don't have a tool to make things easier), and I would argue that setting up WEP can be easier.

      And if you think that transfer for web sites doesn't cost money, you are wrong - it's expensive.

      Of course it is possible IHBT...

    48. Re:A major point here seems to be.... by Grishnakh · · Score: 1

      Bad analogy. A better one is if your neighbors are dangling extension cords over the wall into your property, why shouldn't you use them?

      The neighbor's AP was broadcasting signals into his property, with no attempt at all to restrict access, so he had every right to use them.

    49. Re:A major point here seems to be.... by ifwm · · Score: 2, Insightful

      So if you leave your house unlocked I can move in? You can still live there, you just have to deal with me living there too. By the way, a wireless network is property. Regardless of the fact that it can be picked up by a neighbor, it's still the owners property, to use as he wishes. the fact that he doesn't secure it is no excuse to steal it.

    50. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      it's morally wrong to use something that doesn't belong to you without permission

      If you can find a way to allow my neighbor to use my lawnmower without
      -Causing any wear and tear on the unit
      -Coming onto my property to obtain it
      -Costing me more money for it's use (eg electrical)
      -Depriving my use of it whenever I feel like it
      -And all I have to do is baisicly flip a switch to prevent their use (be it WEP or whatever) whenever I want, there is nothing "morally wrong" about it.
      Now, if I have WEP or whatever running, baisicly a "not for you to use" sign, and they crack it, then the law should bitch slap them.

      BTW, not to throw your own reasoning at you,
      Uh, that's not throwing anything, that's just you being a nitpickey pile of flamebait. Toilet flushing is irrelivant and you know it. And you mention you completely ignored the second part of grandparent, that it's your responsibility to encrypt something if you're going to be broadcasting it to the public and you don't want them to see it.

    51. Re:A major point here seems to be.... by wrf3 · · Score: 1

      If my electric stops working is it ok for me to plug an extension cord into my neighbors house without his permission just because he doesn't have a lock on the outdoor receptacle?

      In the case of the electrical outlet I have to go onto my neighbor's property to use it. With wireless, the neighbor is broadcasting onto my property. In fact, an uprotected linksys network showed up in my Airport menu while I'm composing this reply! The first issue is to note that I know that it isn't my network. Therefore, caution should be used. But I use wireless hotspots which, in some places require payment; while others are free. So a determination needs to be made if the network is public or private. That's harder, since I don't know which neighbor has the network (although I did walk around my neighborhood one night with my 17" PowerBook testing signal strength...). Discretion argues that I shouldn't use it, absent knowing the intent of the owner. But the owner not protecting the network makes it murky. Is he ignorant, or generous?

    52. Re:A major point here seems to be.... by SlamMan · · Score: 1

      Depends. Was his car inside my house?

      --
      Mod point free since 2001
    53. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      Anything that you do that is against the law could be (and often is) prosecuted whether you knew it was a crime or not.

      That's not true. Some crimes require that you know that what you are doing is illegal. For instance, the DMCA (that's how Elcomsoft was acquitted).

    54. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Quite the contrary. Non-property is the reason we can destroy the earth.

      Nope, he's right. Property is the reason we can destroy the earth.

    55. Re:A major point here seems to be.... by Grishnakh · · Score: 1

      If you are found guilty of breaking many laws at the same time, you normally serve the sentences concurrently (at the same time), so only the biggest jail sentence will matter.

      While I don't disagree (differ in opinion(view)) with your addition (act of adding) of a definition (meaning) of the word "concurrently", I find it pretty pathetic (sad) that we have to stoop (lower ourselves) to using unsophisticated (simple) words because of the poor literacy (understanding of language) of most people here.

    56. Re:A major point here seems to be.... by cheekyboy · · Score: 1

      I only accept a few MACS to address my network, that prevents other usage.

      --
      Liberty freedom are no1, not dicks in suits.
    57. Re:A major point here seems to be.... by ifwm · · Score: 1

      You're adding complexity to the argument that isn't necessary. You're knowingly using something that doesn't belong to you, which is otherwise known as stealing. It doesn't matter if you harm the owner in any way, because the only relevant point is that it doesn't belong to you.

    58. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Exactly. If I leave my front door wide open with a sign on the front lawn reading "Free stuff" and someone steals everything I own, the police are just going to laugh at me. And legally, there isn't much they can do about it.

    59. Re:A major point here seems to be.... by ifwm · · Score: 1

      The Earth will persist long after we are gone. Only people with a grandiose sense of self importance think that what we do matters one bit. Humans will most likely die off, and leave the Earth to some other species, which will then become dominant. Life is more resilient than you think.

      And by the way, the Earth is not a "she" it is a ball of rock. You've been watching too much Captain Planet.

    60. Re:A major point here seems to be.... by SuperKendall · · Score: 1

      If my electric stops working is it ok for me to plug an extension cord into my neighbors house without his permission just because he doesn't have a lock on the outdoor receptacle? Common sense here people....

      I sort of agree it is stealing, but this case is really more like where the neigbor ran an extension cord into MY house!! Sure it's stealing to use the power, but why did he run the cord into my house? Similarily, the signal from an access point overlaps.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    61. Re:A major point here seems to be.... by blair1q · · Score: 1

      Close.

      There's an innate right to observe the network traffic being transmitted as RF energy through your body by the owner of the network.

      But there's no permission to transmit into it, and without transmitting packets, you have no control of what the network broadcasts.

      So if he was getting his kiddie-porn fix by driving around looking for open 802.11 broadcasts of other local pedophiles, then there'd be no "theft of communications."

      Frankly, I hope they charge him with shoplifting, drug trafficking, and insider trading, as well. Pedophiles should have to give up all their rights, including those to due process.

    62. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      You're knowingly using something that doesn't belong to you, which is otherwise known as stealing.

      No, it's known as trespass to chattels. Stealing would be if you physically remove that something that doesn't belong to you. And according to Glidden v. Szybiak it isn't even trespass to chattels unless there is harm caused to the thing you are using. So no, it's not stealing. It's not even trespass to chattel. It's might be electronic trespass, but I don't know the specifics of the law here in the US.

    63. Re:A major point here seems to be.... by ifwm · · Score: 1

      Interesting that you talk about morality, then reason that it's my responsibility to prevent you from stealing from me. The fact that the owner incurs no damages is irrelevant. You're using something that isn't yours. 5 year olds get it, why don't you?

    64. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      The whole point is that if you're broadcasting something, those who pick up your signal aren't stealing anything at all.

    65. Re:A major point here seems to be.... by Lord+Kano · · Score: 1

      And that's a bad thing? Sorry, but if you break into my wireless network (even if you are just "mapping" how many open networks there are), you've just committed a crime.

      If you leave a wireless AP up with no security, it can be inferred that you intent it to be used by anyone who can access it.

      If someone drives up to a busy intersection, and dumps out a duffel bag full of $100 dollar bills and then proceeds to drive away, it can be inferred that s/he is giving the money away.

      If someone is on a public street, and your router is broadcasting to them, you have willingly shared with them.

      I'm not a Canadian, I have no idea about Canadian jurisprudence, but this guy apparently broke several other laws. Child Porn, traffic violation, possibly even a public nudity charge might apply, but unless he cracked into the network, he didn't steal any communications.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    66. Re:A major point here seems to be.... by ifwm · · Score: 1

      I don't know where you live, but there is no requirement for a "no trespassing" sign on my house. However, if I leave the door open and you come inside, you've broken the law (unlawful entry, the bastard cousin of breaking and entering without the breaking) Now, you can try to rationalize coming inside to me and the cops, by telling them "I didn't take anything, all I did was look around" which may be true. It doesn't matter. It's not yours. The fact that I made it as easy as humanly possible for you to get in still doesn't entitle you to use it without my permission.

      You see, that's the sticking point that seems to divide the 2 sides of thought here. One side says "It's in the air, and no one gets hurt" and the other side says "it's mine, you must have permission to use it." Well, there is no such thing as implied permission. The lack of security is irrelevant, you must have explicit permission. There is also no such thing as public domain private property. It's either one or the other, and since it's mine, and I didn't give you explicit permission to use it, you've stolen it.

    67. Re:A major point here seems to be.... by leonbrooks · · Score: 2, Insightful
      With wireless, the neighbor is broadcasting onto my property.

      In order to make effective use of it you must broadcast onto his.

      Is he ignorant, or generous?

      Sorry, you're asking this question about a human being? How much do you know about human nature?

      What it comes down to is that the only safe thing to do is leave it alone until you can find out for sure.

      --
      Got time? Spend some of it coding or testing
    68. Re:A major point here seems to be.... by ergo98 · · Score: 1

      I did not hear any advice about enabling MAC address filtering, which would prevent any unauthorized access.

      MAC filtering without encryption is pretty much useless - monitor MAC addresses and alias one of those.

    69. Re:A major point here seems to be.... by a+whoabot · · Score: 2, Insightful
      I guess I'm insane. You can borrow my lawn mower any time you want.

      No shit. Who would have a problem with that? Here would be that conversation:

      Him: "Hey, Pete I used your lawnmower."

      Me: "Oh...huh?"

      Him: "Don't worry, I put it back."

      Me: "Is it alright?"

      Him: "Yeah, I filled it back up."

      Me: "Oh. Alright then."

      Him: "Thanks."

      Me: "Uh, no problem."

      But apparently, because the law implies that that's wrong I should probably just "beat him up" like somebody said about something earlier.

    70. Re:A major point here seems to be.... by ifwm · · Score: 1

      So what if I don't want you to use it? The law requires that you have my permission or it's stealing. Just because you disagree, that doesn't change the fact that it's mine and I don't want you to use it.

    71. Re:A major point here seems to be.... by zurab · · Score: 1
      Actually in that scenario the MPAA would show up at your door and start charging your neighbors royalties ;)


      Tell me about it, maybe they'll bring U.S. marshalls with them too a la BSA.

      But seriously, what about the extension cord example I cited? If your electric stops working is it ok to plug into your neighbors house (without permission) because he doesn't have a lock on his outdoor receptacle? I fail to see the difference here.


      If there's a sign saying "free electricity for neighbors" then yes. Even without the sign, when you are at a public place such as airports, you are allowed to plug in your laptop to an outlet; a lot of airports even have free wireless networks you can use for your e-mail and web access. Just because you don't have a written signed permission from an airport official, does not mean you are committing a crime when using their free wireless internet access.

      There are a lot of open wireless networks like that that are meant to be used by public; some have posted signs saying so, some don't. there is no way for anyone to tell what the intention of the owner of the network is - share it publicly, or keep it private

      So you err on the side of "He wants me to use this resource"? WTF kind of reasoning is that? That's like saying "My neighbor wants me to use his gas because he doesn't have a locking gas cap on his car". Sorry, but I don't go using open Wi-Fi networks unless there is some sort of hot-spot sign posted or the owners of the establishment I'm in tell me I can use the service.


      You have a point that Wi-Fi sharing may be inadvertent, but also consider the following:

      The reasoning is that the sharer is broadcasting free access to the internet in public. I am not stealing the TV signal - it's broadcasted to me through airwaves. I am not stealing the radio signal the same way. Those are more appropriate analogies than electricity and gas, since the latter two are not being broadcasted. It's closer to having a big sign saying "open house - come in any time" on the house - i.e., broadcasting the "signal", and charging people for trespassing if they enter the gate and knock on the door.

      Again, point taken that in the Wi-Fi case the sharing may be inadvertent.

      Sorry that's flawed reasoning. If I leave my door unlocked I'm not giving you permission to come into my house without knocking.


      See the above example.
    72. Re:A major point here seems to be.... by jjhlk · · Score: 1

      there is no way for anyone to tell what the intention of the owner of the network is

      So don't use it unless you're sure?

      The television analogy fails because TV is quite different than an internet connection. Why bother with analogies in the first place? You are using someones property if you connect to their wireless lan, which you obviously has no right to do. So don't.

    73. Re:A major point here seems to be.... by zurab · · Score: 1
      An opinion that will find much support at the local jail:

      "If da bitch dint want me stealing her purse, she shouldn't a put money it it an wore it on dat loose strap. Dat bitch wuz askin for it.

      "Whut wuz she thinkin leavin her house anyway, if she dint want no trubble?

      "I'm a bein framed I tell ya."


      I fail to see the analogy between stealing someone's property and using the broadcast signal. Was the [alleged] victim telling everyone who passed by, or yelling out loud (broadcasting) that anyone could have her purse if they wanted to? Then it would not be stealing if someone took her up on her offer.
    74. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      The law requires that you have my permission or it's stealing.
      Wrong, you're broadcastic unencrypted on the public airwaves, in publicly accessable spectrum bands, I do not need your permission to listen, and because it's publicly accessable, i can transmit if i want, thus establising a two way link with your net connection. If you don't want me to use it, you encrypt it. As mentioned higher in the thread, if I then break that encryption, it's hello prison ass rape.

    75. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      The point here is that he is a sick child porn fuck and the police are going to throw everything at him to keep him off the streets.

      The fact that he was wardriving was a bonus for the police who charged him.

    76. Re:A major point here seems to be.... by ifwm · · Score: 1

      That's tort law, we're talking about criminal law. You are familiar with the difference?Damages are only relevant in civil prodceedings.

      But since you brought it up...

      Intel Corp vs Hamidi introduced the principle that time spent to deal with the consequences of unlawful access can be defined as damages. So, if I have to turn on my WEP to prevent you from getting in, it is trespass to chattels.

      And in the case of Thrifty-tel vs Bezenik, the definition of trespass to chattels was broadened to state

      "Where the conduct complained of does not amount to a substantial interference with possession or the right there to, but consists of intermeddling with or use of the personal property, the owner has a cause of action for trespass" to chattel.

      That means that USE of others property, regardless of whether it has interfered with the owners use, is actionable.

    77. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      I don't know where you live, but there is no requirement for a "no trespassing" sign on my house.

      Not on your house, because your house is protected.

      However, if I leave the door open and you come inside, you've broken the law (unlawful entry, the bastard cousin of breaking and entering without the breaking)

      First of all, it's still breaking and entering. Secondly, as I said, the house itself is considered protection against trespassing.

      I'm referring to walking on someone's property which is completely unprotected. Like the woods in your backyard. There you have to have a "no trespassing" sign in order for there to be criminal charges.

      The lack of security is irrelevant, you must have explicit permission.

      Wrong. Security is what defines ownership. Otherwise, how are we to say who owns what? You come into ownership of something which was previously public by possession and protection.

    78. Re:A major point here seems to be.... by zurab · · Score: 1
      So don't use it unless you're sure?

      The television analogy fails because TV is quite different than an internet connection. Why bother with analogies in the first place? You are using someones property if you connect to their wireless lan, which you obviously has no right to do. So don't.


      You are making a good point, and I agree - sharing may be inadvertent on the part of the owner, so there's some validity to what you are saying.

      The TV analogy was with respect to broadcast signal - i.e., if you broadcast a wireless signal, whether it's TV, radio, or invitation to use free Internet access, then you cannot accuse anyone of stealing that signal. Unless you consider broadcasting such an open invitation to everyone as an offer to use that service, then no, you don't have any rights to use someone else's property.

      But there's another side to this too, that there are a lot of places where such signal is made available, by local businesses, people in the neighborhood, etc., for that specific purpose of sharing connection. In that case, and quite often when there's no visible posted sign, does such signal constitute an offer for that service? Could it be considered as an electonic means of boradcasting an offer for the said service? If you could post a sign saying "free wireless internet access" vs simply broadcast the equivalent, what would be the difference? You could have put up a sign inadvertently too, or you forgot about the sign you put up completely. If the physical sign and broadcast singal are offering the same, then I think the question comes down to - are you responsible for whatever you broadcast from your property? I think the answer is yes.
    79. Re:A major point here seems to be.... by Ohreally_factor · · Score: 1

      If you leave your lawnmower at my house, and I use it without permission, you going to sue me or call the cops?

      If you don't want to provide me with wireless access, then you should secure your network OR see to it that your freakin' radiowaves don't come on to my property. If this means installing a faraday cage around your house, so be it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    80. Re:A major point here seems to be.... by wrf3 · · Score: 1

      Sorry, you're asking this question about a human being? How much do you know about human nature?

      I'm a Calvinist. Does that answer your question? ;-)

      Whether or not it's safe (as regarding the law), I agree that, in the absence of other information, it's correct to leave it alone, since it ins't my property.

    81. Re:A major point here seems to be.... by cmallinson · · Score: 1
      he had every right to use them

      Are you serious??? So as long as something is not locked away, it is your RIGHT to take it? Try saying "finders keepers" to a judge.

    82. Re:A major point here seems to be.... by prshaw · · Score: 1

      >>has no indication that it isn't available for whoever wants to use it

      But, it is NOT indicating that is available for public use either. Unless you are given explicit permission to use someone else's property it is wrong to use it.

      Doesn't matter if someone left the keys in their running car, it is still illegal to steal it.

      There is no sign on the front of your house saying I cannot come in an take what I want, so does that imply that I am allowed to? Don't worry, I have a key like thing that will open your front door.

    83. Re:A major point here seems to be.... by penguinoid · · Score: 1

      "electro-magnetic, acoustic, mechanical or other device" means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;

      Does that mean one can legally intercept communications with a hearing aid. Hmmm...

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    84. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Yeah, that makes sense. If someone left a wad of hundred dollar bills sitting on the sidewalk and went away, should they expect it to still be there when they got back? Would anyone who took some or all the money be considered a criminal under the law? That's for the lawyers to decide, but one thing's for certain: the police would ask the owner of the money "Why the hell did you leave it out in the open to begin with?"

    85. Re:A major point here seems to be.... by Ohreally_factor · · Score: 1

      No, it's a pretty accurate analogy. The solutions for the person wanting to keep his wireless network or website private are the same. Secure it. If you don't secure it, you are granting access to others by default.

      You are ignoring the fact that bandwith is consumed either way, and that someone is paying for that bandwith.

      --
      It's not offtopic, dumbass. It's orthogonal.
    86. Re:A major point here seems to be.... by Ohreally_factor · · Score: 1

      No, but if you leave your DVD player out on your neighbor's yard, would you be suprised to find it gone the next day?

      --
      It's not offtopic, dumbass. It's orthogonal.
    87. Re:A major point here seems to be.... by ifwm · · Score: 2, Informative

      Ok, one question. Do you have permission to access the ISP's network? No? You broke the law. Sorry that you don't like it, but againg the fact that you can get in easily does not entitle you to use.

    88. Re:A major point here seems to be.... by august3wiz · · Score: 1

      >Pedophiles should have to give up all their rights, including those to due process.
      I agree, but he isn't a pedophile until he is found guilty by a jury of his peers. Otherwise, you could be charged with downloading pedophilia, and immediately be beaten, thrown in jail, or whatever BEFORE even seeing a judge. The Constitution was written like it is for a reason!

    89. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      That's tort law, we're talking about criminal law.

      Hmm, maybe. I'd still like to see where mere use of something that doesn't belong to you is defined as stealing, cause I don't think it is.

      That means that USE of others property, regardless of whether it has interfered with the owners use, is actionable.

      Always? I don't know. I thought Intel v. Hamidi was decided in favor of Hamidi. But apparently it wasn't. I'm going to have to look further into this. But you're probably right.

    90. Re:A major point here seems to be.... by Grishnakh · · Score: 1

      Absolutely. If you throw your diamond jewelry through my house's windows, I have every right to keep it and sell it at the pawn shop.

      If you don't want me using your stuff, keep it on your property.

    91. Re:A major point here seems to be.... by Grishnakh · · Score: 1

      No, my house is on my property. However, if you send your signals onto my property, I can use them however I wish. If you don't want me using your AP, don't send the signals onto my property.

    92. Re:A major point here seems to be.... by ifwm · · Score: 1

      Ok, it IS unlawful entry (at least where I live) not breaking and entering. I know, because I was prosecuted for wait for it..... unlawful entry!! So since law differ from place to place, what it's called doesn't matter.

      Secondly, your definiton of ownership is absurd. Every definiton I've ever seen says that ownership is defined as exclusive leagl right to posession. The law doesn't require one to provide "security" in order to prove ownership.

      I came into ownership of my house, which was NEVER public. It was built by a company (who owned it) then sold to someone (who owned it) then sold to me. Do I not own it? Of course I do. You just got caught making something up.

    93. Re:A major point here seems to be.... by Dr+Reducto · · Score: 2, Interesting

      Windows XP automatically logs onto access points for you, so you could use the excuse that the AP hacked you, and you aren't even in Soviet Russia!

      They used this argument in a book on Wireless Security I got.

    94. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      Secondly, your definiton of ownership is absurd. Every definiton I've ever seen says that ownership is defined as exclusive leagl right to posession. The law doesn't require one to provide "security" in order to prove ownership.

      It does, though. If you abandon something, eventually you don't own it any more. This isn't something which comes up a lot, but it is part of the law.

      I came into ownership of my house, which was NEVER public.

      Sure it was. At one point your house was a tree. And that tree was public. Then someone acquired either the land that the tree was on, or the tree itself. Then that ownership was eventually passed on to you.

    95. Re:A major point here seems to be.... by JohnnyCannuk · · Score: 1

      Clearly, you do not know the meaning of the phrase:

      "Every one who, fraudulently and without colour of right,"

      In Canada (and in English Common Law in general) "colour of right" means that you are the owner of something, have the explicit permission of the owner of that thing to use it or are entitled to use it as a result of legislation or regulation. A tow truck driver, for instance, does not have "the colour of right" over your car in order to take it until you have violated a law, or been ordered to tow the car by another legal authority (the police for instance). But even then they don't have the "colour of right" to sell your car or any of it's contents to pay for the tow or the impound fee.

      The idea of "the colour of right" is the corner stone for all English Common Law ideas of theft. If you don't have the "colour of right" over something and possess it or are using it, you are commiting theft.

      There is no such thing as implicit permission for anything when dealing with "the colour of right". Permission must be explicitly given. For instance, I leave all my doors and windows in my house wide open and all the lights n and some one walks in and steals my TV. Is it just theft or break and enter as well? Because that person did not have the colour of rights to my TV, its clearly theft, but since they also didn't have my explicit permission to be in my house, it's also break and enter.

      Yep, even if they didn't actually "break" anything to get in. They don't have the right to be in my home and they entered illegally, it would be considered break and enter. It doesn't matter one bit that all my doors and windows were open. That's what this guy did (among other things).

      Now is it as stupid to leave my WiFi connection unsecured as it is to leave all my doors and window open? Sure is, but that in no way makes it less illegal when someone enters my house or uses my connection without my explicit permission (like me telling them to go in or a NoCatSplash page when you log in to my WiFi).

      Why is this guy being charged with it? Well, he was caught. Just because a law is on the books doesn't mean it is easily enforced. Just as it is unlikely to catch a burglar who enters my house if I leave my doors and windows open, it is unlikely for the authorities to catch somebody surfing the net on my connections - unless a cop inadvertantly pulls him over with my TV in the back seat or my WiFi connection (or something else) in his hand.

      And lets not forget the media sensationalism surrounding this. The guy was caught surfing child porn. Now, even if he had been pulled over driving the wrong way on a one-way street while checking his web-mail on his laptop (instead of what he was doing), it is unlikely that he would have been charged under section 342 and this would not have made it past a few chuckles at the end of CITY TV News at 11.

      But of course, he wasn't checking his e-mail so Toronto's finest charged him with everything they could.

      I think these are some of the points that are missing from most of the posts here.

      BTW, that is the way you spell "colour"...:)

      --
      Never by hatred has hatred been appeased, only by kindness - the Buddha
    96. Re:A major point here seems to be.... by cyberjoe · · Score: 0

      If I leave my keys in my parked car at the mall, that doesn't imply I want you to use it, does it?

    97. Re:A major point here seems to be.... by blair1q · · Score: 1

      I think sheriff's deputies are a jury of a pedophile's peers, but you have to know sheriff's deputies to believe that.

    98. Re:A major point here seems to be.... by ifwm · · Score: 1

      It was decided in favor of Hamidi, because Intel failed to conclusively prove damage. The important point, and the reason I brought it up, is that the Court allowed room to prove damages. The reason the case failed was that at the lower court level, Intel argued damages based on the content of the emails, instead of the quantity. The court held that had Intel argued at the lower court level that the volume of e-mail was damaging, they probably would have won.

    99. Re:A major point here seems to be.... by kubrick · · Score: 1

      I happened to pick up an 802.11 signal from the place next door, so I used it.

      I didn't harm anyone.


      That's not for you to decide -- that's for the aggrieved party and the police. If you steal services, you have to be prepared to face the consequences.

      If their front door had been left open overnight, and you'd walked in and made a few phone calls, would that have been OK too? What if you'd called your drug dealer?

      --
      deus does not exist but if he does
    100. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      It was decided in favor of Hamidi, because Intel failed to conclusively prove damage.

      WT... So when you said that "USE of others property, regardless of whether it has interfered with the owners use, is actionable," you were wrong? Hamidi used the property of another, right? And yet it was found to not be actionable, right?

      The reason the case failed was that at the lower court level, Intel argued damages based on the content of the emails, instead of the quantity. The court held that had Intel argued at the lower court level that the volume of e-mail was damaging, they probably would have won.

      That doesn't make sense, shouldn't the case be retried, then? Intel never argued that the volume of e-mail wasn't damaging, did they?

      You made the statement that "knowingly using something that doesn't belong to you...is otherwise known as stealing." But that's incorrect. Stealing is when you take something, not when you use something.

    101. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      I happened to pick up an 802.11 signal from the place next door, so I used it.

      I didn't harm anyone.

      That's not for you to decide -- that's for the aggrieved party and the police.

      Umm, it's not for anyone to decide. It's a true fact.

      If you steal services, you have to be prepared to face the consequences.

      Bring it on.

      If their front door had been left open overnight, and you'd walked in and made a few phone calls, would that have been OK too?

      Sure, why not? As long as I don't harm anyone, there's nothing wrong with it.

      What if you'd called your drug dealer?

      I don't have a drug dealer. But no, in and of itself it wouldn't have been wrong. Illegal, certainly, but wrong and illegal are two completely different things.

    102. Re:A major point here seems to be.... by Angry+Black+Man · · Score: 1

      So if I go to your house/car and find that the door is unlocked, I can go in and use your stove to make myself some food, borrow some of your clothes, sit in your car and listen to your radio, etc? Yeah, sure man.

      "But you gave me implicit permission to come into your house- otherwise you would have locked the door."

      --
      the byproduct of years of oppression by the white man
    103. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Unless you are given explicit permission to use someone else's property it is wrong to use it.

      Nonsense. Have you ever used a toilet in a resturant? Did you get explicit permission first?

    104. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0
      Y'know, I've been doing Christmas shopping lately. I want to buy a hub for my sister and her husband so they can both use their cable modem connection at the same time.

      In just about every store I've been in, I have specifically had to say I did NOT want a wireless access point built in. Each time, I said "A wireless access point would just give a way for outsiders to get into the home network", and the clerk stared at me like I was Moses bringing down the ten commandments.

      Given that the electronics stores are pushing these things onto consumers like crack, do you really expect the average Joe/Jane Sixpack to try to figure out all the bells and whistles on this pretty new blinking-light-box they bought?

      You want to blame someone, blame the electronics companies who ship these things in a default unsecured state. It's not the average person's fault that they're stupid.

      On the other hand - worred about the RIAA suing your butt off for your MP3s? Then buy a WAP, and purposely leave it unsecured. "Gee, I'm sorry, I thought I'd set it to use WEP, maybe that power blip we had a few months back did something to it? That must be who downloaded all those MP3s!" It at least gives you a defence (although not a good one).

    105. Re:A major point here seems to be.... by ifwm · · Score: 1

      I knew you were going to get to this. Security has nothing to do with abandonment. Abandonment is a function of possession, and possession has nothing to do with protecting property. While securing land by means of a fence is ONE way to demonstrate ownership, it is not the only one, or even the most common. If I pay taxes on a piece of land that I own, and never see it, never fence it or develop it, and ignore it completely, as long as I pay the taxes, it's mine. And as far as the house/tree thing, you're just being pedantic.

    106. Re:A major point here seems to be.... by IM6100 · · Score: 1

      My car 'advertises it's presence' by being there in plain view, parallel parked on the street.

      That doesn't mean that you have the right to open the unlocked back door and take a nap in the back seat, even if I won't be using the car for a few hours.

      It makes NO DIFFERENCE if I lock the car doors or not. You broke the law when you entered the car without permission.

      --
      A Good Intro to NetBS
    107. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      If you throw your diamond jewelry through my house's windows, I have every right to keep it and sell it at the pawn shop.

      Actually, I highly doubt a judge would agree with you there.

    108. Re:A major point here seems to be.... by _avs_007 · · Score: 1

      DHCP, DNS, and HTTP are all request response systems. To modify your example, if I knock on your door and ASK if I car take a nap it should be ok. Afterall, his computer asked for an IP address, then asked to resolve slashdot, then asked for the web page.

    109. Re:A major point here seems to be.... by wolf- · · Score: 1

      When I wardrive, my systems don't even have TCP/IP installed on them. This to prevent even a hint of impropriety if stopped. I am ONLY looking for the status of your access point(s). And THAT information, you are freely broadcasting.

      The irony of it all...
      The only time I have ever been questioned, was when I was using my PAID FOR BOINGO account at a BOINGO affiliated hotel just off the interstate in Philadelphia. I had LAWFULLY authenticated with MY LEGITIMATE account and was checking my email when a local officer and the hotel security staff walked up to my vehicle. Fortunately, the officer thought the hotel security was a bit daft and actually listened to my explanation. The officer called Boingo, confirmed my story. Boingo called the hotel. Officer threatened to write up the hotel for a false callout.

      But you are correct in thinking that it will only get worse. The way the press writes this stuff up, it would seem that anyone with a laptop is suspicious, if you have too many antenaas on your vehicle, something is amiss. (granted, wrong way on one way street half naked, something is amiss)

      --
      ----- LoboSoft specializes in Digital Language Lab
    110. Re:A major point here seems to be.... by goodviking · · Score: 1

      Saying there was an "implicit permission" just because the hardware was wide open would not be an allowed defense if you were charged.

      I don't think that's the point. INALB, I think that point is that for property, etc... to be considered private, there has to be some effort made on the part of the property owner to secure their property. For example, if you don't have a fence around you're back yard, and the neighbors kids happen to stroll across it, I don't think you can have them arrested for trespassing. Similarly, if you don't lock your doors, leave things out in the open, etc... You have a responsibility to secure your property if you wish to claim that your property rights were violated by "theft".

      And here's my ethical conundrum in terms of wireless networks and your cordless phone example: Suppose person X lives in an apartment building and has a default configured wireless network. His neighbor, with whom he does not discuss this, has identical hardware and the default configuration. When X boots his computer, he connects to "default". Unless he's looking at MACs, he's could be connecting to his neighbors network, with no knowledge of this fact, or intent to commit a crime. If this really is a crime, then half of the owners of wireless networks in high density areas are unintentional criminals.

    111. Re:A major point here seems to be.... by ifwm · · Score: 1

      "Hamidi used the property of another, right? And yet it was found to not be actionable, right?"

      You're mixing up two different cases. That case was Thrifty-tel vs Bezenik, which was not heard by(and to my knowledge, never submitted to) the Supreme Court. So as of this moment, it's law.

      "Intel never argued that the volume of e-mail wasn't damaging, did they?"

      Not sure what you mean by this. They wouldn't argue that the email wasn't damaging, because that would hurt their case. However, what I think you're asking is, why didn't Intel argue the case based on the volume of e-mail, and associate damage to that. Good question. They dropped the ball, and at the lower court level, argued the content. Unfortunately for them, the way appeals courts work prevented them from introducing that argument in this case. Once a case makes it to the Supreme Court, it isn't retried. The court only reviews the lower courts decisions and rules based on case law. Intel could, however, file a new case and try it based on the volume of mail, and associate damage to that. And they would win. Is it worth the millions of dollars and bad PR? Apparently not.

      Lastly, what is "knowingly using something that doesn't belong to you" defined as in your world?

    112. Re:A major point here seems to be.... by sedmonds · · Score: 1

      I'm not obligated to close my front door, and I have a reasonable expectation that law abiding folk won't come in uninvited. Why should a wireless access point be any different?

      There is no legitimate reason to use someone else's internet connection without their permission or knowledge. I'm not entitled to your resources, you're not entitled to mine. These are pretty simple, straightforward concepts which reasonable and courteous people respect and to which these people abide.

    113. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      I knew you were going to get to this.

      Doesn't surprise me since it's a logical followup to my line of reasoning.

      Security has nothing to do with abandonment. Abandonment is a function of possession, and possession has nothing to do with protecting property

      What is possession, then, if it has nothing to do with protecting property?

      While securing land by means of a fence is ONE way to demonstrate ownership, it is not the only one, or even the most common.

      Of course not. I never said it was.

      If I pay taxes on a piece of land that I own, and never see it, never fence it or develop it, and ignore it completely, as long as I pay the taxes, it's mine.

      If you own it, it's yours. You're begging the question.

      And as far as the house/tree thing, you're just being pedantic.

      Only because I'm responding to you being pedantic.

    114. Re:A major point here seems to be.... by Eccles · · Score: 1

      I'm not using anyone's property, I'm broadcasting signals -- just like he is. He has chosen to set up his equipment such that the signals I transmit interact with it. The particular band is open access, and I'm free to transmit.

      Wireless networks have an established protocol for keeping people out. If you don't want people using your network, use that protocol.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    115. Re:A major point here seems to be.... by xcham · · Score: 1

      And just why the hell not? It seems blatantly obvious that you DON'T seem to want your jewelry anymore.

      What's more to the point is that this isn't like taking jewelry, it isn't an exclusive resource. Finite, maybe, in terms of bandwidth, but let's face it guys, through several layers of brick your signal strength isn't going to be great anyways. You aren't going to be hogging too much of your neighbour's bandwidth, and he'll probably be able to stream his anime porn without incident and be none the wiser that you're "sharing".

      --
      When life gives you lemons, you CLONE those lemons, and make SUPER-LEMONS. -- Dr. Cinnamon Scudworth, Ph.D
    116. Re:A major point here seems to be.... by Hanzie · · Score: 2, Interesting

      If the power cord under the fence analogy is going to continue:

      THIEVES TAKE NOTE:
      A friend of mine works for the local power company. It's his job to shut off and restore power to non-bill payers. He has seen cases exactly like this where people with power shut off run an extension cord to the unknowing neighbor's outlet. They then plug it into their own wall (changed it to a male-male).

      Result: Neighbor's power stolen, neighbor gets very high bills.

      How is it found? Power guy reconnects electricity, but they're on a different transformer and the phase is off. Exploding power meter severely burns power guy, while transformers short out. Lawyers ensue.

      HOW DOES THIS RELATE?
      Simple. Sometimes there are unintended, major consequences to misdeeds.

      Another possible consequence is floods of spam originating at your IP and getting RBL'd for life (evidently it's tough to get off once you're on).

      The greatest stressor in life is being responsible for things over which you have no control. Secure those AP's folks.

      --
      ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
    117. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      I'm going to go back and reread Intel v Hamidi, because I'm completely confused now. I'll get back to you, maybe, if I can manage to get unconfused.

      Lastly, what is "knowingly using something that doesn't belong to you" defined as in your world?

      What is it defined as? You're asking for a single word, or short phrase, I assume.

      Knowingly using something that doesn't belong to you... Obviously you mean knowingly using something that belongs to someone else without permission... I don't think one can sum that up in a single word. But it's certainly not stealing. If I need a pen, and there's one lying in front of me, and I use it, would you call that stealing? I highly doubt most people would. If someone has a swimming pool in their backyard, and I use it without permission, would you call that stealing? I doubt most people would. If someone has a mirror in their bathroom, and I use it to check my hair... OK, OK, I'm sure you'll object to that one.

    118. Re:A major point here seems to be.... by nathanh · · Score: 4, Insightful
      If it was billed on per-use and per byte transmitted, then it should not have been public.

      Should. Could. It doesn't matter. It's still illegal to use somebody elses data link without their permission.

      If you leave your front door unlocked - by accident or otherwise - it doesn't grant permission to any passerby to steal your stuff. Yes, you were stupid for leaving your door unlocked. Yes, your insurance might be voided. NO, it doesn't mean you forfeit your property rights.

      Same for the wireless connection. They might be pretty dumb for not securing it. Their ISP probably won't refund their money. But the person who stole the bandwidth is NOT vindicated.

      if you put your 50" plasma TV in your driveway facing outside and turn it on, when neighbors start watching it from across the street, they are not stealing anything - since you've made your signal available to public in such manner.

      TCP/IP is a TWO WAY PROCESS. Not a one-way transmission. The 50" TV emits light; it doesn't receive it. The person using your wireless LAN without permission is sending and receiving data. They are also initiating packet transfers that might involve a cost to you. That's very different from passively watching a television. Your analogy falls very short.

      Now if your neighbour used their infra-red remote to control the 50" TV, and we lived in a universe where certain channels were charged by the minute, and your neighbour decided to change channels to the boxing match, thus racking up a $250 charge to your television bill... then we'd have a workable analogy. And I think you'd find the small-claims court would rule against the greedy neighbour.

    119. Re:A major point here seems to be.... by Lodragandraoidh · · Score: 2, Insightful

      I am not aware of any broadband service that is billed on a per use basis. This is how it generally works:

      For DSL and Cable Modem, you have a maximum upload and download speed that is choked by the access provider to maintain service quality over the whole network. QOS is generally nonexistant for these customers.

      For larger connections (DS1, DS3, ATM and so on) you have a maximum bandwidth per second - however the service provider can increase this as a part of a service level agreement to allow spikes above the ceiling. However, in most cases spikes above the ceiling end up on your next bill. These accounts are generally very big and very expensive (my company is spending more than my whole salary for the year - per month - for connectivity at one of our sites).

      Given that, most small businesses (those most likely to be using WiFi btw) will have a fixed bandwidth - so no additional fees will acrue.

      The real effect for you using bandwidth on another network may be the slowdown of the host network - if that network were running near maximum capacity, or you were doing something - like downloading MP3s - that ate up the available bandwidth.

      The effect of this on a small business would be worth no more than the cost of the time lost during the slowdown - hardly worth 10 years of someone's life. In either case, the odds of this happening are astronomical because most small networks sit idle most of the time, and most big networks have plenty of bandwidth to spare due to traffic shaping that over-engineers for the worse busy hour in the worse traffic time of the year.

      War driving is a drop in the bucket, compared to the bigger problem: Spam.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    120. Re:A major point here seems to be.... by Anonymous Coward · · Score: 1, Insightful

      What's so difficult about the concept that the wireless network is being made publicly available and broadcasted onto your property? The guy is actively broadcasting the signal to you.
      In all of your examples you have to take the initiative and go over to mess with the neighbor's property. If I left my can of gasoline in someone else's garage I'd expect them to use it.

    121. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      WOW. OK... I finally realize what happened here. I was reading the 3rd circuit appeals court ruling. But the California Supreme Court overturned that ruling. Now, some quotes:

      After reviewing the decisions analyzing unauthorized electronic contact with computer systems as potential trespasses to chattels, we conclude that under California law the tort does not encompass, and should not be extended to encompass, an electronic communication that neither damages the recipient computer system nor impairs its functioning.

      This is a ruling on 6/30/2003 by the Supreme Court of California. Unless you can show me a later ruling by the Supreme Court of California, or can somehow argue that the US Constitution overrules this law, then it is undisputably fact. Any other rulings you point to which conflict with this are either 1) not in California, or 2) overruled.

      So Glidden v. Szybiak was upheld. It isn't trespass to chattels unless there is harm caused to the thing you are using.

    122. Re:A major point here seems to be.... by wing03 · · Score: 1

      Canadian sentencing is concurrent. If you get 10 years for stealing an internet signal and 15 years for child porn. You go for 15 years.

      Any Canadian Law students out there that can answer when he would be eligible for parole? I know it's 3/4 of the term served but which 3/4? 2/4 of 10 years or 15 years?

    123. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      So are you saying sitting on a bench in a public park is illegal, or does the bench belong to whoever is sitting on it?

    124. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      It seems blatantly obvious that you DON'T seem to want your jewelry anymore.

      No it doesn't. Maybe you were just pissed off and felt like breaking something.

    125. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      Secure those AP's folks.

      I've secured mine. And it's for two reasons. First of all, I'm too lazy to set up a DMZ between my intranet and the internet. I run windows on my laptop, and I don't want people breaking into my computer. I don't care if they leech internet access, and I don't really care if they sniff my unencrypted traffic, but I don't want to have to worry about every little Windows exploit that comes along. So I set up a firewall to keep the internet out. That would be pointless if I let anyone with an 802.11 card in.

      Secondly, if someone got on my network and started doing illegal things, I could very easily lose my internet access (running an open access point is probably against the ISPs rules anyway), and I could possibly even be sued for negligence. But my main reason is the first one. I just don't trust Windows.

    126. Re:A major point here seems to be.... by dryeo · · Score: 1
      Interestingly enough, if you read the law below, it seems they can lock this guy away for up to 10 years. With Canadian law (of which I'm hardly an expert) does that mean they can add ten years to the sentence he'll get for the child porn, or does he have to serve the sentence at the same time? Be nice if they could add ten years to his prison term...

      It is up to the judges discretion whether to add the ten years or make it concurrent, though it seems it is concurrent most of the time. Its very hard for someone to be sentenced to more then 25 years up here.

      Also it is common practice to bring as many charges as possible then use them in plea bargaining.
      Dave who is not a lawyer

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    127. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      So you never use public parks, because they belong to the government, not you? A lot of parks don't have signs up explicitly stating that anyone can use them, they rely on common sense instead.

    128. Re:A major point here seems to be.... by BlkPanther · · Score: 1
      If your phone line stops working is it ok to start using your neighbors just because your cordless phones happen to be the same model and your receiver will work with his base station? If you even tried doing that you'd be in some serious hot water. I don't see why it should be any different for Internet connections.

      Granted you shouldn't steal your neighbor's phone line, but if you don't protect your wirless network, I really don't think it should be considered theft. It's kinda like leaving a 300 ft Cat5 into your network on your lawn that says 'free internet'.

      I would relate the open AP issue to some laws I've heard of that fine people who leave their cars running in public places, with the doors unlocked.... The reasoning? People who do this contribute to car theft. The same could be applied to leaving your network unsecured. Your causing our police time to be wasted on something that you could have prevented.

      Thus, I think that unless you make an effort to protect your AP, you shouldn't have any rights to limit it's use. If you enable WEP, or something like that, you're making an effort to keep people from using it, and have ground to stand on. Otherwise someone could open up an AP, and cry wolf when someone used it, and get the 'theif' in big trouble.

      --


      I find that most often I end up learning from necessity, rather than for enjoyment.
    129. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Reading a website requires using the server's bandwidth. You are using up a resource that somebody is paying for, without permission, just because it's wide open. A lot of blogs aren't meant to be read by everyone (people hide their real names and don't publicize the address, and wouldn't want their mothers or employers reading) but they're not password protected.

      So, by definition, when John set up the AP to broadcast wide open signals to everyone he is making it as available as a web site. If he doesn't like it, once he identifies the problem he should tell people to stop doing that or learn how to enable encryption.

    130. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0
      And I think you'd find the small-claims court would rule against the greedy neighbour.
      But I don't think it would lock your neighbor up for ten years.

      Strap the word "computer" in front of any crime, and suddenly common sense goes out the window.
    131. Re:A major point here seems to be.... by ConceptJunkie · · Score: 1

      I think a better metaphor is:

      What if you put your 50" plasma screen TV out in the yard? If people come and use it while you are away is it a crime? Probably, but you're an idiot if you don't think it's going to happen.

      The real metaphor, however, is what if you put it in the street? That's analogous to having an unsecured wireless network accessible from outside your home or place of residence. Sure, you don't want people to steal from you, but it's hard to place blame when you are sitting on your front porch handing it out.

      I have a hard time believe that by turning on your machine and using it, that you can be committing a crime, at least assuming you are not wardriving or looking for it on purpose. However, the person who used it from his office can hardly be held responsible. And if they tried, all he has to do is feign ignorance... who can prove that?

      --
      You are in a maze of twisty little passages, all alike.
    132. Re:A major point here seems to be.... by CowboyMeal · · Score: 1

      But when you use your neighbor's AP, you're sending signals back onto the neighbor's property, and then using their router and connection.

      We aren't talking about just sniffing here, we're talking about usage.

      --
      Your credit card information wants to be free.
    133. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Do you have permission to access the ISP's network?

      Sure. My connection just happened to be down.

    134. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Now if your neighbour used their infra-red remote to control the 50" TV, and we lived in a universe where certain channels were charged by the minute, and your neighbour decided to change channels to the boxing match, thus racking up a $250 charge to your television bill... then we'd have a workable analogy.

      Huh? I never racked up a $250 charge on anyone's ISP bill.

    135. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      So because it hinders performance it's not adequate to meet your responsibility? not required to meet your responsibility? If it were accelerated, would it somehow change in the eye of the law?

      Curious that you would define things that way.

    136. Re:A major point here seems to be.... by prshaw · · Score: 1

      Yes I did.

      And no you can NOT go into any business and use the toilet there, unless there is some indication that the toilet is available for public use, or any other restrictions on it they have. I have seen places that did NOT make their toilets available for use, and other that restricted it to use by customers.

    137. Re:A major point here seems to be.... by prshaw · · Score: 1

      And if there is no sign up, or other indication, just how do you know that it is a "Public" park? It has grass and you want to use it?

      I only use parks that are marked as open to the public in some manner.

    138. Re:A major point here seems to be.... by Shakrai · · Score: 1
      Sure. My connection just happened to be down.

      Your connection is down and I just happen to live next door and use the exact same ISP as you (and mine is still working)? The obvious questions would be:

      1)How do you know I use the same ISP that you do.
      2) Why exactly is your connection down if I'm in the same neighborhood and mine still works? Billing problems perhaps? I find it unlikely that a tree will fall on a line going to just your house at the same time as a neighbor (who happens to use the same ISP) has an open WLAN.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    139. Re:A major point here seems to be.... by Shakrai · · Score: 1
      In the case of the electrical outlet I have to go onto my neighbor's property to use it. With wireless, the neighbor is broadcasting onto my property.

      So if my next door neighbor leaves her extension cord plugged into her house and draped over the fence between our property after she is down mowing her lawn she automatically gives me permission to use her electric?

      Likewise, if she leaves her garden hose draped on the fence after watering her lawn I can hook a splitter up to it and water my lawn with it? After all, she gave me "permission" by not locking it down....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    140. Re:A major point here seems to be.... by LnxAddct · · Score: 1

      At my shore house I don't have an internet connection. I started taking my laptop down so I could work on things while out of the city. The first night I turned it on and it picked up a signal and before I knew it AIM signed me on without me doing anything (yes at the time I had just gotten my laptop and it still had that other OS on it). At first I didn't know if it was a neighbor or a county type thing, because I had heard of some counties doing that. My IP address was something like 192.168.2.131 so I assumed considering that the last byte was so high that many people were using it (is that a correct assumption?). Thats why I wasnt sure about its source. Anyway... I have no idea who to contact and ask ,and since no matter what OS I use it still gets picked up, I've just been using it. I havent felt like I was doing anything illegal, but I guess now I'll have to go check that.

    141. Re:A major point here seems to be.... by Shakrai · · Score: 1
      Similarily, the signal from an access point overlaps

      Just because the signal overlaps doesn't mean you have the right to monitor and/or use it. The (non-encrypted) signal from my neighbors cordless phone comes onto my property. Does that I mean I can tape her conversations and post them on the Internet? What if she orders something from LL Bean with her credit card? Does that mean she gave me permission to use it? After all she could have encrypted it or used a landline phone. Try telling the judge that she gave you implied permission to do any of these things after you are arrested for credit card and/or wiretapping fraud.

      The bottom line here is we can debate the morality of doing this back and forth until we are all blue in the face. I happen to think it's wrong and immoral to use something that I don't own (be it a lawn mower, a car, or an Internet connection) without permission. You can disagree with me on that all you want. You can't disagree with the fact that in virtually all states of the US (and probably Federal law too), plus Canada (as the original article points out) using your neighbors Wi-Fi connection (locked down or not) is a crime. Violate these laws at your own risk. In the (however unlikely) event that you get caught you have nobody to blame but yourself and I have zero pity for you.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    142. Re:A major point here seems to be.... by thynk · · Score: 1

      It's still illegal to use somebody elses data link without their permission.

      Since my neighbor broadcasts his SSID and doesn't use WEP, can I assume that I have his permission to use it? Not only is the door to his network unlocked, it's got a big flashing sign for any 802.11b card to read that says - "Come On In! surf some pr0n on my connection!".

      would it be hard to prosocute someone for breaking and entering if you have a big sign in your yard that says "Free Stuff Inside - help yourself"?

      --

      Good judgment comes from experience, and a lot of that comes from bad judgment.
    143. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Prison?

      Yea, child pr0n is not cool, so there might be something to that. There might also be something to driving around not watching the road. This endangers people, and child pr0n is a symptom of weird old men who molest children. So, I can see removal from society for that (this is what jail is supposed to be for). But not for using someone's internet..heh...

    144. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      This is more like the following. Suppose you were moving. You move all of the furnature out to the curb, load it onto a truck and drive it over to your new place. One chair didn't fit in the truck so you left it sitting in the curb. Being late you decide to pick it up tomorrow after work. However tomorrow after work you find that someone else has picked it up.

      You obviously didn't intend to give it away, but did exactly what someone who intended to give it away would do. And since people do give stuff away like that, it isn't unreasonable for someone to think it was intentional.

    145. Re:A major point here seems to be.... by Dun+Malg · · Score: 1
      Unless you consider broadcasting such an open invitation to everyone as an offer to use that service, then no, you don't have any rights to use someone else's property. But there's another side to this too, that there are a lot of places where such signal is made available, by local businesses, people in the neighborhood, etc., for that specific purpose of sharing connection. In that case, and quite often when there's no visible posted sign, does such signal constitute an offer for that service?

      I think the best analogy is that of a person who installs a drinking fountain on his property next to the sidewalk. Sure, the water has to be paid for, and sure, it's clearly on his property, but the fact that it's not locked up and that it's accessable from the sidewalk is a equivalent to permission. If someone with such a drinking fountain called the cops to have joggers arrested for using their water, I suspect they'd get no response (other than laughter, maybe). Internet access costs less than water, plus it's easier to secure. I'd say an open WiFi signal should be considered de facto permission for public use!

      --
      If a job's not worth doing, it's not worth doing right.
    146. Re:A major point here seems to be.... by beaverfever · · Score: 1

      My reason wasn't because I could. My reason was that I wanted internet accessing.

      So you are impatient, greedy and want things that belong to someone else - let's face facts.

      The law shouldn't allow me to go to jail at all for what I did. Certainly not for 10 years.

      It's a maximum of ten years. For your crimes you'd probably get a much less severe sentence. Ten years would be applied in a worst-case scenario.

      I'm sorry, I just don't follow that rule. If I can use something that "belongs" to someone else, and they aren't going to be harmed by my use of it, then I'm going to. If you need a pen, and you see one lying in front of you, do you go around looking for the owner of the pen, or do you just use it?

      There are practical aspects like the pen being insignificant, but if you look at it by the letter of the law then you would still technically be wrong using the pen. I can see how you would want to use an analogy like this because a pen is so insignifcant and it helps trivialize the arguments against you, but a home internet connection isn't as insignificant as a pen. It's not a million dollar issue either (on an individual basis at least, but on a grand scale perhaps it is), but it's still different from using a pen. There is also the issue of setting precedent. If one person can use a neighbour's connection to check email, then why not another for gaming, then why not another for downloading things they shouldn't be?

      Unfortunately many people, it seems you are included, have this idea that if something can be taken electronically and "doesn't hurt anybody" then it's not a crime. Hence the ideas that downloading music without paying for it is perfectly acceptable, having an illicit cable tv connection is okay or using someone else's wifi network is alright. Many people's justification for this stance is nothing more than the idea that if something is available it can be taken. The onus is on you not be immoral; security is simply compensation for people who cannot control their urges and greed.

      I guess I'm insane. You can borrow my lawn mower any time you want.

      Here you are giving permission, but the point was that " I can take your lawn mower and mow my lawn without your permission". Perhaps you cannot address this point because your arguements hold no water. If I am wrong, then please have another try. Unfortunately you seem to be in a deep state of denial and so arguing with you is almost pointless.

    147. Re:A major point here seems to be.... by zCyl · · Score: 1

      it would seem that there is a major point that he has been charged with "Theft of Communications".

      Perhaps someone forgot to write a law making it illegal to drive the wrong way down a one-way street with no pants on.

    148. Re:A major point here seems to be.... by CAIMLAS · · Score: 1

      Exactly. This is absolutely no different than a BBS leaving a password-free dial-in number in a phone booth, or possibly posted on a billboard outside their building. Or maybe even connecting to a person itself: that is, from a BBS dialing up some shmoe who has an open line and connecting for him.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    149. Re:A major point here seems to be.... by Shakrai · · Score: 1
      But I don't think it would lock your neighbor up for ten years.

      Actually in the above scenario (far-fetched as though it might be) your neighbor would likely be charged with Theft of Services (or the local equiv). In my state (follow the link and look for 165.15) it can range from a violation (traffic ticket for all intents and purposes) to a Class E felony (up to four years in prison) depending on the worth of the goods stolen and if you have previously been convicted of theft of services or not. To quote the penalty portion:

      Theft of services is a class A misdemeanor, provided, however, that theft of cable television service as defined by the provisions of paragraphs (a), (c) and (d) of subdivision four of this section, and having a value not in excess of one hundred dollars by a person who has not been previously convicted of theft of services under subdivision four of this section is a violation, that theft of services under subdivision nine of this section by a person who has not been previously convicted of theft of services under subdivision nine of this section is a violation and provided further, however, that theft of services of any telephone service under paragraph (a) or (b) of subdivision five of this section having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony.

      Add to the theft of services a few computer related charges -- at the very least "Unauthorized use of a computer" (section 156.05 - Class A misdemeanor), but quite possibility computer trespassing (section 156.10 - Class E felony) -- depending on how much the DA wanted to make an example out of you. In the scenario that started this debate (the Canadian with the kiddie porn), in the state of New York, he would have been charged with both of these crimes (to go along with everything else). To quote the two that I've pointed out:

      S 156.05 Unauthorized use of a computer.
      A person is guilty of unauthorized use of a computer when he knowingly uses or causes to be used a computer or computer service without authorization and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system.
      Unauthorized use of a computer is a class A misdemeanor.

      S 156.10 Computer trespass.
      A person is guilty of computer trespass when he knowingly uses or causes to be used a computer or computer service without authorization and:
      1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or
      2. he thereby knowingly gains access to computer material.
      Computer trespass is a class E felony.

      Interestinly enough the chapter also states defenses to these crimes:

      S 156.50 Offenses involving computers; defenses.
      In any prosecution:
      1. under section 156.05 or 156.10 of this article, it shall be a defense that the defendant had reasonable grounds to believe that he had authorization to use the computer;

      So, to defend yourself against these charges you'd have to convince a judge or jury that you had reasonable grounds to believe you had permission to use the Wi-Fi resource in question. Saying "my neighbor didn't bother to secure it" isn't going to wash. The DA will promptly toss a "unlocked house" analogy at you, you won't have an answer for it (try explaining to him the difference between going into the house and using signal that is on your property), and you just lost the case.

      I doubt they'd send you upriver for the maximum allowed sentance and they'd probably try to plea bargain it out of the courtroom altogether, but if you think they'd just let you get away with it "Because it wasn't secured" your sadly mistaken.

      Strap the word "co

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    150. Re:A major point here seems to be.... by whorfin · · Score: 1

      Ah, but his AP is on his property. You are free to use the signals that get to your property any way you see fit. However, you are not free to direct the computer equipment in his house to do what you want.

      Sending signals to his AP requesting an IP address and for your packets to be routed through his ISP connection is not simply using what is on your property.

      By the same token, you can recieve his cell phone signals, his car emits fumes on your property, his chimney vents over your house, and you can probably hear his wife screaming in ecstacy late at night when they leave the windows open.

      I hardly believe that any of these things give you a 'right to use' any of these things for your own pleasure. In fact, you'd be in jail if you tried to avail yourself to them without explicit permission. (though in the last case, from her, not him)

      --
      Laugh while you can, monkey-boy!
    151. Re:A major point here seems to be.... by CAIMLAS · · Score: 1

      ...taking a resource (bandwidth) that somebody is paying for...

      I don't know about you, but I have never personally paid for bandwidth. I don't know of anyone that has in their home. There are still a fairly small percentage of people that do, too. So in the broader spectrum, it's fairly unlikely that anyone would be stealing anything anyone paid for, since they're not losing anything.

      Only conditinoal I can see on that is the cable/dsl co complaining. But since the cable/dsl subscribe is the one with the contract, they'd probably be the one considered liable. or at least, they should be.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    152. Re:A major point here seems to be.... by TrajanAugustus · · Score: 1

      You are close to the classic rape defense. "Well, she was dressed like a slut with that tight dress, high-heels, and makeup. She was obviously asking for it."

    153. Re:A major point here seems to be.... by Shakrai · · Score: 1
      Why? There's no other evidence. There's plenty of reasonable doubt. I could be lying.

      Reasonable doubt doesn't mean anything if you admit to a crime. If your neighbor turns up dead and you are overheard in a bar saying "I killed that bitch", fully expect to be charged with her murder. Whether or not you are convicted is another matter (you probably would be) but rest assured you will be charged if enough people come forward and testify that you actually said that.

      I'm sorry, I just don't follow that rule. If I can use something that "belongs" to someone else, and they aren't going to be harmed by my use of it, then I'm going to. If you need a pen, and you see one lying in front of you, do you go around looking for the owner of the pen, or do you just use it?

      Hahaha, fights have been started over less. I dare you to come work for my company and start randomly using pens that don't belong to you ;) In any case I doubt a judge, jury, or DA would consider a pen sitting on a desk somewhere to be the equivalent of an Internet connection.

      I guess I'm insane. You can borrow my lawn mower any time you want.

      Ah, but you just gave me permission to use it. So none of the other arguments mean anything. My whole point all along has been that using something that doesn't belong to you without permission is wrong and in most jurisdictions will be considered a crime.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    154. Re:A major point here seems to be.... by geekoid · · Score: 1

      "How "wide open" does a network have to be to meet your standard of "implicit permission"?"

      very simple.
      Make the users use a non anonymous login and password.

      In most states, if you own land, but make no effort to lock it, and people use it to go someplace, you will lose the right to prevent people from crossing that section of land.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    155. Re:A major point here seems to be.... by Shakrai · · Score: 1
      If someone has a swimming pool in their backyard, and I use it without permission, would you call that stealing

      No, but I would call it trespassing. Next you'll say that because I didn't have an 10,000 volt electric fence with an alligator filled moat behind it surrounding my property I gave you "implicit permission" to use my swimming pool?

      (Sorry, this topic has been going on too long -- I've become overly cynical -- this is my last comment for the night ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    156. Re:A major point here seems to be.... by geekoid · · Score: 1

      Carefull. IF you were going to try someone for a questionable law, who would you try first? a pedophile, or johnyupstanding?

      Dont let the crime distract you from an issue they could be very critical to the public right to use airwaves.

      I hope the dirtbag gets tied to a bumoper and driven around town for a while.
      Of course, If bt pedophile, they mean he was looking at someone 17 years 363 days old, perhaps that might be a little extreme.

      In any case, I wish they would cut his package off as part of his sentence.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    157. Re:A major point here seems to be.... by geekoid · · Score: 1

      But how is someone supposed to tell the difference between someone who is giving away an access point, and someone who just has it wide open?

      The house analogy is both old and incorrect when dealing with this issue.

      There is a device that is broadcasting, and asks for people to connect to it. If you connect to the network, whats one of the first things it says to your computer?
      your computer: "Anybody there"
      wifi: "I'm here, do you want to connect"
      your computer: "ok"

      so the system ASKED your system to connect.
      Now if you add the step:
      "great, all you have to do is enter a correct login."

      if you must use a house anology:

      your neighbor shouts:"Anybody home!" from his front lawn

      you say:"Hey I'm home, you want to come over?"
      Neighbor:"Sure"
      You would be hard pressed to say he was tresspassing.
      for security
      you say;"you need to bring ove a case of beer"
      at which point your neighbor decides to log-off

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    158. Re:A major point here seems to be.... by geekoid · · Score: 1

      but what if you walked up and said "you want to have sex?"

      on computer says "i'm here" another computer REQUESTS a connection.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    159. Re:A major point here seems to be.... by DarkVader · · Score: 1

      But it IS indicating that it's available for public use. With an unprotected access point, the client IS asking permission. It requests and is granted access to the network, it requests and receives an IP address, it can then request and receive internet content.

      By your logic, it would be illegal to access an unprotected web page without obtaining permission by some other means first. As that's patently absurd, I don't see how your logic applies here either.

      Oh, and it's generally illegal to leave your keys in an unlocked car - it's creating a public nuisance. What if a child opened your car and drove it into something?

      That notwithstanding, if you put a sign on the car that indicated it was available for public use (as an unprotected access point IS DOING) it would not be a criminal act to take the car. (Why you'd want to do that with your car is beyond me, but I can't see that any court would find someone guilty of auto theft in that circumstance...)

      And the house example certainly doesn't apply here - If you've got a key that opens the house without my permission, it would be like using a sniffer to grab the WEP key. And I never said that should be legal.

    160. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      You're an idiot. According to your logic I should be arrested because for walking into a store when the store owner went home and left the "Open" sign up and didn't lock the door.

    161. Re:A major point here seems to be.... by CAIMLAS · · Score: 1

      If I were broadcasting something on (say) AM radio, and someone with a radio were to *gasp* hear me, would they be charged with communication theft? Last I checked, radio was still considered a form of communication.

      When someone leaves a network wide open, they are advertising it as available (if there are no preventative methods). WIndows will automatically detect that connection and make it for you, as well. Should MS be held liable?

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    162. Re:A major point here seems to be.... by boots@work · · Score: 1

      It at least gives you a defence (although not a good one).

      It raises reasonable doubt that you downloaded the files.

      Of course if they get to search your PC, and then find them there...

    163. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      Why doesn't someone actually research the FCC regulation? Conjecture is just dick wagging.

    164. Re:A major point here seems to be.... by jjhlk · · Score: 1

      I realize that the wifi signal pervades property around it, but that only complicates the matter somewhat. Given that these people don't seem to be protecting access, it *could* be comparable to TV/radio signals. But these people have bandwidth and usage limits, which you would be using, still probably without their knowledge (all these networks are put up by default without passwords, so there will be many more that are meant to be private than public). So I would default to saying, "Nope, you can't use it."

      I wouldn't have an opinion either way if bandwidth and usage weren't an issue.

    165. Re:A major point here seems to be.... by glitch23 · · Score: 1

      And that's a bad thing? Sorry, but if you break into my wireless network (even if you are just "mapping" how many open networks there are), you've just committed a crime.

      If your network is unencrypted no "breaking in" is necessary and for some situations it might end up being an accident. If someone is driving down through the streets of NYC and they are using the free WAPs in town but happen to come across yours at the same time and they decide to pull over and park because they found a nice website but they don't realize they are on your network does that person deserve to get 10 years in prison?

      --
      this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
    166. Re:A major point here seems to be.... by zurab · · Score: 1
      Should. Could. It doesn't matter. It's still illegal to use somebody elses data link without their permission.


      Well, my point was - does broadcasting an open wireless network constitute an offer to use that for internet access? As I said, you can list numerous cases when that's exactly the case, such as in airports, and various commercial or residential neighborhoods.

      If you leave your front door unlocked - by accident or otherwise - it doesn't grant permission to any passerby to steal your stuff. Yes, you were stupid for leaving your door unlocked. Yes, your insurance might be voided. NO, it doesn't mean you forfeit your property rights.

      Same for the wireless connection. They might be pretty dumb for not securing it. Their ISP probably won't refund their money. But the person who stole the bandwidth is NOT vindicated.


      I don't quite see this analogy, however. I think a closer analogy would be, if you posted a sign saying "house for sale - open house - come in anytime", and then sued everyone for trespassing when they entered your yard and knocked on your door, would that be right?

      TCP/IP is a TWO WAY PROCESS. Not a one-way transmission. The 50" TV emits light; it doesn't receive it. The person using your wireless LAN without permission is sending and receiving data. They are also initiating packet transfers that might involve a cost to you. That's very different from passively watching a television. Your analogy falls very short.

      Now if your neighbour used their infra-red remote to control the 50" TV, and we lived in a universe where certain channels were charged by the minute, and your neighbour decided to change channels to the boxing match, thus racking up a $250 charge to your television bill... then we'd have a workable analogy. And I think you'd find the small-claims court would rule against the greedy neighbour.


      You have a point in terms of the costs. But what I am saying is that if you are billed per minute/byte to use your Internet connection, you shouldn't be broadcasting an open invitation publically for everyone to use that service. There is a point there that people may be inadvertently broadcasting the signal, i.e. without their knowledge. That's a viable reasoning, but my belief is everyone should be responsible to what they broadcast from their property too - it's a 2-way street - make sure you don't broadcast an "open offer" to me, and I will make sure I won't "break into" your property; kind of like the "open house" sign.

      Otherwise, it's a TWO WAY, but a reasonable process - owner broadcasts availability of the service to any member of public passing by; and, people passing by take advantage of that service. Again, all the above points taken into account.
    167. Re:A major point here seems to be.... by zurab · · Score: 1

      Yeah, well you are making a good point there. My question to that reasoning is - how much responsibility does one have for broadcasting a signal from their property? Do they have 33% responsibility shared with hardware and software providers? 50%? I say, unless they have been "cracked" and intentionally compromized, they have 100% responsibility of what they broadcast. They are responsible to set up and operate the hardware and software, again, to their control, responsibly.

      Compare this to P2P networks - some may claim that they installed Kazaa to download stuff but never knew they were sharing. Someone downloads an ISO off of that person's PC - who's responsible for bandwidth charge to the sharer for that download? I would say it's the person who shared, not the person who downloaded, because the "sharer" installed and advertized shared files to other connected individuals. What would you say?

    168. Re:A major point here seems to be.... by Maestro4k · · Score: 1
      • TCP/IP is a TWO WAY PROCESS. Not a one-way transmission. The 50" TV emits light; it doesn't receive it. The person using your wireless LAN without permission is sending and receiving data. They are also initiating packet transfers that might involve a cost to you. That's very different from passively watching a television. Your analogy falls very short.
      What about UDP, or just simple packet sniffing? If they're receiving a UDP broadcast of some kind that they didn't send a packet to initiate then is it stealing? Most would probably say not a stealing of bandwidth, because the signal was already being sent. This would be akin to the neighbors watching your TV from across the street that the poster you replied to talked about.

      Most would feel differently about packet sniffing I suspect, but in a way it's not different. They aren't initiating any bandwidth use, just watching what's flying by. Of course they may catch your hot -n- steamy IRC chat with some guy pretending to be a super model while they're at it. People have listened in on cordless phones for years. I remember a friend in high school who loved using his shortwave radio to pick them up. Last I checked that wasn't a crime, even though most people find the idea very distasteful, and few would like their conversations monitored.

    169. Re:A major point here seems to be.... by bigbadwlf · · Score: 1

      And what if he pays for his Internet connection on a per-byte basis? Highly unlikely, but not impossible.

      Depends on what part of the world you're in. I understand that in Australia it's nearly impossible to get a high speed connection that isn't capped. (or at least in Melbourne where a friend of mine lives)

    170. Re:A major point here seems to be.... by srleffler · · Score: 1
      Interestingly enough, if you read the law below, it seems they can lock this guy away for up to 10 years. With Canadian law (of which I'm hardly an expert) does that mean they can add ten years to the sentence he'll get for the child porn, or does he have to serve the sentence at the same time?

      I believe under Canadian law it's up to the judge. The sentences can be either "concurrent" or "consecutive". Concurrent sentences are more typical though.

      (IANAL. IAAC.)

    171. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      --Did you call the water company and explain the situation when the bill came? You might be able to take the neighbors to court for theft of service w/o permission or something.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    172. Re:A major point here seems to be.... by nathanh · · Score: 1
      I think a better metaphor is:

      I think you don't know the meaning of the word "metaphor".

      What if you put your 50" plasma screen TV out in the yard? If people come and use it while you are away is it a crime?

      Yes. They don't have permission to use your stuff just because you didn't secure it properly.

      Or do you pubescents think you can loot a house when it's left unlocked. Don't be foolish.

    173. Re:A major point here seems to be.... by nathanh · · Score: 1
      Since my neighbor broadcasts his SSID and doesn't use WEP, can I assume that I have his permission to use it?

      No, you can assume no such thing.

      Not only is the door to his network unlocked, it's got a big flashing sign for any 802.11b card to read that says - "Come On In! surf some pr0n on my connection!".

      Except it says no such thing. There's no "free pr0n here" flag in the 802.11 specs.

    174. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      > I'd say an open WiFi signal should be considered de facto permission for public use!

      --People like you are the reason I would never consider using wireless. I suppose if I left my car door unlocked you would reach in and "borrow" my portable MP3 player as well, by hooking up your own headphones and draining my battery.

      --Wireless isn't All That, either. Standards are up in the air, my 100Mbit Ethernet Cat5E is faster anyhow, and I already have enough problems with people trying to hack my (dynamic) DSL IP.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    175. Re:A major point here seems to be.... by ConceptJunkie · · Score: 1

      Did you even read my post?

      --
      You are in a maze of twisty little passages, all alike.
    176. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      --You know, my response would be a little different:

      Him: "Thanks."

      Me: "Uh, no problem. Just make sure you *ask* next time, OK? I'd hate to mistake you for a burglar and shoot your ass um, accidentally like."

      --There's a reason for fences - it works well for the people on *both* sides. There's a reason it's called YOUR property. Not to mention the awkward situation that would ensue if "something happened" to the lawnmower (or God forbid, some hapless passerby gets a rock flung in their eye from the blades) while he was using it WITHOUT your knowledge.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    177. Re:A major point here seems to be.... by nathanh · · Score: 1
      Well, my point was - does broadcasting an open wireless network constitute an offer to use that for internet access?

      No.

      As I said, you can list numerous cases when that's exactly the case, such as in airports, and various commercial or residential neighborhoods.

      The airport explicitly states that a wireless connection is available for the use of waiting passengers. Your neighbour made no such explicit statement that anybody can use his link.

      I don't quite see this analogy, however. I think a closer analogy would be, if you posted a sign saying "house for sale - open house - come in anytime", and then sued everyone for trespassing when they entered your yard and knocked on your door, would that be right?

      I think your analogy sucks. The naive wireless user hasn't put up a sign. He has left his access point insecured. That's more like leaving your door wide open in clear view of the street. That still doesn't constitute an invitation to enter the house, and it certainly doesn't say "come on in and help yourself to the good silver".

      But what I am saying is that if you are billed per minute/byte to use your Internet connection, you shouldn't be broadcasting an open invitation publically for everyone to use that service.

      And my point is that his mistake does not forfeit his rights. You can't use his link simply because he doesn't know enough to secure his access point.

      Otherwise, it's a TWO WAY, but a reasonable process - owner broadcasts availability of the service to any member of public passing by

      The owner broadcasts an open access point. You further use that service to access his Internet link. Your analogy falls flat; you have not just helped yourself to his access point, you have also helped yourself to his Internet link.

    178. Re:A major point here seems to be.... by nathanh · · Score: 1

      Yes.

    179. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      --People like you are the reason analogies should not be used on Slashdot - your replies never make sense when you want to make your point. You are making the assumption that the 'user' has to enter your property to commit the act. They do not. Look at the analogy you answered... they made the water available where the person using 'it' was not breaking the boundry of the 'owners' property. Your answer automatically makes the person entering your car to use your battery... how absurd of a reply can that be? Of COURSE that would be illegal.

      How about this:

      I have my sprinklers watering my lawn. They are powerful and push the stream of water over the grass and completely cover the sidewalk with a thick shower of cool water. A passerby - walkng down the sidewalk - collects some of the water, which is falling in the area of the sidewalk,
      using a bucket. They are not on your property - they are on public property. My water is being thrown (aka broadcast) into the publish space. Is he stealing that water?

      By changing that analogy over to the open wifi router - it gets even simpler - because the user then (in most cases for open access points I have seen) has to ASK for permission (and it is granted - except if it is secured) for access to the Internet by requesting an IP address from the router (aka DHCP). If the system was secured it would not allow an IP address to be provided (actually if it were secured you would never get the chance). You request access to an IP address and then are provided access. No stealing involved. Ignorance is not an answer on the side of the person offering the open access. "I did not know I was offering it" would not hold up as their users guide explains how to secure the router.

      The first case that gets to court where there are no other circumstances (i.e. child porn, breaking into corporate systems , etc) - just Internet use through an unsecured/open broadbast will be very interesting.

    180. Re:A major point here seems to be.... by IM6100 · · Score: 1

      Not locking the doors on my car is the equivalent of leaving an 'Open For Business' sign in the window of a shop?

      I don't think I am the idiot here.

      --
      A Good Intro to NetBS
    181. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      > Unless you are given explicit permission to use someone else's property it is wrong to use it. Doesn't matter if someone left the keys in their running car, it is still illegal to steal it.

      --You are 100% correct. The number of people on this forum trying to argue that point is pretty clear evidence of the general moral and ethical decline in America's youth.

      --Y'know, the Bible covers all of this. There's a reason why our court system is based on Judeo-Christian laws. Maybe more people should clue themselves in on what God has to say about this stuff. (Yes, I'm opening myself up to trolling and flaming, but it still had to be said.) My point being, is that if there were no *basis* for the laws in the 1st place, everybody would be stealing each other blind and it would be total anarchy. And if no-one had told us the laws in the 1st place, we wouldn't know it was wrong behavior.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    182. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0

      >>If their front door had been left open overnight, and you'd walked in and made a few phone calls, would that have been OK too?

      >Sure, why not? As long as I don't harm anyone, there's nothing wrong with it.

      Dude, that's just fucking scary. I hope you're kidding. If you're not, then don't -ever- show up at my house because I will attack you on sight. And then I will post the story of how you ended up in the hospital - and then jail - on slashdot.

    183. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      --Anyone that has Internet access (unless you're using free Juno or the like) is paying their ISP a monthly fee. If they have broadband access, they're likely paying upwards of $30-60 a month for the privilege. Now along comes Jack who sees this access point open for whatever reason, and decides to "drink the water" from this fat pipe - for $amount-of-time. Guess what? He just ripped off the person that has to PAY for that connection by both using it w/o permission AND not notifying the owner that his "gate was open."

      --Geez, it used to be common courtesy to your neighbor - now it's "Hey it was there and nobody got harmed" selfish chowderheads who take advantage of the other guy's work and think he's supposed to like it.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    184. Re:A major point here seems to be.... by JohnnyCannuk · · Score: 1

      All your points are valid, I suppose. How do you tell the difference? NoCatAuth or NoCatSplash. If you don't get the spalsh screen or the login explicitly granting you access, even with conditions, then the Criminal Code of Canada says you are violating sec 342 and committing theft.

      I guess a better analogy would be the house one above where the person that committed the b&e uses your phone to call his dealer (or his wife or his office). Despite a flat rate, he has stolen YOUR telephone service. Now, you (if you even find out about it) might not charge him with theft if he calls his wife or boss, but you sure will if he is calling his dealer....

      Whether you agree with it or not, that is the law in Canada. IANAL but I do have an Honours degree in Criminology so I'm quite certain of this.

      I lock down my WiFi because I don't want any Tom, Dick or Harry using it. But if even if I don't, I pay for the connection and if you use it without my permission, or the permission of my service provider, you are commiting theft.

      --
      Never by hatred has hatred been appeased, only by kindness - the Buddha
    185. Re:A major point here seems to be.... by rjelks · · Score: 1

      A lot of "wardrivers" really do just map networks. Stealing services and browsing insecure networks is not the only reason to wardrive. When someone detects an AP, it can be done in a passive way. Your AP could be broadcasting a beacon over public airwaves. I don't condone any unauthorized access or "bandwidth stealing", but many people set up public AP's in their homes for others to use. You can use a laptop with Windows XP, a wireless card and default settings and accidently get on an unsecured AP. Windows automatically tries to connect to the strongest network. Running without security is like leaving the keys on the dashboard of an unlocked car.

    186. Re:A major point here seems to be.... by thynk · · Score: 1

      Except it says no such thing. There's no "free pr0n here" flag in the 802.11 specs.

      Maybe not on *your* WAP... ;-)

      --

      Good judgment comes from experience, and a lot of that comes from bad judgment.
    187. Re:A major point here seems to be.... by DeSigna · · Score: 1

      I'm sorry, I just don't follow that rule. If I can use something that "belongs" to someone else, and they aren't going to be harmed by my use of it, then I'm going to. If you need a pen, and you see one lying in front of you, do you go around looking for the owner of the pen, or do you just use it?

      You do not set the rules for other people's property. You can subscribe to this idea all you like, but if others do not, then you have no right to use their property in such a manner.

      And, the only case I would use a pen "just lying there" would be in the situation where I was pretty sure it belonged there (eg: a library with a little bucket of pens, or pens chained to the desk in a bank, so on), and I would make sure I put it back. In such cases, the pen was placed there for the purpose of being used by the public. Unintentionally leaving a wifi node open is not anywhere near the same thing.

    188. Re:A major point here seems to be.... by JohnnyCannuk · · Score: 1

      No, they wouldn't be charged with it if you specifically broadcasting to anyone and the simply recieved it. But if you started bradcasting to AM 540 in reply to the 12:00 newscast (as you MUST do to log into a WiFi access point), you can bet the CRTC (here in Canada) or the FCC or the radio station it self would consider what you are doing illegal.

      342 was originally intended to prevent people from listening in to Cell Phone and radio exchanges. So even if you just listened to the exchange between two people, you are breaking the law.

      No amount of sophistry will change the fact that using my internet connection without my permission or the permission of my service provider is theft.

      If this buddy had snuck into your house and ran 20 M of Cat5 out the window to his laptop and used your internet connection, would he be guilty of stealing communication? Yep.

      Also, remember, that in order for you to be guilty of a crime you must not only commit the act but you must have intention (mens rhea or guilty mind). So when windows logs you in by mistake without your knowledge, you have not commited a crime. But is you are driving around with a laptop in your car, seeking SSIDs and open access points to surf the net on, I'd say you certain had intent and therefore did commit a crime.

      --
      Never by hatred has hatred been appeased, only by kindness - the Buddha
    189. Re:A major point here seems to be.... by Hatta · · Score: 1

      However there are cases where if you fail to protect your property you do lose rights to it. e.g. squatters rights. If I live on your property for a certain amount of time and you fail to kick me off, you will lose the right to do so.

      It's not a good analogy, but neither is "leaving your front door unlocked" Perhaps a better one would be, if you had a swimming pool in your front yard, and failed to erect a fence around it, would you be surprised if you found the neighbor kids swimming in it? Of course not. As a matter of fact, if you fail to put a fence around your swimming pool and a neighbor kid drowns in it you can be liable for your negligence in leaving this "attractive nuisance" open to the public.

      Now I'm not saying the owner of the wifi network in this instance should go to jail for child porn. But what I am saying is that there's precedent to the effect that if you don't take reasonable precautions to keep people out you stop having a right to expect that they will.

      --
      Give me Classic Slashdot or give me death!
    190. Re:A major point here seems to be.... by balloonhead · · Score: 1
      My computer has a (short-range due to much cheapness) WiFi connection, without a password. I don't give a monkey's if someone uses it, but as yet I don't think anyone has. If any of my neighbours have WiFi devices, they are free to hop on. Is this stupid? Probably.

      However, if anyone does use it, then how do they know which house the signal is from (to ask permission), and who decides the legality? If I change my mind one day and think, no-one can use my AP now, how do they know?

      Bottom line is, if they break the law then prosecute them. If they just access the network, I don't see how that harms anyone. It's my problem if I don't take even basic precautions, all I have to do is set a password and then they are breaking the law, even if my password is 'password'. I think the issue here is child porn, not wardriving. I presume they're just throwing everything at him so that something sticks.

      --
      This idea was invented by Shampoo.
    191. Re:A major point here seems to be.... by Hatta · · Score: 1

      EXACTLY, and a fence makes a world of difference. Even a small fence that provides no security at least makes the intentions of the property owner clear. If the owner of the AP can't even be arsed to "erect a fence" around his network, can he really be surprised if someone uses it?

      --
      Give me Classic Slashdot or give me death!
    192. Re:A major point here seems to be.... by Hatta · · Score: 1

      s/unintentionally/negligently/g

      --
      Give me Classic Slashdot or give me death!
    193. Re:A major point here seems to be.... by Hatta · · Score: 1

      If you run an anonymous FTP server with no motd explicitly allowing access are the people who connect to it stealing your resources? Clearly not, if you wanted it to be private you'd have given it a password. That's what passwords are for. And an unsecured AP is even LESS private, because it broadcasts its availability.

      --
      Give me Classic Slashdot or give me death!
    194. Re:A major point here seems to be.... by Hatta · · Score: 1

      Your pretty dense. Its a public spectrum, if your equipment responds to my requests, it's your fault, not mine.

      --
      Give me Classic Slashdot or give me death!
    195. Re:A major point here seems to be.... by Hatta · · Score: 1

      There is permission to transmit. It's public spectrum.

      --
      Give me Classic Slashdot or give me death!
    196. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      --Part of the problem is shit-poor planning on the wireless manufacturer's part. They **never** should have left things open by default, with no security. And believe me, there are many (many!) people out there that just bought the hardware and really have no idea how it works or how to secure it. It "just works" and they don't worry (or know) about it until somebody comes along and mentions the problem.

      --The guy that comes up with "WiFi shields" a la Star Trek is gonna make a million.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    197. Re:A major point here seems to be.... by AC5398 · · Score: 1

      *** Interestingly enough, if you read the law below, it seems they can lock this guy away for up to 10 years. With Canadian law (of which I'm hardly an expert) does that mean they can add ten years to the sentence he'll get for the child porn, or does he have to serve the sentence at the same time? Be nice if they could add ten years to his prison term... ***

      No, no, these are Canadian judges who'll impose the sentence. That conviction prevert will get for owning child pornography (we've had judges toss out these convictions based on their pet theories that photos and stories of child molestation is 'harmless') will mean a theft of communications conviction will only be a 12 month sentence, if that. If a stupid enough judge is imposing sentence, he'll let the pervert walk with time already served.

      No, I'm not kidding.

      The Canadian justice system is a freaking joke.

    198. Re:A major point here seems to be.... by Hatta · · Score: 1

      It's public spectrum, I can broadcast whatever I want on it, and so can you. You however are not required to respond to my signals. I see the situation as somewhat analogous to that along the finger lakes trail, and probably other trail systems I'm not familiar with. These trails are mainly on public land, but cross over private property. The way the law is set up, if you don't enforce your property rights you lose them. So a couple of days a year, the owners of the land which the trail crosses disallow access. So they reinforce their claim and still we have a wonderful public trail system. If however someone was negligent and didn't even know that the trail crossed their land, never enforced their claim, never put up a fence or anything, then they'd lose rights to it. All you'd simply need to do is erect a fence, or hell put up a sign. There's a trail there, your land is surrounded by public land, so the public has reason to believe your land is public unless you tell them otherwise.
      By the same token, if you cannot take the slightest effort to secure your network while transmitting and recieving on public spectrum I don't think you have any right to expect that people will stay out. Enabling WEP doesn't even cost anything.

      --
      Give me Classic Slashdot or give me death!
    199. Re:A major point here seems to be.... by TheLoneDanger · · Score: 1

      Yeah, we called the water company. We got a credit for that month's bill.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    200. Re:A major point here seems to be.... by mpe · · Score: 1

      Aside from the charges made against him for the perverted video he was watching (and not to belittle the charges) it would seem that there is a major point that he has been charged with "Theft of Communications".
      This would suggest that all "Wardrivers" are at risk of being prosecuted for "Theft of Communications" regardless of what data they recieve over someone elses network.


      Shouldn't the most important matter be that he was operating a highly dangerous machine without paying proper attention. Since driving the wrong way down a one way street has the immediate potential to injure or kill innocent bystanders.
      If the "Theft of Communications" is the most serious thing he is being charged with then Canadian legislators really need to sort out their priorities.

    201. Re:A major point here seems to be.... by TrajanAugustus · · Score: 1

      I didn't know the wireless connection notifes you instead of you seeking it out. I'm confused...

    202. Re:A major point here seems to be.... by juhaz · · Score: 1

      Even if you don't actually break anything, you could scare the shit out of the person if they're home or they come home and see you. It's completely different.

      And there aren't any scenarion that come to your mind that could "scare the shit out of a person" from a mere theft of internet service? Like... err, surfing child pr0n, or perhaps only sending threats to spammers, warranting n years of jail time while all the evidence points out to the owner of the connection?

      Perhaps you wouldn't do those things. Perhaps you would. Mere possibility is just as much scaring as someone breaking to your house.

    203. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      So you are impatient, greedy and want things that belong to someone else - let's face facts.

      If that's what you want to call it, fine. If I want something, and I can get it without harming anyone, I'm going to take it. Is that greedy? I guess... Impatient? Sure...

      It's a maximum of ten years.

      Right. It's a maximum of ten years.

      For your crimes you'd probably get a much less severe sentence.

      The problem is that word probably. It shouldn't be possible for me to get 10 years for what I did. It shouldn't be possible for me to get any jail time whatsoever.

      There are practical aspects like the pen being insignificant

      Just like the internet access was insignificant.

      but if you look at it by the letter of the law then you would still technically be wrong using the pen.

      Like I said, I fully agree that what I did was probably illegal. That's what I'm complaining about.

      I can see how you would want to use an analogy like this because a pen is so insignifcant and it helps trivialize the arguments against you, but a home internet connection isn't as insignificant as a pen.

      That's just not true. My use of the other person's internet connection was insignificant.

      There is also the issue of setting precedent. If one person can use a neighbour's connection to check email, then why not another for gaming, then why not another for downloading things they shouldn't be?

      I dunno. Why not? If you don't want people sharing your connection, don't set up a device for the purpose of sharing your connection.

      Unfortunately many people, it seems you are included, have this idea that if something can be taken electronically and "doesn't hurt anybody" then it's not a crime.

      No. I've said it like 10 times now. It is a crime. It just shouldn't be.

      Hence the ideas that downloading music without paying for it is perfectly acceptable, having an illicit cable tv connection is okay or using someone else's wifi network is alright.

      Sounds good to me.

      Many people's justification for this stance is nothing more than the idea that if something is available it can be taken. The onus is on you not be immoral; security is simply compensation for people who cannot control their urges and greed.

      Sure. But if you're not hurting anyone, then what you're doing is not immoral.

      Here you are giving permission, but the point was that " I can take your lawn mower and mow my lawn without your permission".

      Well what else can I say? It seems to me the person being greedy is the one who is hoarding the lawn mower for no good reason.

      Perhaps you cannot address this point because your arguements hold no water. If I am wrong, then please have another try.

      What point? That you can take my lawn mower without my permission? I don't see how that is a point.

      Unfortunately you seem to be in a deep state of denial and so arguing with you is almost pointless.

      Fair enough. Stop arguing with me then. We're at an impasse anyway. I think it's perfectly moral to use something which is owned by someone else so long as you don't hurt anyone. You seem to define using something which is owned by someone else as hurting someone in and of itself. To me, you seem to be the one in denial. You don't want to share.

    204. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      Reasonable doubt doesn't mean anything if you admit to a crime.

      Yes it does. There are many people who have signed confessions and yet been found not guilty. It is on the prosecution to prove beyond a reasonable doubt that A) I actually made this statement, not someone else, and B) That I was telling the truth at the time. They have to prove C) That the crime was committed recently enough to fall under the statute of limitations. And all of this has to be proven through admissible evidence. No self-incrimination. No hearsay.

      If your neighbor turns up dead and you are overheard in a bar saying "I killed that bitch", fully expect to be charged with her murder.

      And if that's the only evidence, expect to be found not guilty.

      Whether or not you are convicted is another matter (you probably would be) but rest assured you will be charged if enough people come forward and testify that you actually said that.

      Not in this scenario. You couldn't even get probable cause to get a warrant. There's no reason to believe that I am telling the truth. There's no evidence that a crime was even committed. If I was overheard in a bar saying that I killed a guy once, I wouldn't be arrested. That's a closer analogy to this than my neighbor dying and then me saying I killed him.

      In any case I doubt a judge, jury, or DA would consider a pen sitting on a desk somewhere to be the equivalent of an Internet connection.

      True. A pen can only be used by one person at a time. Borrowing it would be a much worse crime than using someone's internet connection.

      Ah, but you just gave me permission to use it.

      Well, you could have used it even before I gave you permission. As long as you don't harm anyone in any way, you can do whatever the hell you want with my stuff. But hey, I just gave you permission, so it doesn't apply... Oh well.

      My whole point all along has been that using something that doesn't belong to you without permission is wrong and in most jurisdictions will be considered a crime.

      And my whole point is that it may or may not be wrong depending on the circumstances, though it usually is a crime.

    205. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      No, but I would call it trespassing.

      Exactly. And likewise using someone else's internet connection isn't stealing. It might be electronic trespass, but it isn't stealing.

    206. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      Dude, that's just fucking scary. I hope you're kidding.

      I'm not kidding. But make sure you understand what I said. If I did it, there would be nothing morally wrong with it. I wouldn't do it, because I don't want to get shot or arrested or beat up or people pissed at me.

      If you're not, then don't -ever- show up at my house because I will attack you on sight.

      I don't expect you to tell me your address, so I can't promise you I'll never show up at your house. Sorry.

      And then I will post the story of how you ended up in the hospital - and then jail - on slashdot.

      If I ever showed up at your house I'm sure I'd have a good enough reason, and I'd bring protection, and would probably not wind up in the hospital. Certainly not in jail.

    207. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      You do not set the rules for other people's property.

      Neither do you.

      You can subscribe to this idea all you like, but if others do not, then you have no right to use their property in such a manner.

      "Property" is a man-made concept, and has nothing to do with rights.

      And, the only case I would use a pen "just lying there" would be in the situation where I was pretty sure it belonged there

      Good for you. If I need a pen, and there's one lying in front of me, and no one seems to be using it, I'll use it.

      In such cases, the pen was placed there for the purpose of being used by the public. Unintentionally leaving a wifi node open is not anywhere near the same thing.

      It may or may not be, but that wasn't the point I was making anyway.

    208. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      And there aren't any scenarion that come to your mind that could "scare the shit out of a person" from a mere theft of internet service?

      Nope.

      Like... err, surfing child pr0n, or perhaps only sending threats to spammers, warranting n years of jail time while all the evidence points out to the owner of the connection?

      I wouldn't consider that "a mere theft of internet service."

      Perhaps you wouldn't do those things. Perhaps you would.

      For the record, I wouldn't.

      Mere possibility is just as much scaring as someone breaking to your house.

      LOL. You're a moron. I'm not even going to point out how stupid that statement was. Think about it.

    209. Re:A major point here seems to be.... by juhaz · · Score: 1

      Nope.

      You should think bit harder. Well, perhaps thinking isn't one of your strong points.

      I wouldn't consider that "a mere theft of internet service."

      Why not? If they're not doing that on purpose of framing you then it's nothing more. Stupid wardriver decides to check out his mail, gets pissed of and snaps at those morons without even remembering he is using someone elses connection, or the like.

      LOL. You're a moron. I'm not even going to point out how stupid that statement was. Think about it.

      Both have troublesome and totally nonthreatening possibilities. I'm sure there has been at least few times someone has came in, if for nothing else, to ask if someone is home (nobody was and forgot to lock the doors). Not scared. Why should I be? Of course the house in question is not in any big population center (nor States), and things could be very different if it was.

    210. Re:A major point here seems to be.... by Anonymous Coward · · Score: 0
      No, but your slowing down his Internet connection

      If we're both on cable modems, I'm slowing down his connection just by using mine. Or vice versa, which is why I gave up my cable modem - 10bytes/sec (not a typo) during peak hours sucks.

    211. Re:A major point here seems to be.... by Dun+Malg · · Score: 1
      People like you are the reason I would never consider using wireless. I suppose if I left my car door unlocked you would reach in and "borrow" my portable MP3 player as well, by hooking up your own headphones and draining my battery.

      No, because the inside of your car is YOUR PROPERTY, whereas the sidewalk is NOT. If you left your car radio on and your windows rolled down, would it bother you if I stood on the sidewalk next to your car listening to your radio?

      --
      If a job's not worth doing, it's not worth doing right.
    212. Re:A major point here seems to be.... by brianosaurus · · Score: 1

      Those examples are ridiculous, and are not analogous to hopping on an open wifi link. I think you're confused by the difference between "illegal" and "wrong."

      Stealing someone's purse is wrong and illegal. I cannot think of a situation where stealing something from someone would be considered a good thing (Robin Hood was a crook, even if his motives were noble).

      Entering someone's how to cause "trubble" is wrong and illegal, because its causing "trubble."

      Hopping on an open Wifi link is, perhaps illegal according to the law, but not necessarily wrong. For example, if you were lost on your way to meet someone, found an open wireless and used it to look up directions, you're not really doing anything wrong, though it is technically illegal. If you check your email while you're at it, its still probably no big deal.

      On the other hand, if you decided to "whip it out" while you're there and check out the new child-pr0n links, you're doing something wrong. Or if you ran tcpdump and started sniffing packets, that's probably bad, too.

      If someone has a closed network, and put a lame WEP password on it, and you use tools to crack it and access their network, you're doing something wrong. Someone went through enough effort to say "this link is not public" and you got on it anyway. Even though the manufacturer's security systems are weak, it doesn't mean you should circumvent them.

      Just because something is on the lawbooks, it doesn't necessarily mean its wrong, and it doesn't necessarily mean that its a good law.

      --
      blog
    213. Re:A major point here seems to be.... by jjhlk · · Score: 1

      Yeah the P2P analogy is interesting, but it isn't entirely the same. P2P's prime purpose is to share files, whereas wifi's purpose is to allow someone a connection without wires. Maybe that distinction is arbitrary, though. It is simple to add a password...

    214. Re:A major point here seems to be.... by blair1q · · Score: 1

      There is permission to transmit on the spectrum, not on someone else's network.

    215. Re:A major point here seems to be.... by SuperKendall · · Score: 1

      I didn't agree with you about the sharing, I said I thought it was wrong in the original post.

      However, I personally don't see that you would get in trouble for recording and putting up on the internet a call that was sent out in the clear - if you are using unprotected communcaition that is a public broadcast and perfectly legal to record. I wouldn't even care myself if someone recorded anything I said on a wireless phone since I pretty expect bored guys with scanners might be listening in anyway (not to mention that I just about never have anything interesting enough to talk about that anyone would care to put it up on the internet!).

      I'm actually not sure that using a neighbors wireless service is as much of a crime as you think, I believe there are conditions around that. In a sense I am "using" any connection nearby all the time as my computer sees it and is doing some work under the covers just to ignore it. It had to at least ask it what the name of the server was.

      Here's something to think about. What if all I did was use a neighbors wireless service to download something they had a public share without them knowing. Obviously it is wrong but is it a crime? You did not make use of the internet connection they may or may not have. You did no damage, and if you could see the share it was a public offering.

      Now suppose it turns out that the file you downloaded really existed on a remote server for some reason. Is it still illeagal? I'm not sure myself, it's just an interesting exercise that can point to how murky issues like this can get. It's not all black and white like you make it out, obviosuly there are ethical lines but the legal reality is about 1000x more murky.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    216. Re:A major point here seems to be.... by zurab · · Score: 1
      And my point is that his mistake does not forfeit his rights. You can't use his link simply because he doesn't know enough to secure his access point.


      So, can you sue someone for trespassing for seeing a sign "open house - come in anytime" in front of your property, and entering your yard and knocking on your door, assuming that you forgot about the sign and inadvertently left it outside? Broadcasting such a signal does constitute an electronic "sign" that the network is open and available. You may say the analogies suck, but your argument places 0 responsibility on the network owner.

      Should network owner be responsible for what they broadcast to public from their property? 100%, unless they get hacked by malicious attacker, or similar cuircumstance. They don't know is a good excuse (after the fact), but default responsibility is theirs with regard to their broadcast signal.
    217. Re:A major point here seems to be.... by Wolfrider · · Score: 1

      --Not really, but the difference there is that you would be listening PASSIVELY. Sure you could try asking me to change the station, but still. When you start using someone else's Internet connection w/o asking, compensating, or warning them it opens up a whole 'nother can of worms because basically you are using their computer equipment and bandwidth w/o authorization.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    218. Re:A major point here seems to be.... by Fnkmaster · · Score: 1
      Stole the bandwidth? Dude, take a chill pill. I leave my wireless network open - sometimes my neighbors in my apartment building use it, and that's fine (probably because their living room is closer to my AP than it is to their own AP on the other side of their apartment and they just use the network with the stronger signal). If I didn't want them, or visitors, to use it, I would have put WEP up, which albeit weak, prevents wanderers-by from getting access. When I need all my bandwidth, or rather I need a low latency link for gaming and somebody else's use of my upstream is interfering with it, I pull the plug on them.


      If somebody were doing something more than checking email, doing some web surfing, and were really imposing a bandwidth burden, I'd reconsider. But bandwidth isn't metered, I don't pay by the byte, and nobody else with residential service in the US does either. So it's not analogous to taking my electricity or charging pay-per-view to my TV. It's more like using my phone line for local calls when I'm not using it.

    219. Re:A major point here seems to be.... by nathanh · · Score: 1
      If somebody were doing something more than checking email, doing some web surfing, and were really imposing a bandwidth burden, I'd reconsider. But bandwidth isn't metered, I don't pay by the byte, and nobody else with residential service in the US does either. So it's not analogous to taking my electricity or charging pay-per-view to my TV. It's more like using my phone line for local calls when I'm not using it.

      We don't all live in the US. My area (capital city of Australia) doesn't have ADSL. Doesn't have cable. Doesn't have anything better than ISDN, but that's $300 per month plus bandwidth charges. I'm not paying that so I'm sticking with 28.8k (can't even get 56k where I live). Many dialup Internet accounts charge by the byte (thankfully not mine). So it can be a big deal. Not everybody is blessed with unlimited high speed Internet access.

      And we pay 25c for every local call.

      Now I know enough about networks to keep my systems secure but this argument isn't about me. I'm not stressing out over it. I don't even have wireless. This argument is about the hypothetical idiot who didn't secure his network and it's about the self-confessed criminals who use that idiot's link without his permission. The criminals are trying to justify their crime by saying "he didn't secure it" and "it's not like he pays for it". Doesn't matter. It's still illegal.

    220. Re:A major point here seems to be.... by nathanh · · Score: 1
      So, can you sue someone for trespassing for seeing a sign "open house - come in anytime" in front of your property, and entering your yard and knocking on your door, assuming that you forgot about the sign and inadvertently left it outside? Broadcasting such a signal does constitute an electronic "sign" that the network is open and available.

      And I say it doesn't. The access point is saying "hey, I'm an access point, and my name is xxxxxxxxx". It's not saying "and my owner wants you to use me to surf the Internet for free". You claim it's a "sign". You say it's an open invitation. I'm calling your bluff. I'm saying it's a statement of existence. You are the one who interprets that as an open invitation to use it. The access point only broadcasts that the access is possible, not that it is permitted. You are inventing this "permission" concept based purely on your say-so.

      Should network owner be responsible for what they broadcast to public from their property? 100%, unless they get hacked by malicious attacker, or similar cuircumstance. They don't know is a good excuse (after the fact), but default responsibility is theirs with regard to their broadcast signal.

      There was never any disagreement about their responsibility. The disagreement started when somebody (you?) claimed that their ignorance absolves the freeloader of any guilt for using somebody elses equipment without permission.

    221. Re:A major point here seems to be.... by reality-bytes · · Score: 1

      Please re-read my comment carefully.

      --
      Ripping an new rectum in the fabric of spacetime.
    222. Re:A major point here seems to be.... by Dun+Malg · · Score: 1

      When you start using someone else's Internet connection w/o asking, compensating, or warning them it opens up a whole 'nother can of worms because basically you are using their computer equipment and bandwidth w/o authorization.
      Still, I stand by my original analogy. If you don't want people using your drinking fountain, either lock it up or put it somewhere not accessable from the sidewalk.

      --
      If a job's not worth doing, it's not worth doing right.
    223. Re:A major point here seems to be.... by beaverfever · · Score: 1

      Hence the ideas that downloading music without paying for it is perfectly acceptable, having an illicit cable tv connection is okay or using someone else's wifi network is alright.

      Sounds good to me.

      I think it's perfectly moral to use something which is owned by someone else so long as you don't hurt anyone.


      So i spend a year writing music, rehearsing, and then spend $100,000 recording a CD (a low-ball figure), try to sell it, people want it enough to go to the effort of "sharing" it but won't pay for it and nobody gets hurt? Give me a break.

      Sure. But if you're not hurting anyone, then what you're doing is not immoral.

      You need to take a closer look at what may hurt someone - this is the root of most file-sharers' denial. Why am I going to invest a fortune to produce software, games, movies or recorded music if everybody wants it but everybody is too cheap to actually pay for it and "shares" it because "it doesn't hurt anybody"? Why not just walk out of a supermarket with all your groceries without paying for them? Nobody gets hurt, right? Supermarkets make lots of money, they won't suffer... Why don't you open a restaurant and call it McDonald's, and sell food that is exactly like McDonald's food? Nobody will get hurt if you do that, and it will be an easy way to establish a business. Hopefully your customers will choose to pay for their meals though.

      You seem to define using something which is owned by someone else as hurting someone in and of itself. To me, you seem to be the one in denial. You don't want to share.

      I'm all for sharing, but as the owner, I want to establish the terms of the things I choose to share, just as you choose to do with the lawnmower. As the owner, I get to establish what will in fact "hurt" me. If I borrow your lawn mower, maybe I'll use it to clear a rocky field covered with 3-foot grass in a heavy rain, which I could think is a perfectly acceptable way to use a lawnmower and by my terms "doesn't hurt anybody" - simply saying sharing won't hurt anyone is vague and naive.

      Fair enough. Stop arguing with me then. We're at an impasse anyway

      It's hard not to argue with someone who is plainly wrong.

    224. Re:A major point here seems to be.... by milosoftware · · Score: 1

      Power guy reconnects electricity, but they're on a different transformer and the phase is off. Exploding power meter severely burns power guy, while transformers short out.

      Yeah, right.

      I tried this at home several times (connected some out-of-phase groups by accident), all it got me were a few nice sparks and some blown fuses. I was using a metal 'Stanley' knive to cut through live 380V (40A fuses) wires (i switched off the wrong group), all it did was blind me for 2 seconds and burn a tiny hole into my knive blade.

      Next time you make up a story like this, get your facts right. The 'domestic' cables and fuses can be shocking but just aren't capable of doing serious damage to even unsuspecting humans by means of burns and stuff.

      --
      Musicians don't die. They just decompose.
    225. Re:A major point here seems to be.... by anthony_dipierro · · Score: 1

      So i spend a year writing music, rehearsing, and then spend $100,000 recording a CD (a low-ball figure), try to sell it, people want it enough to go to the effort of "sharing" it but won't pay for it and nobody gets hurt? Give me a break.

      Someone may have gotten hurt, but it's their own damn fault.

      Why am I going to invest a fortune to produce software, games, movies or recorded music if everybody wants it but everybody is too cheap to actually pay for it and "shares" it because "it doesn't hurt anybody"?

      Probably with the intention of making money. Unless you're already rich. Then maybe it's just pure altruism.

      Why not just walk out of a supermarket with all your groceries without paying for them? Nobody gets hurt, right?

      The owner of the grocery store is hurt.

      Why don't you open a restaurant and call it McDonald's, and sell food that is exactly like McDonald's food?

      Because I'd get arrested. Otherwise, there is no reason (if the food really is exactly like McDonald's food, otherwise it'd be fraud, which harms the customer).

      I'm all for sharing, but as the owner, I want to establish the terms of the things I choose to share, just as you choose to do with the lawnmower.

      Sure. You're greedy. It's not a problem. It's human nature to be greedy.

      As the owner, I get to establish what will in fact "hurt" me. If I borrow your lawn mower, maybe I'll use it to clear a rocky field covered with 3-foot grass in a heavy rain, which I could think is a perfectly acceptable way to use a lawnmower and by my terms "doesn't hurt anybody" - simply saying sharing won't hurt anyone is vague and naive.

      That's nonsense. Harm is objective. It is not subjective.

      It's hard not to argue with someone who is plainly wrong.

      I know.

    226. Re:A major point here seems to be.... by wembley · · Score: 1

      So port scanning is a crime now? How many of those APs were 'closed?' On average it hovers around 10%. You're still just another node on the internet, the transmission medium doesn't make a difference.

      Maybe not a crime per se, but it is kind of the digital equivalent of making a bunch of keys and going door-to-door trying them all out.

      --

      Share and Enjoy!

    227. Re:A major point here seems to be.... by SuiteSisterMary · · Score: 1

      That's got nothing to do with it.

      If I leave my bicycle unattended and unchained, leaning up against a lamp post, in a public park, you do NOT assume 'oh, they left it here for anybody to use.' You assume 'stupid bugger's going to get his bicycle stolen.'

      Well, you leave your WAP unsecured, you don't assume 'Hey, free for use.' You assume 'Stupid bugger's going to get his bandwidth stolen.'

      Of course, an easy way to fix this would be for APs to have a 'I'm sharing this' flag, ships disabled by default, makes you jump through a hoop or two to enable, but then the AP explicitly says 'Hey, I'm free for the using.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    228. Re:A major point here seems to be.... by mlippert · · Score: 1

      Ah, but you just gave me permission to use it. So none of the other arguments mean anything. My whole point all along has been that using something that doesn't belong to you without permission is wrong and in most jurisdictions will be considered a crime.

      Hmm, I don't agree. Ignoring the ownership of ideas question (which I have real problems with), I think another analogy to the use of the wireless internet connection would be: Your neighbor waters their lawn, and their sprinkler sprays your property. You collect that water and use it to water your own garden thereby reducing your water bill. So you're using their "property" but I hardly think it is in any way wrong.

      Similarly, I have no problem with someone with a satellite dish getting a device that lets them see encrypted programs broadcast from satellites. On the other hand, I do have a problem with someone illicitly tapping into cable.

    229. Re:A major point here seems to be.... by Hanzie · · Score: 1

      Lordy, lordy.

      I just re-read my above post responding to you and it certainly seems like an arrogant response to a rude reply. I'm sorry about that, I meant it to be polite response.

      I didn't intend to be sarcastic, I really know little about the foibles of power generation and have to rely on the knowlege of others. If you do have a resource in the power industry, please feel free to check with him/her and post relevant info.

      On the other hand, I am a fairly good judge of when somebody is lying, and my friend seems completely honest, and would have no apparent reason to want to lead me astray.

      Thank you for your time.

      --
      ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
    230. Re:A major point here seems to be.... by Dr_Cornholio · · Score: 1

      Umm.. yeah. That is a bad thing. If you want to have a wireless network, you should be aware of the risks involved with it. It's just as bad as people who don't patch buggy operating systems (I'm not bringing ANY company names in to this!). Your wireless network should have at least some sort of protection. Even if it's 40-bit WEP. It's like leaving your front door open and then expecting a burglar not to enter. If you do have a password at least and then you can claim that the person illegally broke into your network, but leaving the door wide open is asking for trouble

      --
      In Soviet Russia, the monkey spanks you!
    231. Re:A major point here seems to be.... by DeltaSigma · · Score: 1

      Okay, small claims court then. But 10 YEARS? C'mon...

    232. Re:A major point here seems to be.... by Minna+Kirai · · Score: 1

      Should. Could. It doesn't matter. It's still illegal to use somebody elses data link without their permission.

      You are right now using a data link to slashdot.org.

      Do you have their permission to do so? Yes? How do you know?

      The very fact that the computer exchanges data with anyone who connects to it, with no attempt at authenication, constitutes permission.

    233. Re:A major point here seems to be.... by nathanh · · Score: 1
      You are right now using a data link to slashdot.org...

      You know, it was a stupid point when the Anon Coward said it three days ago, so I left it alone because I assumed everybody else had the half-cluon required to spot the flaw. But now you not only plagiarise the idea from the Anon Coward, you repeat the same stupidity that he said. Apparently I need to spell this out with crayons.

      The entire problem with the wireless access point is that the owner is typically unaware that he's advertising the access point to his neighbours. If you honestly think that Slashdot was accidentally created, accidentally hosted, accidentally sold to OSDL, and Rob/Taco have no fucking idea that half a million subscribers view it daily, then you're a retarded idiot.

      If you can't spot the difference between Slashdot and an unsecured 802.11 access point then I advise you shut the fuck up.

    234. Re:A major point here seems to be.... by zurab · · Score: 1
      The access point is saying "hey, I'm an access point, and my name is xxxxxxxxx". It's not saying "and my owner wants you to use me to surf the Internet for free". You claim it's a "sign". You say it's an open invitation. I'm calling your bluff. I'm saying it's a statement of existence. You are the one who interprets that as an open invitation to use it. The access point only broadcasts that the access is possible, not that it is permitted. You are inventing this "permission" concept based purely on your say-so.


      Statement of existence is the broadcast signal itself. Whether the access is protected or open to public is a sign of whether the said service is available to public or not. Protected/secured broadcast signals "say" that the service is not available to everyone, only to selected users. Open networks broadcast otherwise.

      There was never any disagreement about their responsibility. The disagreement started when somebody (you?) claimed that their ignorance absolves the freeloader of any guilt for using somebody elses equipment without permission.


      This is a bad argument. If you follow through with this, it would be illegal to access someone's website without their permission, even though port 80 is open and there's no authentication since they haven't expressly granted you access to their "equipment".

      It would also be illegal to use any P2P application, especially if the owner of the "equipment" is not fully aware of what sharing means. Obviously, you would have to err on the side of the owner doesn't want to share? Even when the signal they broadcast says otherwise? That's the responsibility - are you responsible what you broadcast from your property/equipment? Yes, because I don't see many people saying P2P should be illegal in this manner too.
    235. Re:A major point here seems to be.... by nathanh · · Score: 1
      If you follow through with this, it would be illegal to access someone's website without their permission, even though port 80 is open and there's no authentication since they haven't expressly granted you access to their "equipment"

      There's a difference between a website, which demonstrates intent to provide a service, and an unsecured access point which does not demonstrate intent to provide free Internet access for every juvenile delinquent in the neighbourhood. Any dolt can accidentally setup an unsecured access point - they ship that way! - but it takes real effort to register a domain, build the server, create the website content, and pay the hosting bills (most ISPs will block incoming port-80). So you don't have a good analogy; there is a clear difference in the intent between a website and an access point. The access point owner can plausibly deny they intended to provided Internet access, but a website owner will have a hard time convincing anybody (especially a judge) that they had no idea people were going to view their publicly available and registered website!

      However if you insist on the webserver analogy, despite the obvious flaws, imagine you found a website displaying the default page, and you knew the default password for the admin area for this particular webserver software, and you exploited that admin area to host pr0n... do you think the argument is so "bad" now? Or would you agree that this hypothetical webserver owner had no intention of providing you with a service, and that your abusal of his equipment is illegal?

      Let's continue the webserver analogy, despite my objections. Imagine you found a company's Intranet accidentally available on the Internet. This does happen, so don't laugh. Imagine you downloaded some confidential files (eg, payslips) and were later caught. Imagine you now try and defend your actions by saying that they were on the Internet, therefore they were being made available to the public, therefore you are not guity of any crime. I know from court cases on this very matter that the judge will rule that nobody is that stupid, that of course you knew what you were doing, and that you are guilty of data theft. Yes, the judge will also reduce your punishment because the company showed a lack of due care, but you are not entirely guilt free.

      I hope you can now see that the matter is not as black and white as you (and 2 others before you) seem to think. There are shades of gray that make all of these situations far more complex.

      It would also be illegal to use any P2P application, especially if the owner of the "equipment" is not fully aware of what sharing means.

      I agree. I'm just waiting for the class action lawsuit against Kazaa from users who weren't aware that their equipment was providing this service. Yes, I agree they're dolts for not reading about the software before installing it, but you have to admit there are a lot of dolts out there. Being ignorant doesn't forego their rights to privacy and property.

      That's the responsibility - are you responsible what you broadcast from your property/equipment? Yes, because I don't see many people saying P2P should be illegal in this manner too.

      And once again, nobody is disputing it's their responsibility. I wish you lot would stop twisting this around into "it's his responsibility! why don't you agree!" because that's not in dispute.

    236. Re:A major point here seems to be.... by brainsik · · Score: 1
      Sorry, but if you break into my wireless network (even if you are just "mapping" how many open networks there are), you've just committed a crime.

      Connecting to an open AP is pretty far from "breaking" anything.

      Furthermore, if you think mapping networks should be considered a crime, then network discovery becomes a crime. Might as well outlaw arp requests at that point; they are far more invasive than passively listening for wireless beacon signals.

    237. Re:A major point here seems to be.... by zurab · · Score: 1

      There's a difference between a website, which demonstrates intent to provide a service, and an unsecured access point which does not demonstrate intent to provide free Internet access for every juvenile delinquent in the neighbourhood.

      "Juvenile delinquent" aside, I think both demonstrate the same intent.

      Any dolt can accidentally setup an unsecured access point - they ship that way! - but it takes real effort to register a domain, build the server, create the website content, and pay the hosting bills (most ISPs will block incoming port-80). So you don't have a good analogy; there is a clear difference in the intent between a website and an access point. The access point owner can plausibly deny they intended to provided Internet access, but a website owner will have a hard time convincing anybody (especially a judge) that they had no idea people were going to view their publicly available and registered website!

      I disagree. It's just as easy, if not easier to set up a website than a wireless router. All you need is a few clicks with some hosting providers and you are set. You need to know exactly nothing about DNS, domains, HTML, or anything else. You can also argue that purchasing a router, plugging it in, setting it up for your wireless devices is just as, if not more, involved.

      However if you insist on the webserver analogy, despite the obvious flaws, imagine you found a website displaying the default page, and you knew the default password for the admin area for this particular webserver software, and you exploited that admin area to host pr0n... do you think the argument is so "bad" now? Or would you agree that this hypothetical webserver owner had no intention of providing you with a service, and that your abusal of his equipment is illegal?

      Cracking someone's username/password, however common the combination, is not part of the discussion, as that would be a secured network. That's a big difference.

      Let's continue the webserver analogy, despite my objections. Imagine you found a company's Intranet accidentally available on the Internet. This does happen, so don't laugh. Imagine you downloaded some confidential files (eg, payslips) and were later caught. Imagine you now try and defend your actions by saying that they were on the Internet, therefore they were being made available to the public, therefore you are not guity of any crime. I know from court cases on this very matter that the judge will rule that nobody is that stupid, that of course you knew what you were doing, and that you are guilty of data theft. Yes, the judge will also reduce your punishment because the company showed a lack of due care, but you are not entirely guilt free.

      In this example, you added an extra dimension, somewhat unrelated, to the original issue. The existence or discovery of [what you reasonably believe is] confidential private information, whether on the web, elsewhere on the Internet, or physically printed on the paper, is separate from this issue. Either way, in such cases, you should definitely exercise your good faith and report the error to the related party, or, at the very least, don't act on the information in any way.

      This is largely unrelated to the original issue of whether you can use the provided, advertized, or broadcasted service - that's a separate matter altogether.

      I agree. I'm just waiting for the class action lawsuit against Kazaa from users who weren't aware that their equipment was providing this service. Yes, I agree they're dolts for not reading about the software before installing it, but you have to admit there are a lot of dolts out there. Being ignorant doesn't forego their rights to privacy and property.

      Well, here you seem to be in agreement with me. If you feel Kazaa, or router manufacturers, for that matter, did not do an adequate j

    238. Re:A major point here seems to be.... by nathanh · · Score: 1
      It's just as easy, if not easier to set up a website than a wireless router. All you need is a few clicks with some hosting providers and you are set.

      And the payment of the hosting providers bill, of course. I'd like to see you argue that payment to a public web-hosting provider for a pubic web-hosting service didn't show intent to host a public website.

      Well, here you seem to be in agreement with me. If you feel Kazaa, or router manufacturers, for that matter, did not do an adequate job of informing their users, and that they should be subject to class action lawsuits, then that's a different argument; but you wouldn't blame the downloader,

      I think the entire point is that I would blame the downloader for using the wireless access point without permission. You wouldn't.

      If you follow the logic, this is where the website analogy was relevant.

      I think I've already said that I think the website analogy is no good. I gave my reasons why. You apparently disagree. Let's leave it at that.

      Provided there are no other factors involved like confidential information, etc., can you tell if the website owner intended to share the content with public?

      I would say if you cannot determine the intent then you should assume that the default is no access without permission rather than assume the default is free bandwidth for everybody!

      You know, like the law requires, as opposed to your own outraged sense of technical superiority that apparently gives you the "moral right" to exploit the technically ignorant people out there.

    239. Re:A major point here seems to be.... by zurab · · Score: 1
      And the payment of the hosting providers bill, of course. I'd like to see you argue that payment to a public web-hosting provider for a pubic web-hosting service didn't show intent to host a public website.


      I don't see the relevance of payment to a hosting provider. Any website content could be password-protected, or otherwise secured, just like a wi-fi access.

      I think the entire point is that I would blame the downloader for using the wireless access point without permission. You wouldn't.


      You seem to have dodged the entire P2P analogy. So, with that logic all Kazaa [or other P2P network] users would be committing illegal acts by not assuming that the content they've found on said network must not have been meant to be shared. The whole P2P software usage then, as it exists today, is largely an illegal activity (for reasons totally unrelated to what RIAA or any similar entity might say).

      I would say if you cannot determine the intent then you should assume that the default is no access without permission rather than assume the default is free bandwidth for everybody!


      You are spinning the same wheel; if /. allowed a do-while structure, that's where the loop would go back to my original post; or at least few posts up in the thread.

      You know, like the law requires, as opposed to your own outraged sense of technical superiority that apparently gives you the "moral right" to exploit the technically ignorant people out there.


      Nonsense. No law requires me to obtain authorization to use P2P network from other P2P users. You entirely fail to understand the argument I'm making then. You are simply repeating your old statements.
    240. Re:A major point here seems to be.... by nathanh · · Score: 1
      I don't see the relevance of payment to a hosting provider.

      It plausibly demonstrates an intent to host a public website.

      You seem to have dodged the entire P2P analogy.

      That's because it's a bad analogy.

      The whole P2P software usage then, as it exists today, is largely an illegal activity

      Hallelujah, you have seen the light.

      You are spinning the same wheel; if /. allowed a do-while structure, that's where the loop would go back to my original post; or at least few posts up in the thread.

      I could say the exact same thing about the repetitive rhetoric from you freeloaders.

      Nonsense. No law requires me to obtain authorization to use P2P network from other P2P users.

      We are discussing wireless access points. Do try and pay attention. Your ADD is a curse, I know, but with perseverance we can beat it... together!

      You entirely fail to understand the argument I'm making then.

      I understand it, I simply don't agree with it.

      You are simply repeating your old statements.

      Because they are still valid, despite the bleating cries of "I can steal bandwidth with impunity!" from the freeloaders.

    241. Re:A major point here seems to be.... by zurab · · Score: 1
      I could say the exact same thing about the repetitive rhetoric from you freeloaders.


      If trolling was all you wanted to do, why take me through this whole discussion? And then simply say "bad analogy" to everything, even when explained its relevance?

      The whole P2P software usage then, as it exists today, is largely an illegal activity

      Hallelujah, you have seen the light.


      Unfortunately, that's not true, however. P2P technology is completely legal as it stands.

      We are discussing wireless access points. Do try and pay attention. Your ADD is a curse, I know, but with perseverance we can beat it... together!


      I'm not sure whose ADD you are talking about since you have forgotten the P2P analogy I gave with regards to wi-fi access points; even in the post that directly replied to it.

      I see no further ways I can contribute my thoughts since they are not taken seriously. Have fun!
    242. Re:A major point here seems to be.... by nathanh · · Score: 1
      If trolling was all you wanted to do...

      It is quite clear from what I've written that I am not and was not trolling.

      The whole P2P software usage then, as it exists today, is largely an illegal activity

      Hallelujah, you have seen the light.

      Unfortunately, that's not true, however. P2P technology is completely legal as it stands.

      How quickly you change your argument from "P2P software usage" to "P2P technology". Do you think they're the same thing? Did you slip up the first time? Or do you honestly think that the former is not "largely an illegal activity"?

      I'm not sure whose ADD you are talking about since you have forgotten the P2P analogy

      I did not forget it. I dismissed it as a bad analogy. This was made quite clear to you.

      I see no further ways I can contribute my thoughts since they are not taken seriously.

      Because they are not serious thoughts. You are trying to justify unauthorised entry into a computer network, unauthorised theft of data services, and unauthorised manipulation of computer equipment. Read the law, sonny. What you want to do is currently illegal. Your excuse "but the guy should have secured it, the fact that he didn't gives me permission to steal his stuff" is not very impressive. It demonstrates quite clearly that you knew what you were doing. Intent is 90% of the way towards proving guilt.

      PS: you might be aware that laws are currently being drafted to protect innocents who inadvertently access an unauthorised wireless access point. You would have a much better argument if you attacked from that angle.

  21. Surely... by Space+cowboy · · Score: 1

    driving naked from the waist down with a portable in one hand (I don't want to think what was in the other) should be an offence in and of itself ?

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Surely... by Shakrai · · Score: 1
      driving naked from the waist down with a portable in one hand (I don't want to think what was in the other) should be an offence in and of itself ?

      Think they tacked on a distracted driving charge for the hell of it? ;) It wouldn't surprise me.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  22. Kazaa - 1,286 files? by z_gringo · · Score: 3, Insightful

    Gillespie said the man used Kazaa, a popular file-sharing web program commonly used to share music, to download the graphic material.

    In a study using 12 words associated with child pornography, the U.S. General Accounting Office found that 42% of 1,286 files on the peer-to-peer site contained child porn.

    Those figures didn't surprise Gillespie.


    What are these idiots on? There are a lot more than 1286 files available via Kazaa, morpheus, etc.. It's not a "site" and there is no way that 42% of it is child porn.. That is absolutely nuts. Most of it is Movies and MP3's There is a fair bit of regular porn as well. If 42% were child porn, that would usurp every single other category.. That stat is just stupid. The sad part is that there are loads of people out there who will believe that nonsense without even bothering to run the numbers..

    --
    -- -- Warning. Do not stare directly at the sun.
    1. Re:Kazaa - 1,286 files? by torgosan · · Score: 1

      Read a bit more closely: this is about the hits on the 12 words.

      --
      "If you put the federal government in charge of the Sahara Desert, in 5 years there'd be a shortage of sand". -Milton F.
    2. Re:Kazaa - 1,286 files? by z_gringo · · Score: 1

      Yeah, I read that but that just skews the stats even more.. It goes to show that you really have to look for that to find it. It generally doesn't just appear on your screen while you are trying to go about your normal business. If he typed 12 words specifically looking for kiddie porn, and verified that only 42% actually were, Wouldn't that be illegal as well? Also, why only 42%? His numbers still don't add up.

      --
      -- -- Warning. Do not stare directly at the sun.
    3. Re:Kazaa - 1,286 files? by Anonymous Coward · · Score: 0

      It said "In a study using 12 words associated with child pornography".

      So they did a search on Kazaa using specific keywords. Those keywords generated a list of 1286 possible target files. 42% of those target files were child porn.

      The sad part is that there are loads of people out there who will believe your nonsense without even bothering to review the original text.

    4. Re:Kazaa - 1,286 files? by Anonymous Coward · · Score: 0

      They're not saying 42% of ALL FILES on kazaa are child porn, they're saying 42% of all files found from 12 keyword searches were childporn.

    5. Re:Kazaa - 1,286 files? by bhtooefr · · Score: 1

      42% of 1,286 files, not 42% of the 1,286 files. They probably searched for "child porn", found 1,286 results, 42% of which are really child porn.

    6. Re:Kazaa - 1,286 files? by Anonymous Coward · · Score: 0

      Just because a word is commonly found associated with child porn doesn't mean it can't be associated with other stuff too. Imagine searching using the keyword 'kid'. Maybe you'd find something like "kid trips and falls.mpg" or something like that, or maybe you'd find child porn. This is probably why "only" 42% of the files were found to be child porn, the rest were files that happened to have tha that keyword in it, but weren't child porn.

    7. Re:Kazaa - 1,286 files? by bugbread · · Score: 1

      In a study of the word "Eminem", I found that 92% of 1,427 files on the peer-to-peer site contained Eminem songs. Those figures don't surprise me.

    8. Re:Kazaa - 1,286 files? by ShadyG · · Score: 1

      The way I read it, they searched for child porn specifically, and 42% of the 1286 search results were valid.

    9. Re:Kazaa - 1,286 files? by LiquidCoooled · · Score: 1

      The rest of the files should simply be pictures looking like this:


      xoxoxoxoxoxoxoxoxoxoxoxoxoxoxo
      FBI MONITORING
      xoxoxoxoxoxoxoxoxoxoxoxoxoxoxo
      DONT EVEN BOTHER FORMATTING
      YOUR COMPUTER. WE GOT YOU.
      xoxoxoxoxoxoxoxoxoxoxoxoxoxoxo

      Or perhaps the RIAA can team up with the relivent groups dealing with kiddy porn prevention and seed the files with fakes and dupes - old hags and fat bloaters and even our friend goatse!

      --
      liqbase :: faster than paper
    10. Re:Kazaa - 1,286 files? by Anonymous Coward · · Score: 0

      I believe what they meant was they searched Kazaa using 12 words - got 1286 'hits', examined them and determined that 42% of those were actually kiddie porn.

      So they used the term site, instead of network. Give thema f'ing break.

      The sad part is there are people who will make idiotic posts without pausing to consider what the quoted section on which they are commenting on really says.

    11. Re:Kazaa - 1,286 files? by z_gringo · · Score: 1

      Nah, I still think their numbers are nonsense. I understand that they filtered based on a search. They still worded it in the article to mislead whoever is reading it. My point is that 1. You have to look for that crap to find it., 2. it's not as widespread as all the fearmongers would have us believe., 3. P2P isn't evil.

      --
      -- -- Warning. Do not stare directly at the sun.
    12. Re:Kazaa - 1,286 files? by shadow_slicer · · Score: 1

      What they probably meant was that was when they ran their twelve searches, 42% of the results from those searches (which yielded a total of 1,286 files) were child porn.

      So that makes 540 porn files on a service containing hundreds of millions of files...which is not really that bad.

    13. Re:Kazaa - 1,286 files? by Yostage · · Score: 1

      I think it means that of the 1,286 files that they found using the 12 words they mention, 42% of them contained child porn.

    14. Re:Kazaa - 1,286 files? by Anonymous Coward · · Score: 0

      Makes good press though and the government likes it.

    15. Re:Kazaa - 1,286 files? by shione · · Score: 1

      Which is another way of saying they got a 58% miss rate.

      I think the only thing their study showed was, you're (not you but you get what I mean) less likely to find that stuff even if you're specifically looking for it.

    16. Re:Kazaa - 1,286 files? by mazarin5 · · Score: 1
      I'm guessing that the 12 associated words generated 1286 unique results, and that only 42% of those actually were child porn.

      Granted, they said it in the most contrived way possible.

      --
      Fnord.
    17. Re:Kazaa - 1,286 files? by Tsunamio · · Score: 1

      ...

      One, Jesus, my chair just broke. Ok, anyway, one, it didn't say there were only 1286 files, it said that of 1286 files they found using words associated with kiddie porn 42% of them actually were kiddie porn. Now how this is supposed to be relevent (searching "kiddie porn" brings up kiddie porn!) I don't know, but it's not even suggesting what you're saying.

      The sad part is there are loads of people who will believe your nonsense without even bothering to rtfa.

    18. Re:Kazaa - 1,286 files? by danila · · Score: 1

      You are right, it is complete idiocy! The study went as follows: they took "12 words associated with child pornography", like probably lolita, child, preteen, hcpt, kiddie, kidsex, 10yo, 7yo, R@ygold, reelkiddymov, Tarbell and ddoggprn and searched for them. Of course, the files they downloaded contained lots of child porn - it's because they searched for them. In a similar study I can search for 12 words associated with a famous pop-singer (britney, brittany, brittney, britany, britny, briteny, britteny, briney, brittny, brintey, britanny, britiny) and then argue that 60% of KaZaA files are pirated MP3s of Ms Spears, while the remaining 39% are fake photos of Ms Spears in negligee.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
  23. I posted this by CoolAcid · · Score: 1

    I posted this to /. last night 11pm local toronto time.

    1. Re:I posted this by Anonymous Coward · · Score: 0
      I posted this to /. last night 11pm local toronto time.

      Congratulations.

    2. Re:I posted this by Rosco+P.+Coltrane · · Score: 1

      What's 11 pm local Toronto time ? is that like 0.25 am local US time ?

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    3. Re:I posted this by SuiteSisterMary · · Score: 1

      Depends on where you are in the States; Toronto is Eastern Standard. So if you're in Texas, 11PM local to Toronto would be 10 PM.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  24. half naked by GrayTech · · Score: 1

    Boy am I naive. When I first read this, I thought he had no shirt. Another small article from the Toronto Star

    --
    -- I need to remember to update my sig
  25. Wireless security by swtaarrs · · Score: 2, Informative

    I'm surprised how many people have unsecured wireless access points. I'm not talking about WEP, just basic access restricton based on MAC address. I have a Linksys wireless router, and I have it set to only allow certain wireless MAC addresses to connect. If a friend with a wireless laptop is visiting or for some reason I get a new wireless adapter, all I have to do is log into the router from a wired computer or one that already has access , find the denied MAC address in the access logs, and allow it access. Nothing has to be done on the client machines, and I don't have to worry about wardrivers.

    1. Re:Wireless security by Anonymous Coward · · Score: 2, Informative

      I have it set to only allow certain wireless MAC addresses to connect. If a friend with a wireless laptop is visiting or for some reason I get a new wireless adapter, all I have to do is log into the router from a wired computer or one that already has access , find the denied MAC address in the access logs, and allow it access. Nothing has to be done on the client machines, and I don't have to worry about wardrivers.

      This is informative? Do you know it takes 5 seconds to change a MAC address in windows 2000 or any unix?

    2. Re:Wireless security by Anonymous Coward · · Score: 0

      Until they steal your plain text passwords and/or spoof your mac. ^_^

    3. Re:Wireless security by Anonymous Coward · · Score: 1, Informative

      yeah, but you have to sniff the network to find an appropriate mac address to use.

      given that many AP's don't see much traffic and that there might be others in range, someone would rather find another AP than go through all the effort of getting a Mac

    4. Re:Wireless security by Anonymous Coward · · Score: 0

      Trivial, it'd only take one packet, albeit an expiring ARP cache to get a MAC.

      Security through obscurity.

    5. Re:Wireless security by Anonymous Coward · · Score: 0
      Security through obscurity.

      Not even. It's not security at all. It's like posting your password on your front door.

    6. Re:Wireless security by jonbrewer · · Score: 1

      This is informative? Do you know it takes 5 seconds to change a MAC address in windows 2000 or any unix?

      Do you know how many possible MAC addresses there are? Aren't there something like 64^6... (~70 billion) Not a particularly easy number to guess.

      Now if you can pick the MAC address of a computer already online and communicating with the base station out of the air, and hijack that, then shut off the computer whose MAC you're stealing, then, maybe you have a chance.

    7. Re:Wireless security by cloudmaster · · Score: 1

      It shouldn't be that big fo a deal - as long as you're not transmitting and receiving at *precisely* the same time as the other computer, your data stream should arrive just fine. Remember how wireless is essentially a broadcast, and cards determine if they should receive the data or not based on the MAC? The machine the data's inteded for gets the data it asked for, and the other one gets it, but discards it because there's nothing to do with it. Try putting two machines on a hub as set the MACs to be the same - most of the time, the 2 connects will be fine. A wireless acess point works the same way as a hub.

      Or, sit outside the WAP for a while and record which MACs get data (that couldn't be terribly difficult). Wait until one lies dormant for a moment, and switch to that one. Write script to automate changing your card's MAC. Profit.

  26. This story has many sexual references by xintegerx · · Score: 2, Funny

    This story should be rated M. It has many sexual references, including:

    "laid"
    "busting"
    "police found the driver--with no pants on--" (so they find that guy but couldn't find their pants first?)"
    "serious ramifications"

    Check out this author's hidden meanings! I think we know who's going to be applying for that spot of porn viewer at that PD! "I'm just doing research for my next article!"

  27. Re:Well by Rosco+P.+Coltrane · · Score: 0, Flamebait

    You Sir are a genius : you manage to tack on a completely unrelated story a lame Mac/PC flamebait. Bravo ...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  28. Carpet Stains by Sponge+Bath · · Score: 1

    What a freak! I'm sure this character kept stains on the carpet of his vehicle to count coup Lewinski style. Piling on the charges (theft of comm) to nail this fool isn't itself a bad thing but it is annoying to have another tenuous connection paraded in the press between tech and child porn.

  29. Blame the victim? by John3 · · Score: 1

    Blame for what? In Canada people don't even lock their front doors (at least the one's interviewed by Michael Moore in "Bowling for Columbine"), so I wouldn't expect them to lock their WiFi.
    Maybe the homeowner is stupid for allowing someone to eat up his bandwidth and access his network, but no way you can "blame" him for any of the criminal activity.

    --
    "We make our world significant by the courage of our questions and by the depth of our answers." Carl Sagan
    1. Re:Blame the victim? by AJWM · · Score: 1

      In Canada people don't even lock their front doors (at least the one's interviewed by Michael Moore in "Bowling for Columbine")

      One more thing not to believe Michael Moore about. I lived in Canada for more than 25 years, everyone I knew locked their doors. (Well, may have been one or two exceptions.)

      Of course, "Bowling for Columbine" was a work of twisted fantasy masquerading as a documentary anyway. (I live in the Columbine HS school district, some of my neighbors' kids are students there.)

      --
      -- Alastair
    2. Re:Blame the victim? by tarp · · Score: 1

      Yeah, maybe in some rural hamlets people don't bother locking their doors...

    3. Re:Blame the victim? by Anonymous Coward · · Score: 0

      Yeah, that's right... cuz you know, 3 people interviewed out in Bumblefuck, Ontario, somewhere outside Toronto, provide an accurate representation of the entire country.

      Sure, people leave their doors unlocked when they're home, because it's pretty unlikely that anyone's going to come in and walk out with your TV while you're sitting on the couch. Everyone I know locks their doors at night, and when they're not home.

      As for wifi security... do you honestly believe that just because some Canadians trust their physical neighbors, that means we think the rest of the world is a magical fairy wonderland where everyone gets along?

      Repeat after me: Canada != Disneyland.

  30. rated M for "Michael Jackson" by xintegerx · · Score: 1

    that's who will be applying for that job, besides the author.

  31. Not funny by Anonymous Coward · · Score: 0

    stupid faggoty slashdot dweeb humour

  32. Well, of course... by Faust7 · · Score: 1

    Of course the laptop was in a hand.

    To leave it on your lap when you're nekid from the waist down would be to risk sterilization by cauterization.

    1. Re:Well, of course... by bhtooefr · · Score: 1

      Use a Pentium M, sit it on the other seat, underclock the CPU, use a laptop cooling pad, etc., etc.

    2. Re:Well, of course... by Anonymous Coward · · Score: 0

      Really? You could get sterilized that easily? Why does anyone bother to have a doctor do it? ;-)

  33. Re:Well by PPGMD · · Score: 1

    Too bad with Windows XP (the first Windows OS made after WiFi because semi-popular) it is that easy.

  34. aren't we brilliant now. by paroneayea · · Score: 1

    I wonder what he was thinking? "Hm. I'm afraid of being caught for looking at child pornography... so I'll beat off in the car while driving the wrong way while I download the child porn onto my laptop. Ain't nobody gonna catch me now!"

    --
    http://mediagoblin.org/
    1. Re:aren't we brilliant now. by AndroidCat · · Score: 1

      You know, what with everything else, the cops probably forgot to give him a breathalyzer test. Gotta be drugs or booze involved.

      --
      One line blog. I hear that they're called Twitters now.
  35. MAC Filter by Anonymous Coward · · Score: 0

    This was obviously someone without much knowledge in wireless networking. I personally have been too lazy to setup SSIDs, so I just do MAC filters for all of my computers, tedious to set it up, but once it's done it's done. No need to remember numbers after a format or anything.

    1. Re:MAC Filter by AndroidCat · · Score: 1

      And this stops someone who sniffs your MACs and uses one, how exactly?

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:MAC Filter by Bartosz_Junik · · Score: 1

      It doesn't, but this guy was out looking for kiddie porn. I doubt he was trying too hard to access one AP. If he couldn't access that one he'd have moved on I'm sure.

    3. Re:MAC Filter by peekitty · · Score: 1

      Because a MAC address is worthless if the AP is also using WEP. At worst it could be used to launch a deauth attack, but such an attack won't allow one to associate with a WEP'd AP.

    4. Re:MAC Filter by AndroidCat · · Score: 1

      And then it's not the MAC address, but the security of WEP that's protecting your AP.

      --
      One line blog. I hear that they're called Twitters now.
  36. "from the waist down".. by Newtlink · · Score: 0

    hahaha..

    Canadian War Jerking..

    hahaha...

    --
    i hate microsoft.
    1. Re:"from the waist down".. by Anonymous Coward · · Score: 0

      hahaha

  37. Re:OH COME OFF IT ALREADY YOU MORONIC TWIT by Dwonis · · Score: 1
    Should we blame Ford because Firestone tires don't perform well?

    Vehicles aren't supposed to roll over when their tires fail.

  38. Don't journalists ever proofread this stuff? by beni1207 · · Score: 3, Insightful

    Investigation showed the man had hooked into a wireless computer network at a nearby house to gain access to a resident's Internet connection and download images from child pornography websites.
    The scheme, known as "war driving," allows a computer with wireless Internet capability to tap into a wireless home network and access the World Wide Web, usually without fear of discovery.


    Well there's a nice bit of yellow-press tradition. Linking war driving strongly to the child porn aspect and never mentioning that most people who do this aren't doing anything illegal with the information or access they're using. In fairness to the story, most of it was about how stupid in general this guy was being and the disgusting stuff found at his residence later, but three paragraphs at the end of the story seems to shift a lot of attention to a very minor aspect of the crime. He could have been collecting that junk from his home cable modem connection just as easily.

    1. Re:Don't journalists ever proofread this stuff? by anthony_dipierro · · Score: 1

      Linking war driving strongly to the child porn aspect and never mentioning that most people who do this aren't doing anything illegal with the information or access they're using.

      Wardriving doesn't even necessarily involve using the access, does it? I thought wardriving was simply looking for open access points, not necessarily using them.

    2. Re:Don't journalists ever proofread this stuff? by The+Only+Druid · · Score: 1

      Actually, you're mistaken. The very act of Wardriving in certain countries (obviously including canada) and certain states in the US is illegal, for a variety of reasons.

      The simple point is this: they [the homeowner] are paying for a service, whereas you [the wardriver] are accessing their service without permission, and in doing so stealing. Crime, period.

      --
      "Stumble before you crawl"
    3. Re:Don't journalists ever proofread this stuff? by iantri · · Score: 2, Insightful

      Whether it is illegal or not is not the point the parent was trying to make, I think; the article demonizes wardriving by connecting it to child-pornography (whether intentionally or through ignorance of the reporter) so that Joe Sixpack will think "Wardriving? Isn't that the thing that kiddie fiddlers do?"

    4. Re:Don't journalists ever proofread this stuff? by Anonymous Coward · · Score: 0
      The very act of Wardriving in certain countries (obviously including canada) and certain states in the US is illegal, for a variety of reasons.

      Variety? I have yet to hear one named. Even the FBI says it may be illegal. Please name just one statue that you think makes war driving illegal. By war driving, I'm referring only to passive reception, no transmission.

    5. Re:Don't journalists ever proofread this stuff? by beni1207 · · Score: 1

      Ahh...well, there are two things there. One is that "stealing" misrepresents the situation - it may be "theft of service" but then again, if somebody is watching TV and you can see in their window and you watch too, that doesn't seem a whole bunch different to me. I admit I don't know the legal details though. Also, as mentioned above wardriving doesn't even necessarily imply using any service anyway, it's just mapping out open access points. I have a hard time imagining there's anything illegal about that.

    6. Re:Don't journalists ever proofread this stuff? by The+Only+Druid · · Score: 1

      Here's the difference between peeking into a window (which, incidentally, is only legal if you do it while walking by: as soon as you stand there and stare [in the USA] its illegal, since its being a peeping-tom) and stealing wifi service: when you use their access to the internet through their wifi network, you degrade the quality of their connection. By nature, you steal bandwidth, and deprive them of legally purchased service.

      I find it comical, incidentally, that you say "stealing misrepresents the situation - it may be 'theft of service',,,". Now, how exactly do you define "theft" and "stealing", because they're pretty much interchangeable in my mind.

      --
      "Stumble before you crawl"
    7. Re:Don't journalists ever proofread this stuff? by beni1207 · · Score: 1

      Between copyright infringement and shoplifting - stealing (at least to me) implies taking property. Using somebody else's cable or internet connection isn't depriving anybody of any property, just (perhaps) the customer's quality of service and the fee you're supposed to be paying to the service provider.

    8. Re:Don't journalists ever proofread this stuff? by The+Only+Druid · · Score: 1

      See, here's the problem with your definition here (which is disturbingly similar to the standard rationale for freely spreading illegal copies of copyrighted material): you say that "using somebody else's...connection isn't depriving anybody of any property", but that shows a misunderstanding of what the nature of our economy is. You see, in our system you may purchase precisely two things: goods or services. Both are equally protected legally, in terms of your entitlement to them after your purchase.

      The reasoning is this: when you steal physical property, you clearly deprive someone of the goods they legally are entiteled to. When you create illegal copies of copyrighted material you depreive someone [copyright owner] of the money they're entiteld to for each use of their good (which is, by nature a form of service/good hybrid). When you illegally degrade someone's service (in this case by stealing bandwidth, but the more typical analogue would be if you were to perhaps steal half the water out their housepipes) you clearly depreive them of the service to which they're legally entitled to.

      This is why so many people in the legal community are disgusted with so many internet users: growing up in an online community that lets you steal without thinking about it, our generation has somehow forgotten that people paid for these things, and we're just taking it away.

      --
      "Stumble before you crawl"
    9. Re:Don't journalists ever proofread this stuff? by beni1207 · · Score: 1

      If one were to use enough resources to actually degrade the QOS of the paying customer then I agree that at that point you're depriving that person of something they're paying for. However, I definitely take issue with a couple of the statements earlier in this topic...for one thing, copyright owners are not entitled, legally or morally, to compensation for each use of their good in all cases. Fair use may not be a constitutionally guaranteed, but it is a well-enshrined legal tenet and quite honestly, even if it were utterly illegal for me to make a copy of a CD I own to take on a trip so that I don't risk losing the original, I would do it anyway. There are plenty of laws on the books that are either totally immoral or completely ass-backwards and which I therefore don't feel obligated to follow (and in some cases am personally obligated not to follow. Don't forget that history is rife with examples of laws that any reasonable person would have needed to disobey - see US states south of the Mason-Dixon line until 1865 for one.) Now, I'm not equating this situation with slavery, but there are degrees to everything. One statement earlier up said something to the effect of "You're stealing, it's a crime, period". Well, it may be a crime, but the world isn't black and white. If I'm driving down the road perfectly responsibly with the flow of traffic at 70mph, I'm breaking the law. Crime, period, right? (And speeding infractions are criminal offenses in some states) Even if it's illegal, the fact that I'm being perfectly responsible and the knowledge that speed limits are set artificially low to generate revenue from tickets combine to honestly make me just not care.

      In any case, my main objection to the whole thing remains that it focused much too much of the story on the wardriving which I think you'll agree is an extremely minor offense compared with the kiddie porn he was downloading.

    10. Re:Don't journalists ever proofread this stuff? by The+Only+Druid · · Score: 1

      Clearly, you dont understand how fair use works. There's a specific legal protection for your ability to make duplicates of your own purchased intellectual property, for your use. There's no problem whatsoever with this. The problem is when you distribute it to others. I'll agree with the people who claim that the DCMA is illegal, and frankly I'll agree that its a waste of resources for these companies to figure out ways to implement copyprotection (since they're inevitably broken), but thats not what we were talking about. We were talking about a man stealing a service. Stealing is a crime, period, always. Speeding is a crime, period, always (with the single exception granted by law being a life-threatening emergency).

      --
      "Stumble before you crawl"
  39. Oh my... by Loki_1929 · · Score: 5, Funny

    "The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street, with a laptop in hand [downloading child pornography]."

    I should think that perhaps the "Theft of Communications" charge is the least of this individual's problems. That's really one for the record books there, almost to the point of being a publicity stunt of some sort. Naked from the waist down, driving the wrong way on a one-way street, using a laptop, and downloading child pornography. What do you say to something like that? I mean that for each person.

    [Suspect] "There a... problem officer?"

    [Officer] "Do you know why I pulled you over?"

    -blank stare-

    [Officer] "You were driving the wrong way down this one-way street."

    [Suspect] "Oh my, well I'm sorry about that, officer..."

    [Officer] "Well, I'm afraid I'm going to have to write you a... hey, where are your pants?!"

    [Suspect] "Oh.. well.. I'm getting them clea..." -gets cut off by cop-

    [Officer] "What is that? Are you using a laptop computer while driving sir??"

    [Suspect] "Well, I uhh..." -gets cut off again-

    [Officer] "What the HELL is that??!! Is that child pornography??!! Oh God..

    [Suspect] "No, no! It's not what you think!"

    [Officer] "Just where the hell are you getting that from?! Oh, so you're connected to someone's wireless internet from here???"

    -Cop thinks to himself: "how the hell am I going to write this one up?"

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    1. Re:Oh my... by AndroidCat · · Score: 1
      -Cop thinks to himself: "how the hell am I going to write this one up?"

      Theft of telecommunications obviously, that's worse than murder!

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:Oh my... by Artifakt · · Score: 1

      This may be a variant on suicide by cops. Do so much obviously stupid stuff that they put you away for-effectively-ever, and you can't give in to those sick urges again. Maybe he'll insist on being his own lawyer too.

      --
      Who is John Cabal?
    3. Re:Oh my... by d3faultus3r · · Score: 1

      The trick is to commit crimes so confusing that police feel too stupid to even write a crime about them. --Aubrey from the webcomic Something positive.
      That basically sums up my feelings about this crime. It's so over the top and ridiculous you wonder how on earth anyone would be so stupid to do it.

      --
      read my blog
      musings on politics and technol
    4. Re:Oh my... by Wolfrider · · Score: 1

      --Pity the poor cop, the paperwork on this one's gonna be a stone bitch -- not to mention the SIGHT of that idiot perp in the car. (shudder) I bet he's gonna need some counseling, or at least a coupla days off.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  40. MAC Filter? by Bartosz_Junik · · Score: 1

    This was obviously someone without much knowledge in wireless networking. I personally have been too lazy to setup SSIDs, so I just do MAC filters for all of my computers, tedious to set it up, but once it's done it's done. No need to remember numbers after a format or anything.

    1. Re:MAC Filter? by PhoenixOne · · Score: 1
      This might help, but I don't think everybody surfing for child porn uses a Macintosh computer. ;)

      --
      Spell cheek you've failed me four the last thyme!
  41. Re:This won't stop me by Paradise+Pete · · Score: 1
    This is not theft, it's done all in the name of education.

    Gotta be a troll.

  42. Canoe, fscking close to water? by AndroidCat · · Score: 2, Informative
    For those that distrust that the news links are all via canoe.ca, here's The Toronto Star. I also heard the news item first on CBC Radio.

    I guess that open WiFi router didn't have the Belken auto-anti-pr0n nagger eh?

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:Canoe, fscking close to water? by iantri · · Score: 1

      Just out of curiosity, what's wrong with canoe.ca?

    2. Re:Canoe, fscking close to water? by TheLoneDanger · · Score: 1

      Canoe is the site for The Sun newspapers which are thought of by a good many people as not much better than the tabloids.

      Or at least that's what I'm guessing. The Toronto Sun at least is right-wing, highly biased and somewhat sexist.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    3. Re:Canoe, fscking close to water? by iantri · · Score: 1

      Googling for "canoe toronto sun" I see that they are related. Well, I now have another news site to stay clear from (a shame, too, because there aren't many Canadian sites with good tech news. Know any?)

  43. Your rights online? by duren686 · · Score: 3, Funny

    Excuse me, whose rights online? I know I don't feel the least bit oppressed.

    Am I to believe that there's a large enough segment of Slashdot users who would drive around downloading child porn to make this a "your rights online" issue?

    --
    Y2K Compliant since the late 1890s
    1. Re:Your rights online? by Craig3010 · · Score: 0

      Michael Jackson and Pete Townsend must be /.ers too.

    2. Re:Your rights online? by babyrat · · Score: 1

      You seem to have gotten a funny moderation, but I suspect you were serious.

      The 'rights online' part probably has to do with the 'theft of communication' charge, that would make wardriving punishable under canadian law but up to ten years in prison.

      i won't comment on whether that is appropriate or not, but it is certainly something to keep in mind if you were to feel like 'borrowing' some bandwidth from others via their wireless network.

    3. Re:Your rights online? by nixman99 · · Score: 1

      Am I to believe that there's a large enough segment of Slashdot users who would drive around downloading child porn to make this a "your rights online" issue?

      No, but there are a lot of people who will rethink their public wi-fi points.

    4. Re:Your rights online? by dvdeug · · Score: 1

      Am I to believe that there's a large enough segment of Slashdot users who would drive around downloading child porn to make this a "your rights online" issue?

      The theft of communications has nothing to do with child porn. If it was proved that he was parked, full clothed, reading the Wall Street Journal online, he could still be convicted of theft of communications.

    5. Re:Your rights online? by SuiteSisterMary · · Score: 1

      Did he have the network owner's permission to use the network? No. Theft of communications.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    6. Re:Your rights online? by Zone-MR · · Score: 1

      Yes. The access point has SSID broadcast turned on, no MAC address filters, and encryption turned off. If someone configures their access point like that, you would assume they are implicitly giving the public permission to use it. It would be different had he circumvented any protections - but AFAIK there were none.

      I think with this case, the goverment is attempting to push a hidden agenda. They have the concept of practically untracable internet access, citing terrorism laws (as we all know Osama masterminded his plans over an 802.11b connection to his hi-tech command centre in Afghanistan).

    7. Re:Your rights online? by SuiteSisterMary · · Score: 1

      But that's the thing; you can't assume. In Canada, at least, there is no 'assumption' of permission; you're either explicitly given permission, or you simply do not have it.

      Not having up protections is NOT legally the same thing as opening access to the public.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  44. Errrr stupid? by spudthepotatofreak · · Score: 1

    Why didn't he just download the pr0n to the hdd, and save it for later to enjoy in the comfort of his own home... he prolly read about wardriving on /. and thought he'd try it out, stupid wanna-be geeks...

    1. Re:Errrr stupid? by Anonymous Coward · · Score: 0

      stupid wanna-be geeks...

      um, you mean slashdot?

  45. Re:Slashdot - Toys for Babies, Stuff that Rattles by Loki_1929 · · Score: 1

    I think this is one of the funniest things I've seen in a long time. I've really got to browse at -1 more often.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  46. urban legend by Sinager · · Score: 1

    mmm...is it only me thinking "unverified story" and "some new urban legends around" ?

    1. Re:urban legend by Anonymous Coward · · Score: 0

      i live in toronto, and i can assure you that this is not an urban legend, some idiot really did this.

  47. Re:This won't stop me by Anonymous Coward · · Score: 0

    I recently found an open wireless network (i.e. no WEP activation) near the campus where I teach.

    Given the quality of what you usually post, I assume you teach at a university for the mentally disadvantaged ...

  48. Actually... by Anonymous Coward · · Score: 0

    It's always in your lap.
    I suppose it could be considered a "lap-top"

  49. What laptop was it? by t0ny · · Score: 1

    Was he using an iBook?

    --

    Manipulate the moderator system! Mod someone as "overrated" today.

  50. Of course not! by AndroidCat · · Score: 1

    If he was using it and driving at the same time, it was obviously a .. Palm-Pilot.

    --
    One line blog. I hear that they're called Twitters now.
  51. Free Wireless == Terrorist Pedophilia! by Saeger · · Score: 0, Flamebait
    For the sake of the children, we should let the big telcos and the WISPs regulate and monetize this budding "community" wireless infrastructure. Also, Cisco should be the only government sanctioned monopoly allowed to manufacture SECURE DRM AccessPoints, so that subversives can be logged and censored at the router.

    Vote YES for the Wireless Terrorist Prevention Act!

    --

    --
    Power to the Peaceful
    1. Re:Free Wireless == Terrorist Pedophilia! by Anonymous Coward · · Score: 0

      Dont joke about it.
      It could happen if Bush steals the election again next year.

    2. Re:Free Wireless == Terrorist Pedophilia! by Saeger · · Score: 2, Interesting
      Flaimbait? I thought the sarcasm was obvious. Scary that someone took me seriously.

      --

      --
      Power to the Peaceful
  52. Wardriving vs. whatever the hell this is. by Anonymous Coward · · Score: 1, Informative

    Just like the "Crackers vs. Hackers" nomenclature argument, this one has gotten into the media and has been ruined.

    Wardriving doesn't have a history that is decades long, so it'll be pretty easy for people to go back and see what the scene started out as. Wardrivers didn't steal bandwidth, they mapped AP locations. If you start using other people's bandwidth, that's no longer wardriving.

    Next (and be sure you understand this), if I put my wireless card in monitor mode, then it is impossible for me to associate with your AP.

    I can appreciate that Canadian law has something on the books about interception of telecommunications and passwords and all that. I'm not speaking in favor of this child-porn idiot. One action is simply listening to your AP broadcast packets, taking note of SSIDs and things. The other is honestly scarfing bandwidth.

  53. More accurately by anvilmark · · Score: 1

    called a "joy stick" I would think...

  54. Personal Digital Assistant? by Anonymous Coward · · Score: 0

    lots of ugly possibilities here...

  55. Re:Easy by lordrich · · Score: 1

    3) would have to be highly profitable in order to negate the court costs and the likely loss of privacy. But yes, that would be about right.

  56. Sketchy terms by cvk · · Score: 2, Insightful

    From the Canadian Criminal Code, S.342.1 Unauthorized Use of Computer:

    342.1 (1) Every one who, fraudulently and without colour of right,

    Definitions (2) In this section,

    • "computer password"
    • "computer password" means any data by which a computer service or computer system is capable of being obtained or used;

    Doesn't that make a URL a "computer password?" Would I be guilty of violating S.342.1 by telling my friends to go to goatse.cx or tubgirl.com?

    It's fun to surprise our friends (and enemies) with URLs like those, but the "colour of right" is definitely lacking from such a gesture.

  57. now what... by semper_james · · Score: 1

    ....and all this time i was just trying to check my work email without having to dial in.

    --
    -- The major difference between a thing that might go wrong and a thing that cannot possibly go wrong is that when a thi
  58. Re:OH COME OFF IT ALREADY YOU MORONIC TWIT by frogsarefriendly · · Score: 0

    Yes, vehicles with high centers of gravity do roll over when their tires fail, especially at high speeds. Be it Ford, Jeep or GM, when their tires fail like that, there will be roll overs.

  59. Re:OH COME OFF IT ALREADY YOU MORONIC TWIT by Unregistered · · Score: 1

    They do if they're "Built Ford Tough"

  60. Yeah... by soliaus · · Score: 1
    He was NOT wardriving. To quote blackwave: wardriving v. The benign act of locating and logging wireless access points while in motion.

    All this is is bad press for the wardriving community. Wardrivers do not participate in theft of service.
    The media is once again associating the term wardriving with theft of service when in reality they have absolutely nothing to do with each other.

    --
    Speaking at Defcon 12 - Credit Card Networks Revisted: Pen
  61. It's moe from the simpsons! by Monkey+Liar · · Score: 1

    They think they're so hot.. Just because they never got caught driving without pants. Random Simpsons Quote #492459

    --
    He who fights with Monkeys must take it upon himself not to become a Monkey.
  62. Wow! by Anonymous Coward · · Score: 0

    Talk about multitasking! Glad they caught that pervert. I can hear the police now, "Get your hands up! I said your hands."

  63. reminds me by jguevin · · Score: 1

    That's just like the time that I...oh, wait better post that as AC.

  64. More anti-free FUD by cyberformer · · Score: 0, Redundant

    I'm against dangerous driving and child abuse, but charging him with "theft of communications" is an extremely dangerous precendent. Using free Wi-Fi networks is something that a lot of people do, and I've even seen Steve Ballmer say that he does it. Of course, that was when he was trying to sell Windows with Wi-Fi support. He'll change his tune when Palladium arrives.

    The propaganda against free Wi-Fi is particularly worrying because most of the complaints aren't about "free as in beer" but about "free as in speech": Many powerful people within the government and corporations are trying to associate anonymous Internet access with evils ranging from pedophilia to terrorism to spam. And the Edmonton Sun article goes even further:

    The man used Kazaa, a popular file-sharing web program commonly used to share music, to download the graphic material.

    In a study using 12 words associated with child pornography, the U.S. General Accounting Office found that 42% of 1,286 files on the peer-to-peer site contained child porn.


    This is obvious BS (isn't "peer-to-peer site" an oxymoron?), but it shows that the RIAA is succeeding in its campaign to get P2P associated with child porn.

    1. Re:More anti-free FUD by aXis100 · · Score: 2, Interesting

      Using free Wi-Fi networks

      Bullshit. It wasn't free, it was unsecured. There is a difference, and dont try to kid yourself otherwise.

  65. I must be a bad person by etymxris · · Score: 1

    I leave my WAP open, it's faster and easier to setup. I could see being responsible for excessive bandwidth usage for failing to protect my WAP, but I fail to see how I could possibly be responsible for everything someone does through the connection. Should the person in this story who left his WAP open be charged with downloading child pornography? That would be ridiculous.

    There are many analogous situations we could use. Let's say I neglect to lock my front door, someone breaks in and steals a handgun. They then kill someone with the gun. Am I guilty of murder?

    Another situation. Let's say I'm packing my car, and leave stuff by the side of the car to arrange most efficiently later. If someone comes by and takes shit while I'm getting more stuff to pack, is it not stealing just because it was easy to do?

    My mother recently left her keys in her car door. If someone came by and stole the truck, then ran over someone, would she be charged with hit and run?

    1. Re:I must be a bad person by drinkypoo · · Score: 1

      She might be charged with negligence. We license people to drive in order to control who has access to a car. If you knowingly provide access to someone who is not licensed to drive, then you can be held partially liable for their actions while driving it around. If she left the keys in the car, then she doesn't know if anyone is taking the vehicle, and posession of the keys is more or less equivalent to posession of the vehicle (though this is considerably less true when it's loaded on a wrecker...)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:I must be a bad person by Grishnakh · · Score: 1

      My mother recently left her keys in her car door. If someone came by and stole the truck, then ran over someone, would she be charged with hit and run?

      YES, in some states, as another poster on this thread mentioned. If you're irresponsible like that, you can be held accountable for your actions.

      Same thing with unsecured APs. If you're too damn lazy to secure it (which you've just admitted to), you're completely responsible for anything passersby do with that AP.

      You other analogies are inapplicable because they involve people trespassing on your property. Your neighbors and people driving down your street can use your AP, because you're irresponsibly broadcasting signals into their property. If you throw a handgun into your neighbor's yard, and he uses it to shoot his wife, you're going to jail as an accomplice to murder.

    3. Re:I must be a bad person by etymxris · · Score: 1
      My mother recently left her keys in her car door. If someone came by and stole the truck, then ran over someone, would she be charged with hit and run?
      YES, in some states, as another poster on this thread mentioned. If you're irresponsible like that, you can be held accountable for your actions.
      Show me some case law that supports you position. Otherwise, I simply disagree.

      If you throw a handgun into your neighbor's yard, and he uses it to shoot his wife, you're going to jail as an accomplice to murder.
      Again, I challenge you to show some case-law that would support such a position.

      Besides, the problem is that having an open WAP is in most cases negligence at worst, rather than voluntary act.
    4. Re:I must be a bad person by Moofie · · Score: 1

      There is a bright line between somebody taking an object out of your house, and using bandwidth that is billed at a flat rate.

      If you were paying by the kilobyte, sure.

      In any case, the owner of the connection should not be liable for anything another user does with it, secured or not. But I don't think that's what's going on in the article...just in the fevered imagination of some /.ers. : )

      --
      Why yes, I AM a rocket scientist!
    5. Re:I must be a bad person by etymxris · · Score: 1

      I completely agree with you. If someone was leeching off my connection, then the ISP would be justified in holding me at least partially responsible for the extra bandwidth. But I disagree with others who think I should be responsible for illegal acts such leechers may perform.

    6. Re:I must be a bad person by Moofie · · Score: 1

      I don't know if I made myself totally clear, and when I do, I don't know if you're still going to agree with me. : )

      Most broadband ISPs advertise a fixed bandwidth ceiling...128/640 up/down for instance. From my perspective, as a customer paying that bill, I'm entitled to use ALL that bandwidth all the time. If the ISP didn't want me to do that, they shouldn't have advertised it that way. Now, I know that some ISPs have "soft limits", where if you're at the high end of the bandwidth consumption curve, they cap you or penalize you in some way. I don't believe this is at all acceptable.

      So in that sense, if I open my AP to anybody who happens to be near me, I don't care if ppl use it. I'm not profiting from reselling the service, but I'm operating a convenience for my neighborhood. As long as this is not prohibited under my terms of service, I don't see any problem at all doing that.

      Similarly, since I'm not doing any sort of content monitoring, I should not be liable for something Joe Public does on my connection. Again, I'm not reaping any benefit from opening my AP, I'm doing it as a good samaritan, so there's no reason I should be penalized for somebody else abusing the service.

      Of course, if this is prohibited under my TOS, I shouldn't be surprised if my ISP gets pissy. : )

      --
      Why yes, I AM a rocket scientist!
    7. Re:I must be a bad person by Grishnakh · · Score: 1

      Oh please. You'd probably disagree if I told you shooting someone in the head is convictable as murder, because I don't have a reference to case law to prove it.

      Go find your own case law.

      Otherwise, when your car gets stolen because you left the keys in the door, and used in a murder, and you're sued for neglegence or somehow held responsible (depending on your local laws), you can whine to the judge about how some guy named "Grishnakh" on www.slashdot.org told you this, but didn't have any case law reference to prove it, so you don't feel like you should be held responsible, and see if he agrees.

    8. Re:I must be a bad person by Anonymous Coward · · Score: 0
      Sorry, but you don't know what the fuck you're talking about. At best, you're blurring all kinds of lines between civil and criminal law. A case for negligence might be made in these cases, but negligence is not even in the same fucking ballpark as accessory to murder, which is what you said originally.

      Provide a reference, or STFU. You're the one making the outrageous claim, so the burden of proof is on you.

    9. Re:I must be a bad person by Grishnakh · · Score: 1

      Keys in car: negligence
      Throwing gun in yard: accessory

      Why the fuck would you be throwing a gun in someone's yard if it weren't for them to kill someone with? That's strong evidence for accessory to murder, not just negligence.

      How about this: read my posts more carefully, or Shut the FUCK up. Or better yet, sign up with a real name, or shut the FUCK up.

      FUCK YOU.

    10. Re:I must be a bad person by Wolfrider · · Score: 1

      > So in that sense, if I open my AP to anybody who happens to be near me, I don't care if ppl use it. I'm not profiting from reselling the service, but I'm operating a convenience for my neighborhood. As long as this is not prohibited under my terms of service, I don't see any problem at all doing that.

      --Common sense would tell you to provide some means for whoever "sees" your network to receive a notification that it is indeed OK to use it. At least letting them know it's OK is just plain courtesy.

      --However, it's kind of like leaving a sign on your front door saying "Go ahead, come in and use the bathroom and phone" - you don't know WHO you'll have walking in the door at odd hours, and it will certainly cramp your browsing if they start downloading a 700MB ISO or the like.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    11. Re:I must be a bad person by Moofie · · Score: 1

      That's a good idea, but I don't know how you'd do it (other than having something cryptic in the SSID). I wonder if it would be possible to Belkin the first HTTP request, and forward you to a "Hey! Welcome to my network! Wipe your feet!" page. That would be a nice feature.

      The next nice feature would be MAC-based quotas and/or throttling. "Any MAC not on this whitelist gets 200K/sec and a 20mb/day limit". Or something.

      --
      Why yes, I AM a rocket scientist!
    12. Re:I must be a bad person by Wolfrider · · Score: 1

      --You might be able to do something like this with Squid or another proxy server, not sure.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    13. Re:I must be a bad person by Moofie · · Score: 1

      Interesting idea. Do you know if DHCP can automagically set a proxy server? I've never seen an implementation that does that. Perhaps you could do it by using a computer as a router, instead of a pizza box like the Linksys router/access point.

      Hmmm...

      --
      Why yes, I AM a rocket scientist!
    14. Re:I must be a bad person by Wolfrider · · Score: 1

      --Look into it, and feel free to email me if you get something workable; I'd be interested to know. I think Squid does http acceleration on port 80, but my knowledge is limited there - I don't do any web serving (apart from bittorrent) and all I use is port 3128 for proxy caching.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  66. Re:Well by HeghmoH · · Score: 1

    Too bad it took MS that long. I bought a Mac and an airport base station in 1999, and they worked together flawlessly.

    Also, I'm running my network with WEP off (but it only allows MAC addresses that are on my list, not perfect, but at least better than nothing) because my girlfriend's XP laptop refuses to connect to the encrypted network, no matter what I do.

    --
    Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  67. new meaning by Anonymous Coward · · Score: 0

    Brings new meaning to WAP..... /ducks

  68. this almost happened to me once..!! by mantera · · Score: 1



    I had just bought my smartly oversized black pants the day before, and I had this very important business client at work who's just arrived and was led into my office by the receptionist, as I rose to enthausiastically shake hands with him and exchange warm cliches, I then sat down again to only hear my pants being torn by the velocity of my weight and the snaky arm of the antique chair that accidentally got into my pocket. Talk about creating first impressions!!...

    After the meeting I still had other clients at work that afternoon so I rushed home to quickly change and return before they arrive, only to piss off some drivers at a traffic jam and be stopped by a gray-haired cop who after approaching me froze for a few seconds with a gaze of alarmed puzzlement to see what must've looked like I had my pants unzipped, my boxers visible, and my hand on my groin.

    Talk about misfortune on an otherwise beautiful summer afternoon...

  69. And a laptop... by Illbay · · Score: 1

    ...was the ONLY THING he had in hand?

    --
    Any technology distinguishable from magic is insufficiently advanced.
  70. Good... by John+Courtland · · Score: 1

    It's Darwinism, just in modern day. That fucking piece of shit is gonna stay behind bars for being retarded, hopefully the inmates rape him in half. I can't stand child pornographers, fucking wastes.

    --
    Slashdot is proof that Sturgeon's Law applies to mankind.
    1. Re:Good... by Anonymous Coward · · Score: 0
      But... but... if the piece of shit is raped, he'll have shit-babies, and his shit-genes will live on to express the sickness!

      I'm afraid we'll have to remove his rectum first --- for the good of society.

    2. Re:Good... by Anonymous Coward · · Score: 0

      There's no such thing as butt-babies you fucking Homophobe! It will be at least 10 years until scientists can genetically modify a rectum to have a womb capable of growing shit-babies.

  71. Securing an access point is too hard by badzilla · · Score: 1

    It's no surprise to me that Joe Sixpack does not secure his wireless access point - I'm amazed he even gets it to work.

    Half the time the administration utilities don't function, the unit's own IP address is something unreachable (unless Joe knows howto create static routes) like 192.168.1.100, and don't even get me started on the horrible problems of WEP keys on Windows XP pre- and post- SP1.

    Until these devices can be setup easily in a secure way by a normal person we'll continue to have plenty of unexpectedly wide-open SoHo networks.

    --
    "Don't belong. Never join. Think for yourself. Peace." V.Stone, Microsoft Corporation
  72. You know you're a gamer when.. by iantri · · Score: 1

    .. you first think that it should be rated "M" and not "AA" (that's "R" to you Americans.) :)

  73. esr no longer missing! by Anonymous Coward · · Score: 0

    this means that eric s raymond has turned up! was wondering where he disappeared.

  74. Its was *open* for use by nurb432 · · Score: 2, Insightful

    CP issues aside, how can you be convicted of 'stealing' when you used a presumed open/free service.

    Since public wireless does exist, and isn't that uncommon, you can safely assume that if you run across an UNSECURED signal its for public use... Be it from a persons house or the nearby cyber cafe.. you cant be 100% sure where that signal is coming from anyway....

    Now if its encrypted, or otherwise secured , THEN you might have a case...

    However, considering 90% of home broadband is flat rate, ( and a lot of dedicated business service is too ) since when is the bandwidth being 'stolen'? that's almost as bad as saying music piracy is theft.. ( if the home owner had pay per use, or if you blow their monthly cap and incur charges.. sure, then its theft of service.. )

    --
    ---- Booth was a patriot ----
    1. Re:Its was *open* for use by YrWrstNtmr · · Score: 1

      Since public wireless does exist, and isn't that uncommon, you can safely assume that if you run across an UNSECURED signal its for public use

      How so? Just because it is 'there' does not automatically equal anyone can use it. It obviously belongs to someone. Just as obviously, you should ask them, and not assume that everything is there just for your use.

      However, considering 90% of home broadband is flat rate, ( and a lot of dedicated business service is too ) since when is the bandwidth being 'stolen'?

      Since a lot of broadband is flat rate price, but metered as far as a bit limit, IMHO that should be stealing. If my connection is limited to 1GB d/l per day (as some cable companies do), and you, the wardriver uses up 950MB...I no longer have use of my bought and paid for bandwidth. Even if no actual additional charges are incurred.

    2. Re:Its was *open* for use by TheLoneDanger · · Score: 1

      However, considering 90% of home broadband is flat rate, ( and a lot of dedicated business service is too ) since when is the bandwidth being 'stolen'?

      Rogers has begun to suspend the accounts of high-bandwith users (while still charging them!). They advertise unlimited usage, but disguise this as a violation of the end-user agreement.

      Article from the Toronto Star (Link'll probably be gone for non-subscribers by tomorrow.)

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    3. Re:Its was *open* for use by smkndrkn · · Score: 1, Flamebait

      Yeah and some people who own open markets give away free apples. Why should I assume that taking one every now and then is not OK? Afterall they didn't secure the apples within the store.... be serious.

      --
      ======== In the future, everything will be artificial. ========
    4. Re:Its was *open* for use by drinkypoo · · Score: 1

      You're stealing the ISP's bandwidth. The ISP charges for bandwidth based on what people will use on average if they are not an open AP, split up between all the broadband customers in a market area.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Its was *open* for use by Anonymous Coward · · Score: 0

      Rogers has begun to suspend the accounts of high-bandwith users (while still charging them!). They advertise unlimited usage, but disguise this as a violation of the end-user agreement.

      Isn't running an open access point also a violation of the end-user agreement?

    6. Re:Its was *open* for use by Anonymous Coward · · Score: 0

      I think you've managed to be wrong on every single issue. I'm sure it serves your interest, though.

    7. Re:Its was *open* for use by Hatta · · Score: 1

      So if I run an open AP on my cable connection for the explicit purpose of making it public, someone who uses my AP is stealing from my ISP? I frankly don't care how the cable company sets its rates. Their business model is none of my business. So unless the TOS prohibit it, I'm gonna do whatever I want. If they can't make money, they should have thought a little harder.

      --
      Give me Classic Slashdot or give me death!
    8. Re:Its was *open* for use by drinkypoo · · Score: 1

      The AUP generally prohibits you from redistributing traffic.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  75. Hmmm by carcosa30 · · Score: 1

    Sounds like they caught this guy redhanded.

    --
    Intolerance for ambiguity is the mark of the authoritarian personality.
    1. Re:Hmmm by timerider · · Score: 1

      whitehanded, more likely...

  76. He must have been using this: by Anonymous Coward · · Score: 0

    With this not-even-mildly-worksafe device from Japan, he could have had one hand on the wheel, one on the laptop, and was taken care of downstairs.


    Thank God for innovation!

  77. Re:Well by PPGMD · · Score: 1

    Must be something wrong with her driver install because I have no problems with any of my computers and WEP.

  78. wardriving is not a crime by Anonymous Coward · · Score: 1, Insightful

    WarDriving v. The benign act of locating and logging wireless access points while in motion

    wardriving is not a crime, and it seems that only we as wardrivers know it... the media spreads propaganda that wardrivers are malevolent attackers that we are out to attack and abuse the WiFi-planet )EARTH( and get phree Internet by stealing services; sniffing unauthorized networks in search of passwords; reading your email; blackmailing companies that are not secure... ALL LIES! PROPAGANDA being spread and blindly accepted by governments and its masses... such DISINFORMATION must be rectified!

    Use this apparel as a statement for your local wardriving events, conventions, or when just going out to get some lunch. Let the world know you are sick of being compared to terrorists and convicted criminals. Let the world know you are not a pawn in their politics.... This shirt is a top quality Gildian 100% cotton BLACK T-Shirt with silk-screened lettering 'wardriving is not a crime' across the front in white. There are limited quantities of these shirts, shipping in the United States is FREE, outside the US there is a 5.00 Shipping/Handling fee.

    Sizes range from Small to XXL for Crew neck, and Small to Large for Babydoll Tee's, and you may order more than one to send to your wardriving friends, spouses, offspring and law enforcement agencies...

    wardriving defined:
    wardriving v. The benign act of locating and logging wireless access points while in motion. - blackwave

    History of WarDriving:
    WarDriving was invented by Peter Shipley and now commonly practiced by hobbyists, hackers and security analysts worldwide.

    More definitions of WarDriving:
    http://www.dis.org/shipley/ :{Shipley}: "Most recently I invented Wardriving, while I am not the first person to go out and search for open wireless LANS (a few before me ventured around with in a with a laptop, pencil & paper manualy scribbling notes). I was first to automate it all with dedicated software and a GPS. When I started this project the usage or WEP was around 15%, after going public with my findings, a year later WEP usage is now 33%. Thus is good to know people are getting the message. Some maps I generated from these exercises can be found at http://www.dis.org/wl/maps/. "

    http://www.wardriving.com/about.php : War Driving (wor dri'vin) v. 1 Driving around looking for unsecured wireless networks. -term coined by Pete Shipley

    http://www.seattlewireless.net/index.cgi/WarDriv in g : WarDriving v. The searching for wireless networks by means of a roaming (driving, walking, busing?) wireless client. Sometimes accompanied by a high gain antenna and GPS.

    What wardriving is NOT:
    wardriving is NOT illegal or unlawful in any form or fashion in the United States.
    wardriving is NOT about theft of services.
    wardriving is NOT about unauthorized access.
    wardriving is NOT a crime!

    http://www.wardrivingisnotacrime.com/

  79. Usual Whining For Special Treatment by reallocate · · Score: 1

    If you open a second-floot window in my house, walk around the living room, and leave by the same window, you may not have done me or the house any physical harm, but you'd better believe I'm filing charges.

    I agree that you don't deserve 10 years in prison for stealing bandwidth, but how about 30 days and a hefty fine?

    Every time /. posts a story like this, a bunch of folks get on and whine that no one was harmed and that no crime was committed. That's silly. Crimes are defined in the criminal codes. You may disagree sometimes, but your disagreement is no defense in court.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 1

      If you open a second-floot window in my house, walk around the living room, and leave by the same window, you may not have done me or the house any physical harm, but you'd better believe I'm filing charges.

      I wouldn't do that without a really good reason, so you probably wouldn't win that case.

      I agree that you don't deserve 10 years in prison for stealing bandwidth, but how about 30 days and a hefty fine?

      How about nothing since I didn't steal anything?

      Every time /. posts a story like this, a bunch of folks get on and whine that no one was harmed and that no crime was committed. That's silly. Crimes are defined in the criminal codes. You may disagree sometimes, but your disagreement is no defense in court.

      I never said that no crime was committed.

    2. Re:Usual Whining For Special Treatment by reallocate · · Score: 1

      Your reason for breaking into my house are irrelevant.

      Entering a house without permission is usually defined as trespassing. Opening a second-floor window and entering a house without permission sounds to me like breaking and entering.

      And you did steal bandwidth. You consumed it without my permission. That's theft. As I said, whether or not you think you did me no harm is no defense.

      --
      -- Slashdot: When Public Access TV Says "No"
    3. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 0

      Your reason for breaking into my house are irrelevant.

      No it's not.

      Entering a house without permission is usually defined as trespassing. Opening a second-floor window and entering a house without permission sounds to me like breaking and entering.

      Usually. But what if your house is on fire? Then it's not breaking and entering, and if you sued me you'd lose.

    4. Re:Usual Whining For Special Treatment by reallocate · · Score: 1

      One can always conjure extraordinary circumstances. The possibility that something extremely unusual or rare might happen doesn't nullify the intent of the law.

      For example. you might be suffering from dementia, and entered my house under the impression that it was your own. That fact would not stop me from filing charges. (We're talking about criminal charges, not a lawsuit, as your suggested.) If you could prove your dementia in court, you'd likey not be convicted.

      However, if you broke into my house while it was on fire, you're defense would be considerably weaker. You, of course, suggest that you entering my house in order to warn me of the fire. If I was not at home, or if you made no attempt to warn me, I will certainly argue that forcing an entry through a second-floor window, rather than using the front door, is evidence of breaking and entering and an intent to use the fire to camouflage your activities.

      --
      -- Slashdot: When Public Access TV Says "No"
    5. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 1

      One can always conjure extraordinary circumstances. The possibility that something extremely unusual or rare might happen doesn't nullify the intent of the law.

      One should be more careful to consider extraordinary circumstances before making unequivical statements. As I said, I'd need a realy good reason before I'd do it. But if I had one, then I'd win the case.

      However, if you broke into my house while it was on fire, you're defense would be considerably weaker.

      No. I'd win. I'm sure of it.

      If I was not at home, or if you made no attempt to warn me, I will certainly argue that forcing an entry through a second-floor window, rather than using the front door, is evidence of breaking and entering and an intent to use the fire to camouflage your activities.

      Of course. Try before you pry, is what they taught us in fire school. I'm not going to go in through a second floor window unless there are some pretty unusual circumstances. But if those circumstances ever arose, I'd break in, and if you had the balls to file charges, I'd beat them.

    6. Re:Usual Whining For Special Treatment by reallocate · · Score: 1

      Even if you did win, the exception does not prove the rule.

      Using a portion of the bandwidth purchased by someone else without that person's permission is theft, as defined by the law of Canada. What you or I think it should has no bearing. Your analogy about fires is irrelevant; the kind of stuff sophomores try in debating class or after one too many beers.

      --
      -- Slashdot: When Public Access TV Says "No"
    7. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 1

      Even if you did win, the exception does not prove the rule.

      Of course not. The exception disproves the rule.

      Using a portion of the bandwidth purchased by someone else without that person's permission is theft, as defined by the law of Canada.

      Yep, sure is.

      Your analogy about fires is irrelevant; the kind of stuff sophomores try in debating class or after one too many beers.

      I never made an analogy. You made a statement: "Your reason for breaking into my house are irrelevant." I disproved your statement. That's how the example of fires came into play.

    8. Re:Usual Whining For Special Treatment by reallocate · · Score: 1

      No, the exception doesn't disprove the rule.

      Are you seriously proposing that laws against breaking and entering or trespass are "disproved" because you say you went to a "fire school" in which you claim someone said you could break into a house with impunity if it was on fire?

      In any case, none of your posturing is relevant to the issue at hand: Believing that theft is not theft does not make the thief any less guilty.

      --
      -- Slashdot: When Public Access TV Says "No"
    9. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 1

      No, the exception doesn't disprove the rule.

      Sure it does.

      Are you seriously proposing that laws against breaking and entering or trespass are "disproved" because you say you went to a "fire school" in which you claim someone said you could break into a house with impunity if it was on fire?

      No, I never disproved a law. I disproved your statement that "Your reason for breaking into my house are irrelevant."

      Furthermore, state law is perfectly clear on this point. I'd show you the law, but http://lis.njleg.state.nj.us/ is down (as is all too common).

      In any case, none of your posturing is relevant to the issue at hand: Believing that theft is not theft does not make the thief any less guilty.

      Oh, is that the issue? Then we're in perfect agreement.

    10. Re:Usual Whining For Special Treatment by reallocate · · Score: 1

      >> I disproved your statement that "Your reason for breaking into my house are irrelevant."

      So what?? I drew the analogy to refute the whining hordes who post in repsonse to this kind of story, all of them trying to assert, in their own semi-literate fashion, that a crime isn't a crime when "no one is hurt". If that assertion is true, then breaking-and-entering is not a crime if no one is hurt. Of course, the assertions are wrong. The fact that you found one exception in NJ code (or, so you say) doesn't bear on that point.

      --
      -- Slashdot: When Public Access TV Says "No"
    11. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 1

      I drew the analogy to refute the whining hordes who post in repsonse to this kind of story, all of them trying to assert, in their own semi-literate fashion, that a crime isn't a crime when "no one is hurt".

      Well that's kind of obvious, isn't it. A crime is always a crime. That's what makes it a crime. If it wasn't a crime, then it wouldn't be a crime. But it is a crime, so it's a crime.

      The fact that you found one exception in NJ code (or, so you say) doesn't bear on that point.

      I guess I got confused when you replied to me. I figured you were trying to tell me something I didn't already know.

    12. Re:Usual Whining For Special Treatment by SuiteSisterMary · · Score: 1

      Fire School...are you a fireman? If so, then you'd have a better defense than Joe Schmuck.

      Or do you think that looters, during a riot, can claim they're 'looking for people to warn?'

      Incidently, in Canada, you'd be pretty safe; we have some nice 'good samaratin' laws that protect people who really are just trying to help. In the States, though....

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    13. Re:Usual Whining For Special Treatment by anthony_dipierro · · Score: 1

      Fire School...are you a fireman?

      Yeah.

      If so, then you'd have a better defense than Joe Schmuck.

      Yeah, I probably would.

      Or do you think that looters, during a riot, can claim they're 'looking for people to warn?'

      They could try, but if they were looting there would probably be a lot of evidence to suggest that they weren't just looking for people to warn. Ultimately it'd be for a jury to decide. Personally I wouldn't break into a complete stranger's house unless A) I was certain there was someone in danger and I was fairly certain that I wouldn't be putting myself in serious danger by breaking in or B) my chief or some other officer told me to (of course if I ever became an officer there would be some kind of C option). If I just see some random house on fire I'm going to call 911 and stay out just like everyone else.

      Incidently, in Canada, you'd be pretty safe; we have some nice 'good samaratin' laws that protect people who really are just trying to help. In the States, though....

      Here in NJ we have good samaratin laws too. Like I said, I'd win the case.

  80. possible spam technique as well? by mabu · · Score: 1

    This makes me wonder if this could be the next spamming technique if it's not already in use? Wardrive through a neighborhood and jack into someone's network and send out spam.

    1. Re:possible spam technique as well? by Colonel+Cholling · · Score: 1

      This is being done. If I'm not mistaken, there was a /. article about the practice ("War-spamming") not too long ago.

      --

      I am Sartre of the Borg. Existence is futile.
    2. Re:possible spam technique as well? by AndroidCat · · Score: 1

      Of course it's being done. These days there's a lot of spam coming from home DSL connections. Many of them are open proxies or trojan zombied boxes. But I'll bet that a fair number are open WiFi.

      --
      One line blog. I hear that they're called Twitters now.
  81. This won't stop me either, with your logic... by CreateWindowEx · · Score: 1
    I recently found an open second-story window (ie., no working lock) near the campus where I teach music theory.

    In order to allow my students to listen to music, and because our equipment budget is small and hence we don't have stereo equipment in classrooms, I was forced to, along with several students, carry out an activity in the middle of the pitch black night in the name of education.

    That's right -- myself and several students built a ladder and climbed into the window (in a studio nearby) to steal some Tannoy reference speakers and installed them in my third floor office/teaching area.

    The students can now freely enjoy high quality sound reproduction, and I for one won't budge. This is no theft, it's all done in the name of education.

    I dare somebody to sue me. Oh, and by the way... we use tube amplifiers.

    (Sorry, I just couldn't stop myself!)

    1. Re:This won't stop me either, with your logic... by shepd · · Score: 1

      That's way off...

      Now, if you said you built a laser Microphone with 90 dB directional gain and pointed it at the guys window so you could listen to the music he plays, you'd be ok.

      What you're saying is equivalent to the guy breaking into someone's house and covertly installing a WAP.

      Remember, whatever comparison you want to make, it has to be done without touching the homeowner's property at all.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    2. Re:This won't stop me either, with your logic... by CreateWindowEx · · Score: 1
      Now, if you said you built a laser Microphone with 90 dB directional gain and pointed it at the guys window so you could listen to the music he plays, you'd be ok.
      Well, that's not a very good analogy either. By tapping into this business' wireless network, he is using up bandwidth that the business is paying for. Imagine the students are continuously downloading pr0n while the business is trying to download some mission-critical data. Time is money.

      Pointing a microphone at his window and listening in on whatever music the guy happens to be playing is passive sensing, perhaps an invasion of privacy but doesn't affect anything in the house. Using a wifi is a two-way transaction--he is sending packets to the business' WAP and forcing it to steal bandwidth from the business. I don't know if the legal system sees that the same as physically entering a building, but I would guess if you robbed a store remotely using magnets the law would find something...

      Perhaps a better analogy would be constructing a really powerful remote control that can operate this guy's stereo system and using that in addition to the laser microphone. If they only used it while the guy wasn't in his room, they would be just stealing electricity and adding wear and tear on his system, but if they used it while he was trying to listen to something else, that would be more of an inconvenience. While it's quite possible that Herr Professor is only stealing a small enough chunk of bandwidth that the business will never notice, it would be easy even accidentally to use up a bunch of bandwidth. Someone could probably sneak into my house and steal a few raisins every day out of my pantry and I wouldn't notice either.

    3. Re:This won't stop me either, with your logic... by shepd · · Score: 1

      >Using a wifi is a two-way transaction--he is sending packets to the business' WAP and forcing it to steal bandwidth from the business.

      Bingo! The effective word being "force".

      He didn't "force" the WAP to accept his packets. The WAP was configured to willingly accept them. He didn't break any encryption, and he didn't break any logins.

      >I don't know if the legal system sees that the same as physically entering a building, but I would guess if you robbed a store remotely using magnets the law would find something...

      Actaully, the law on trespass in both Canada and the US pretty much requires there either be a warning sign that the property is private, or that the "offender" has previously been personally warned that he may not access the property.

      There is no offence of "entering", only "Break and Enter", if no property is stolen. Leaving your door open to your house, having someone enter, and them having them leave with nothing physical would come under trespass law, AFAIK. Yes, the "robber" could probably even use your phone without permission -- this could be wrong, though. The fact is nobody is so dumb to have done this, so there's no case law on this point (or, I hope to God there isn't any).

      The WAP neither warned the user that it was only for private use (perhaps with a primary webpage stating it was for that purpose, or perhaps it not handing out DHCP leases) nor did it prevent the user from entering it through encryption or logins.

      I hope to hell the guy gets busted on the child porno charges, but it would scare me if he is busted for using an open WAP. Otherwise, there'll be people filling the court rooms every time their log shows an "intruder" getting a DHCP lease by accident.

      But, that being said, IANAL.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  82. Hard to catch....not really? by failedlogic · · Score: 1

    From news reports I've read law enforcement have had a lot of problems catching child pronographers. Fortunately, it seems some of them have erratic driving skills. Hopefully, the police will pull over a few more of them for driving so poorly!

  83. MOD PARENT UP by Anonymous Coward · · Score: 0

    Especially point B. lameness filter

  84. Slashdot readers: perfectly normal behavior by natersoz · · Score: 0, Troll

    What? Jerking off while driving down the street reading kiddie porn?

    Perfectly normal saith the slasdotter.

    1. Re:Slashdot readers: perfectly normal behavior by Colonel+Cholling · · Score: 1

      I guess you don't count as a slashdot reader because you don't actually bother to read what people post. So far nobody has spoken up in favor of the reckless driving, the porn, or the automotive onanism. The only issue has been whether or not the additional "theft of communications" charge was warranted.

      --

      I am Sartre of the Borg. Existence is futile.
    2. Re:Slashdot readers: perfectly normal behavior by natersoz · · Score: 0

      Damn straight. So what's your point?

  85. I thought Jacko had to surrender his passport by Anonymous Coward · · Score: 0
    Or do you not need a passport to get into Canada?

    Not that Michael Jackson would look anything like his driver's license or passport picture...

  86. Not just to throw the book at him by TubeSteak · · Score: 1

    Unlike everyone else, i'm not going to go with that line of reasoning, I think they just want to get the law tried out in the courts. Its much better to tack it onto child pornography charges where the odds of it being contested are minimal then to throw it at some h@xx0r who may or may not be able to wiggle out of it. Its always about setting precedent and they want to establish that using an open network w/out explicit permission = theft of service.

    --
    [Fuck Beta]
    o0t!
    1. Re:Not just to throw the book at him by ralphclark · · Score: 1

      They are no doubt also gagging at the opportunity to demonize "hackers" by associating them with child pornography once again. I must say this is a worldwide campaign that has been very effective already.Even my mum thinks hackers == paedophiles now.

      What to do?

  87. Re:I think that... you're not thinking!!! by snarkasaurus · · Score: 1

    So, if I leave my keys in the car at the gas station and some pervert jumps in, drives away and then uses my car to transport a bale of hard copy kiddie porn, this is my fault?

    Here's a better one. Dirtbags do drug deals in your backyard when you're not home. This is your fault?

    My personal favorite of all, is it the ISPs fault that kiddie porn crosses his server on the way to the guy's house whose 802.11 network has been hijacked?

    In all of the above cases, NUH UH!

  88. WarWacking! by toiletsalmon · · Score: 0

    To Do:
    Send these terms to the boys at the Oxford Dictionary:

    WarWacking
    WarFapping

  89. Go Canada! by Anonymous Coward · · Score: 0

    One thing that seems to be missing in discussions of Wardiving, SPAM, and other abuses of the net is that we the end users, pay for this with real money. It may be just 1's and 0's to the guy watching it flow past on some server, but its $30/month for me. I have to pay for my connection, assume legal responsibility for the usage, and have to buy the physical equipment to use it (the PC, the cable modem, the software) and I have no problem with some yahoo stealing my service (for whatever data) and getting arrested for doing so. Just as SPAMMERs should be arrested for missuse of government property (to wit, the ARPANET backbone and the backbone connections that we taxpayers have had to pay for and are now crowded by spam.

    They should get arrested also for theft by taking of a service. I pay for an email account to receive email from family, friends and business associates, not to receive stupid adds. Unwanted mail is theft of my internet connection, my mailbox space, and my computer resources all of which cost real money and are thus real property of mine that is being stolen.
  90. he deserved it, but this law sucks. by twitter · · Score: 1
    Driving the wrong way up a one way street, no pants, whacking off to kiddie porn? This guy was asking for it!

    Sure he was asking for it, but notice that "communications theft" did not enter into your description. Driving the wrong way down a one way street is dangerous and he might have hurt someone nice. I'm not sure if it was him fooking with his computer or his other tool that had him driving the wrong way, but obviously he was not up to the task. Fooling with kiddie porn is also nasty because it feeds and encourages the sexual exploitation of children. Sharing someone else's bandwidth? That's not a crime at all.

    "Theft of communications" laws are anti-social and unhealthy. In a reasonable society, you could go anywhere you wanted and always be connected to the network. That can only be accomplished if everyone decides to share what they have. Some people don't want to live in a reasonable society, because they have become comfortable charging everyone per minute for communications. Stories like this, assoiciating bandwith sharing with perverts and crackers is their way of raising irrational fears that will keep people from sharing what they have and afraid to share what others give freely. Observe the article:

    It's also a way they can invade someone else's computer, which could have serious ramifications for unsuspecting wireless Internet subscribers,. "That means people can use, access and get into your computer, your files and your Internet signal, and if anything illegal was done it would come back to your computer," said Det.-Sgt. Paul Gillespie of the Toronto police child exploitation section.

    The levels of ignorance reflected beggar description. It's much easier for crackers to get at and use your computer through normal land based internet services. A bedrock priciple of criminal justice is that people who don't do things are not guilty. I am not to blame for what other people manage to do with my computers. Most obviously, people with perverts driving around their neighborhoods have much larger problems than what that pervert might do with their computer.

    I'm glad the police caught this pervert, but I'd like them to stay the hell away from my computer systems. Catching perverts driving the wrong way down the street is good police work. It's even good that they can throw this extra crime at the loser. The law, however, is stupid, anti-social, evil and needs to be repealed.

    --

    Friends don't help friends install M$ junk.

  91. "Driving while stupid" by Animats · · Score: 1
    Some cops use the term "driving while stupid". Usually this means drugs or booze, but any officer who works traffic can tell you about wierd stuff they've found people doing while driving badly.

    This definitely qualifies.

    1. Re:"Driving while stupid" by AndroidCat · · Score: 2, Funny
      There's a highway (400) that runs north from Toronto to cottage country (and back). Every year at the close of the season, the cops lie in wait to catch the dangerous and stupid.

      In the newspaper, after listing a number of really stupid things he found, one officer said "I don't make this stuff up." Yep, they were that bad. (One person was watching a movie -- at highway speed.)

      --
      One line blog. I hear that they're called Twitters now.
  92. Really? Imagine that. by twitter · · Score: 1
    Toronto is a damn good place to wardrive. I've gone wardriving through TO suburbs (with someone else at the wheel of course) and there was rarely a time within a 60 minute period or so that I was *not* within range of a WiFi AP with no security.

    Could it be that PEOPLE WANT TO SHARE THEIR BANDWITH?!!! Golly, from reading old media garbage you would think that everyone was afraid to do something nice for their neighbors. A place where everyone had their wireless up and wanted to share would be a very nice place to be. A place where everyone is paranoid about what perverts might do with their network connection, rather than what that same pervert driving down their street might do to their children, is obviously filled with idiots and bad attitude.

    "No Security", my ass. "Security" and peace of mind come from running software that's not easy to crack. With setups like that, you can trust your neighbors and open up the floodgates of communications that are possible but not alowed. Mail servers, web servers, file servers, all the good stuff of information sharing. Sure, some people will abuse it, but those people already abuse your wired network with far greater ease than war driving. Theives and perverts also make use of the phone system and mail.

    --

    Friends don't help friends install M$ junk.

  93. so sharing is against the law, right? by twitter · · Score: 1
    i won't comment on whether that is appropriate or not, but it is certainly something to keep in mind if you were to feel like 'borrowing' some bandwidth from others via their wireless network.

    Does this not, conversly, make it impossible to willingly and freely share your badwith with the world? That sucks. If everyone had wireless and shared it the world would be much nicer.

    --

    Friends don't help friends install M$ junk.

    1. Re:so sharing is against the law, right? by Saeger · · Score: 1
      If everyone had wireless and shared it the world would be much nicer.

      Especially since at that point there'd be the critical mass necessary for bottom-up mesh networking to replace the top-down telecoms (except for crossing oceans).

      --

      --
      Power to the Peaceful
    2. Re:so sharing is against the law, right? by aXis100 · · Score: 1

      If you want ot share, how about setting your ESSID to "FreeInternet". That makes it pretty clear.

  94. Re:Wait a second....he was a 1 finger touch typist by Anonymous Coward · · Score: 0

    It's obviously isn't it ;-)

  95. It doesn't have to be all that significant.... by Artifakt · · Score: 1

    ... It just has to be bigger than a traffic offense.
    They charged him immediately with the crimes they could quickly document, like theft of communications, because that way they could hold him until they could gather the evidence for the other charges.
    It takes time to go through the forensics process on a laptop's HD while complying with legal rules. For example, before you start paging through images and saying, that one looks underage, you stop looking for more at the first sign of evidence and back up the whole drive (you do, if you're the police, that is). In part this is a step in preserving the chain of evidence. It's also in case the perp has set up some sort of anti-tamper or drive wiping software. You also get an assistant DA or better present for legal advice on what to do next, and log every step of the process. At some point, you may want to lift prints off of the laptop for physical evidence. You may discover evidence in process that requires you notify the FBI (They handle most kidnappings, which often includes missing and exploited children cases).
    While you are doing all that, the perp can probably post bail and walk, or may not have to post bail if all you have charged him with is a traffic offense such as going the wrong way on a one way street.
    A public indecency charge would probably work, but if you couldn't tell he was naked until you stopped him, might be argueable. And, it never hurts to have a second charge, just in case there's something wrong with the first
    The theft of communications law seems clearly violated in this case, and it's sufficient grounds to hold him for long enough to take real care in gathering the evidence for the more serious crimes. If it doesn't stick in the end, you haven't lost much, as the judge will probably make the child porn charges run consecutively.

    --
    Who is John Cabal?
  96. Assumption of 'free' by nurb432 · · Score: 1

    In a store you have the logical assumption that the food isnt free.

    Similar to if you walk past a TV store, you assume that its free to watch thru the window..

    --
    ---- Booth was a patriot ----
    1. Re:Assumption of 'free' by smkndrkn · · Score: 1

      When you walk past a TV store you are looking at things for sale. When you steal services like from some unsuspecting company/person that service is not for sale. There is a difference. The only way that would stand up is if an ISP had a network available for use in order to entice you to purchase something.

      It is for people like you that warnings are on plastic bags "don't use as a toy".

      I don't think people who say what the parent said are ignorant, instead I think they are trying to rationalize misbehavior.

      --
      ======== In the future, everything will be artificial. ========
    2. Re:Assumption of 'free' by nurb432 · · Score: 1

      Then explain why a starbucks offers free access.

      THey give away service to intice you to buy coffee.. ( which we have several in my area that do this.. among other companies ).

      That blows your enrire theory.. so we are back to me assuming that if its not restricted, its free.

      And no, this doest releate to using somethign as a toy and getting hurt. However, if a product appears to be a toy that isnt.. and you get hurt from its unkowning misuse, then yes.. you have a valid claim against the company.

      --
      ---- Booth was a patriot ----
    3. Re:Assumption of 'free' by smkndrkn · · Score: 1

      Go through life assuming things are free unless its restricted and see how far you get before you are in jail. Its a stupid assumption made by stupid people and hence the reason I brought up the warning on plastic bags.

      I'm done arguing though.

      --
      ======== In the future, everything will be artificial. ========
  97. Bluejacking? by Anonymous Coward · · Score: 0

    So was he caught bluejacking? Or was it WAP! :-)

  98. Yeah, it is. Yea! by snarkasaurus · · Score: 1

    It is in Canada, genius! Better do your snooping elsewhere eh?

    And by the way, pinheads like yourself are the reason I have to run ethernet cables all through my house instead of using a nice convenient wireless setup. You're one very short step above the creeps who scan for cellphone numbers and then sell them.

    Please find a new hobby. Like subway surfing.

  99. Whoredriver should have been charged for... by leonbrooks · · Score: 1
    ...careless driving, in particular driving with his pork sword through sweep of his steering wheel. Bit of a spokesman, there.

    Remember: he's not a wardriver, he's whoredriver.

    --
    Got time? Spend some of it coding or testing
  100. Just for reference - real numbers by CrystalFalcon · · Score: 4, Informative
    I've been running a mapper on P2P networks for some while now, in order to know where to look for stuff when I want it. (And for the sake of the automated P2P client I'm writing.)

    The breakdown by common file type is roughly:
    • Movies (AVI, MPEG, MOV etc): 1%
    • Graphics (JPEG, GIF, PNG): 15%
    • Audio (mostly MP3): 30%
    • Binaries and Archives: 4%
    • CD Images (ISO, NRG): 1%
    • Text files: 2%
    • Other: the rest

    The basis for this is about one petabyte's worth of indexed files, so it's not some out-of-thin-air numbers.

    Just from this, saying that 42% is porn, much less CHILD porn, is way out. We already knew this, but I thought it interesting to back up the statement with some numbers.

    To give more real numbers on child porn, when I did check for it at one time, I found 12 suspicious-looking file names from a database of several million files. That's a LITTLE bit lower than 42%.
  101. which is Wi I don't Fi. by Mal+Reynolds · · Score: 1

    And why I still don't recommend it to my users.
    Wi-Fi's not ready for prime time. It's terribly open to abuse, especially so for those that live in high density housing. The odds may be low, but it's not worth going to jail or being sued by the RIAA/MPAA for the shenanigans of the guy next door. Run a bit of cable and be done with it.
    There will have to be some serious sorting of the encryption issues before I even consider recommending it.

    1. Re:which is Wi I don't Fi. by Anonymous Coward · · Score: 0

      You can't be sent to jail if someone uses your AP. You have plausible deniability going here.

  102. Clarification: I do not have those files by CrystalFalcon · · Score: 1

    Just in case somebody gets a knee jerk reaction here about those suspicious files: The twelve files in question were not on my hard drive, and never will be, either.

    I am talking about files spotted on peer-to-peer networks, where I had an automated process store the file name, size, and some other data in a large database. It was in this database that I later discovered odd-looking file names.

    Again, I am not in possession of those files.

  103. Re:Really? Imagine that. by ergo98 · · Score: 1

    Could it be that PEOPLE WANT TO SHARE THEIR BANDWITH?!!!

    Highly, highly, highly doubtful. While I certainly can't claim to have done exhaustive studies (or even "asked some dude what he thinks" studies...), I would guess that the vast majority of them simply are clueless about how open their network is, or if they are aware it's more likely open because it's an inconvenience to bother toggling a bit or setting up MAC addresses. Most people have a belief that whatever happens out there, it happens to other people, so someone remorah'ing their connection isn't a possibility.

  104. Liability Law by xant · · Score: 1

    In my state and locality, there are laws that say that negligence in protecting your possessions means you share the guilt for crimes committed using those possessions. For example, there's a well-established body of law that if you leave your keys in the ignition of a car and someone steals it and runs someone down with it, you are liable for negligence. It has nothing to do with whether you "implicitly" did anything--what you actually did was fail to protect people by properly securing the things you're responsible for securing.

    Law is eternally a gray area, but there is a strong argument to be made that people running wide-open are liable for negligence when crimes are committed on those connections.

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    1. Re:Liability Law by Alsee · · Score: 1

      In my state and locality, there are laws that say that negligence in protecting your possessions means you share the guilt for crimes committed using those possessions. For example, there's a well-established body of law that if you leave your keys in the ignition of a car and someone steals it and runs someone down with it, you are liable for negligence.

      Please tell me where you live so I can be sure never to set foot within a hundred miles of such stupidity.

      what you actually did was fail to protect people

      Yeah, because it obviouly would have been impossible for this idiot to run someone over with his own car if I hadn't left my keys in my car. And someone who steals a car and commits murder obviously could never steal a car unless the keys are in it.

      there is a strong argument to be made that people running wide-open are liable for negligence when crimes are committed on those connections.

      If so, then we need to start by imprisoning everyone who mas made a payphone accessible to the public. Public phones are quite often used to make drug deals, or even to plan murders. I'm sure they have even been used during the commision of espionage and treason.

      P.S.

      Nitroglycerine = glycerine + sulfuric acid + nitric acid.
      Mix extremely slowly and carefully over an ice-bath. Nitroglycerine will form as an oily brown liquid floating on top.

      According to your logic I would share guilt for posting that recipe if someone used it to commit murder. However according to a US-DOJ report commissioned by the senate, congress DOES NOT HAVE THE POWER to pass a law making me guilty for posting that information. It would be unconstitutional. I can only be held guilty if I posted that information with the actual intent of causing a crime to occur, or if I gave it to a specific person and I had actual knowledge that that person intended to use it to commit a crime. If you like I can dig up a link to that DOJ report.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Liability Law by CAIMLAS · · Score: 1

      What POS state do you live in? That's damned foolish legislation. It allows someone to get in trouble for something someone else did, and could easily be used as a tool against someone.

      For instance, someone could break into your house undetected or lift your keys from your pocket while passing you by on the street, and then use the keys to steal your truck later that night and run someone over. No evidence is found - other than your truck having been used. Would you be liable in this situation? It's your word ("No, I didn't leave my keys in the ignition") versus the 'evidence' that suggests that you did; there's no proof otherwise. Even if it doesn't prove your guilt, it would still lead to character assassination - if you're even the least bit prominent in your community, it could lead you losing your job or political/social standing simply by the social implications that you were responsible - society is not as kind as laws when it comes to "innocient until proven guilty".

      Not only that, but it's a law that treats people as incompetent drones that are unable to wipe their/our own asses. It's one thing for a company to make a product that prevents such abuse (such as providing keys to prevent unauthorized folks to use the vehicle), but another entirely for the government to penalize someone for such a task. Especially when it would be more akin to the gov't holding the car owner responsible if someone hotwired the car (or the car was activated/turned on/unlocked with an IR device that most people aren't aware of).

      In the case of an open connection, it could be said that your scenario doesn't even apply: leaving your keys in the ignition is entirely different than leaving a firewall open for your average person. (If you're a network admin or such, though, the rules would be different.) It's a tragically flawed analogy. Cars are licensed and drivers have to be licensed to drive them. Computers, and electronics in general, do not apply to either of those things. Furthermore, autos are built in a manner so that 'security" (at least reasonably so) is "on by default". Your average router doesn't have these failsafes - it doesn't warn the person, and more often than not people don't know the difference anyway. They think these products should come with these features built in: thus, when you (falsely) see "network firewall router" on some products, it sends a false sense of security to the user. It's like selling a vehicle with the same key that every other vehicle of that make/model has.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    3. Re:Liability Law by Wolfrider · · Score: 1

      > - -Of course /. stories are slanted. If it wasn't slanted it'd be |.

      --Thanks, that made me laugh- and broke some tension from reading Too Many Idiotz Posting in this thread. :)

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  105. I bet I know... by Trailer+Trash · · Score: 1

    The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street, with a laptop in hand.

    I bet I know what was in his other hand...

    1. Re:I bet I know... by natefanaro · · Score: 1

      Could have been a map from MapQuest! They've tried to send me the wrong way down one way streets before...

  106. Good idea by Large+Green+Mallard · · Score: 1

    "As3deyt#$seKJ34" is probably a bit too difficult, but your idea of a CD-key type arrangement for the initial SSID/wep key us actually a pretty good idea..

  107. Some legal points by Anonymous Coward · · Score: 0

    I am a lawyer (unlike many):
    1. It is unusual for a judge to order sentences to be served consecutively. The vast majority of sentences are served concurrently. For example, a man charged with stabbing someone with a knife may get 5 years for the stabbing and six months for carrying an offensive weapon. The term he will serve (before remission for good behaviour etc) is 5 years, not 5.5 years.

    2. Maximum sentences are not always linked to the time that a convicted defendant would expect to spend in prison. In most Common Law jurisdictions (e.g UK, Canada, Australia, Singapore etc) they are frequently set with a view to giving the police the power of arrest without a warrant. In England (my jurisdiction), if an offence carries a term of 5 years or more, the police do not need a warrant from a magistrate to carry out an arrest. Less than that, they do.

    3. The purpose of this particular act is most likely to extend the definition of theft. In England, the Theft Act 1968 defines theft as follows:
    "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"
    This is a pretty common definition. In Roman Law, theft was "the dishonest handling of a thing with a view to gain from its use or possession". This gives an insight into the use of the word "property". Are communications property? In the case of Oxford v. Moss, pure information is not property. A student stole an exam paper, copied it and returned it. He was not guilty of theft. Had he kept the paper, he would have guilty of the theft of the piece of paper and the ink. This is why infringement of copyright is not theft, and the law recognises the hazy area of Intellectual Property.
    The effect of this act, then, is to make "communications" another recognised form of property and to criminalise the unlawful appropriation of it.

    Congratulations if you've read this far.

    --JGL

  108. great legal strategy by penguin7of9 · · Score: 1

    The Canadians are quick learners: in order to make behavior X illegal, you find a really disreputable behavior Y and associate the two. The US legal system has traditionally used terrorism for this trick, although child pornography has been used as well. Canada seems to be using child pornography for the same purpose.

    The guy should be charged with obtaining child pornography and traffic violations. Using open access points, however, should not be illegal: it's far too easy to do accidentally.

  109. Re:The implication is scary...In the UK by skinfitz · · Score: 1

    In the UK if you had a wireless access point which was used by a third party in this manner to download child porn, particularly if you had your own caching proxy for net access, you would automatically be looking at a two year prison sentence for "possession" of such material. You would have to convince the Crown Prosecution Service otherwise.

    Incidentally under UK law as a BOFH, if I were asked as part of my job to investigate a machine the someone said had been used to browse porn and the system contained child porn and I imaged the drive, I would be looking at 10 years in prison for "copying child porn". It's insane - the current situation encourages admins to simply wipe hard drives and say nothing otherwise they risk prosecution. That's just plain wrong.

  110. kazaa? by Anonymous Coward · · Score: 0

    "It ["Kazaa]'s turned into the largest single way in which like-minded people share and trade child pornography," he said."

    "Det.-Sgt. Frank Goldschmidt, from Project P, said the last three child porn collectors his unit arrested also used Kazaa to download porn and stole Internet connections to get online."

    They must be making this up. Kazaa exposes the IP address of anyone who makes files available. If anybody was stupid enough to put child pornography files up on it, the police would arrest them that day.

  111. Re:Well by Anonymous Coward · · Score: 0

    My two Win98 Laptops and 2000 workstations have had no problems using WEP.

    Open the client manager, edit the wireless profile, tick the WEP box, enter in key, and viola. (maybe slightly "harder" than the Mac, but no problem figuring out for any reasonably intelligent (i.e. IQ > 80) person)

    Oh well, more pro-Mac, anti-PC propaganda

  112. The sad thing is.. by Anonymous Coward · · Score: 0

    that people belive Michael Moore's propaganda

    not to mention that its just bad practice to use one single source to come to a conclusion on ANYTHING

    (here is another website debunking Moore)

    1. Re:The sad thing is.. by JuiceBySarah · · Score: 1

      Ever get the idea that a bird can't fly with two right wings? ie.: take one side's arguments, then take another side's arguments, then Make Your Own Conclusions ... i don't recall Michael Moore claiming that Bowling For Columbine was the truth. However, that word (truth) does turn up on CNN more often than I'm comfortable with.

  113. A new TV show? by AndroidCat · · Score: 1

    "Canada's Funniest High-Speed Internet Busts".

    --
    One line blog. I hear that they're called Twitters now.
  114. they found him naked from the waist down.... by Anonymous Coward · · Score: 0

    ......BWAHAHAHAHHAHAHAAAAA!!
    damn, that's sad. going around without pants on, and a laptop, trying to find an area so he can download child porn to jerk off too.. bwahahhaa.. damn, that's so funny.

  115. your numbers don't add up by Anonymous Coward · · Score: 0

    Those numbers would seem to add up to 50% (okay, 53%) of all files. So what are "the rest"? WMA and WMV files? HD cruft? Empty filenames? Warez? (I thought that was under "binaries".)

    Help me out here, I'm lost.

  116. is the name for this new phenomenon.... by asr_man · · Score: 3, Funny

    ...Warjacking?

  117. Was he at least by AbbyNormal · · Score: 2, Funny

    wearing a seatbelt?

    --
    Sig it.
  118. Re:OH COME OFF IT ALREADY YOU MORONIC TWIT by AzBats · · Score: 1

    They start rolling sideways instead...

    --
    A Brit in Tallahassee.
  119. more to the point by _avs_007 · · Score: 1

    the difference is that when you connect to the wireless network your computer asks for an IP adress. Then it asks to resolve host names when you surf. To enhance the previous analogy, it would be more like your neighbor rings your doorbell and your housekeeper opens the door. Your neighbor then asks if he can borrow your TV, and your housekeeper gives it to him. The fact that you didn't explain the rules to the housekeeper is your problem. How is one supposed to know you didn't really mean to lend it to him? This is different then entering an unlocked house without permission and stealing stuff.

  120. Mr Ballmer and his wireless adventures. by AchmedHabib · · Score: 4, Interesting

    link here
    "For all his success at bringing Microsoft's warring constituencies together, there are still things beyond Bill and Steve's control. "I was in a hotel in Sun Valley last week that was not wired," Ballmer recalls. "So I turned on my PC, and XP tells me there is a wireless network available. So I connect to something called Mountaineer.

    "Well, I don't know what that is. But I VPN into Microsoft. It worked! I don't know whose broadband I used," he chuckles. "I didn't see it in Bill's room. I called him up and said, 'Hey, come over to my room.' So soon everyone is there and connecting to the Internet through my room."


    So was that a crime?

    1. Re:Mr Ballmer and his wireless adventures. by Anonymous Coward · · Score: 0

      Yes. Every last one of those shameless thieves should be shot.

    2. Re:Mr Ballmer and his wireless adventures. by Anonymous Coward · · Score: 0

      yes.

      He had no right to use the internet connection that someone else paid for. When they paid for that internet connection, they got not just the connection itself but also the right to decide who to or not to share that connection with. They were infringing on his rights as much as a music leecher is infringing on the artists rights by downloading music.

    3. Re:Mr Ballmer and his wireless adventures. by gl4ss · · Score: 1

      you know, pinging another network(from your own network) can be theft of communications as well.
      almost anything can be.

      the whole freakking internet sort of works the way public wlans sometimes do, relaying data for others you have no idea who they are(if you're big enough player).

      --
      world was created 5 seconds before this post as it is.
  121. You're surprised? by Inoshiro · · Score: 1

    I'm sure most end-users think Mac Address refers to the nearest McDonald's restraunt, not a string of hexidecimal that ethernet cards use.

    And this is why they (WAP manufacturers) need to ship the WAPs in a locked up config with a shiny wizard that allows easy adding and removal of cards to the security whitelist.

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
  122. Exactly! by Anonymous Coward · · Score: 0

    That's right! We can't be expected to second guess the WiFi provider's intentions. Even something that is accidentally public is nonetheless public.

    Otherwise search engine companies would be prosecuted for providing "deep links."

  123. communications? What communications? by camperslo · · Score: 5, Informative

    DISCLAIMER: Not knowing Canadian regulations, my post treats this event from a U.S. perspective only, as it relates to wireless networks here. I'm addressing the network access issue only, not defending kiddie porn, driving naked, or driving in the wrong direction.

    As I see it, there was no theft of "communications". He didn't break into any computers, nor block/alter/view data coming in and out of them. There is no indication that he did anything to bypass security measures of either the network or the machines on it. There is no indication that he did nor intended any harm to the network or its users.
    He used net connectivity, apparently with all hardware functioning as designed and configured. It is the operator of the network that is responsible for configuration including access permissions. Many run hot spots intentionally, some through ignorance. In either case, the host is functioning as an ISP. What's relevant here is regulation of the wireless access to the ISP.

    In the U.S., 802.11b hardware is allowed unlicensed use of spectrum, as regulated by part 15 of the F.C.C. rules. Part 15 products are required to include a notice: "Operation is subject to the following two conditions: (1) this device may not cause harmful interferrence, and (2) this device must accept any interference received, including interference that may cause undersired operation." Harmful interference refers to that affecting licensed communications only. Are there licensed users of this spectrum? Yes.

    All ham radio licensees (except Novices) are authorized by the FCC Rules, Part 97.301(a) to use all operating modes in the 2390-2450 MHz band. 802.11b equipment is not allowed to interferre. A ham could reasonably ask anyone using 802.11b gear to stop operating if they cannot otherwise correct an interferrence problem (typically by changing channels, lowering power, reducing antenna height, changing location, using a directional antenna etc). The 802.11b gear operator has no regulatory protection against interference from the ham operator, other 802.11b users, or even microwave ovens which operate in-band at 2450 MHz.

    In summary, 802.11b gear is unprotected from interference, and the operator of such gear is on their own to try to make it work as desired, with no guarantee of success.
    802.11b hardware is being used as designed when people, known to the host or not, access open networks. It isn't communications theft nor is it tresspassing.

    1. Re:communications? What communications? by Anonymous Coward · · Score: 0

      Really, arguing over this doesn't really help. Its all fine and dandy to say "Oy, You can't wardrive and point out a major vulnerability in the accepted standard for this technology", but the fact of the matter is if you start arresting people whose aim is to break that security and point out the vulnerability you're invariably driving the practise even more underground than it already is. And i'm not sure about you but the undergound scares me. There are all sorts of swindlers and deviants willing to apply something like this to some attempt like the case at hand. As to legislation, its all fine and dandy to paint wardriving and vulnerability audits akin to breaking and entering into someone's home, the fact of the matter is they are two entirely differnat things, and saying otherwise you are spreading FUD that hackers are evil bigots with nothing better to do than break into your network, well in truth they are just people. nothing more nothing less, the internet and wlan's are nearly the same, if you are too stupid to employ common security practises than you deserve whats coming to you. It doesn't matter which o/s you use, it jsut requires that you know enough about securing your own system right. And if not than at the very least the o/s should be user friendly enough for the truly idiotic to use as well.

    2. Re:communications? What communications? by SuiteSisterMary · · Score: 1

      He used somebody else's paid-for internet pipe.

      Those phone and power cables are just hanging out there in the open; doesn't mean I can leech off of them.

      That bike just sitting by a tree, not even chained up, is NOT there, by default, for public use. Sure, the owner's an idiot for not chaining it up, but if I bugger off with it, it's still theft.

      Well, the guy running an unsecured wireless network is an idiot, but it's not an open invitation for people to use his gear or his pipe.

      Will we start seeing people running unsecured APs in obviously public areas be charged with 'maintaining an attractive nuisance?' Maybe; we probably should.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    3. Re:communications? What communications? by Zone-MR · · Score: 1

      Nope. This is slightly different. Many people consciously decide to share their internet connection (I am one of them).

      Because of the technology it is often difficult (not to mention inconvenient for both parties) to try and locate the owner of the AP, interrupt them and ask if it is public or not. The 802.11 protocol has an excellent way of solving this. If you want your AP public - turn off encryption, set SSID broadcast to on, and disable MAC filtering. If people make their access point open, it can be interpreted as implicit permission to use that AP. If they are too stupid to tick a checkbox, that should be their responsibility.

    4. Re:communications? What communications? by SuiteSisterMary · · Score: 1

      As I pointed out elsewhere, in Canadian law, there *is no such thing* as 'implicit permission.' Permission has to be explicit. So, built in something to take away all the uncertanty and guessing; an actual 'public use permission' bit that you need to jump through hoops to turn on.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  124. Is that red whine or white whine? by AndroidCat · · Score: 1

    We seen it before with hacking and hackers, but this time the people who recycled the stale old war-blahblah term from the movie WarGames, to WarDialing, and on to WarDriving deserve what they got .. please tell me where in there the term was suddenly respectable? I guess I missed that five minutes. Buy a helmet.

    --
    One line blog. I hear that they're called Twitters now.
  125. Don't Whack and Drive, either... by Kymermosst · · Score: 1

    Getting caught with your pants down while driving the wrong way on a one-way street just isn't just a bad idea, it's against the law.

    --
    "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
  126. Re: define 'permission' by Brad+Mace · · Score: 1
    If your computer requests an IP address from a wireless DHCP server, that could be interpretted as permission to use the network. Your computer 'asked', and the network agreed.

    If they didn't want others using their network, they should disable SSID broadcasting, use MAC filtering and/or WEP encryption. Even really weak WEP makes it clear that you don't want others using your network.

    You could make a pretty good argument that a node that broadcasts its presense and doesn't restrict access is an invitation to public use.

    If I was king, you'd have to bypass some sort of access restriction (such as breaking WEP or spoofing a MAC address) to be found guilty of anything, especially given the number of people leaving their nodes open specifically to allow public access.

    Using someone else's wide-open network is as bad as walking down the street and tossing a wrapper in someone's trash can as it sits on the curb.

  127. Re:Obligatory by mikeee · · Score: 1

    What I don't get is why he wasn't charged with reckless driving.

  128. What? His LAPTOP in his hand??? by Anonymous Coward · · Score: 0

    What a pervert...

  129. Sick indeed by merc · · Score: 2, Funny

    The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street

    Driving the wrong way down a one-way street?
    HOW SICK CAN YOU GET?

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
  130. A wHacker Whoredriver by Anonymous Coward · · Score: 0

    man, what is geekdom coming to?

  131. Well, they caught me with my pants down... by Anonymous Coward · · Score: 0

    But at least they didn't seize my computer!

  132. The Lesson: by illumina+us · · Score: 2, Informative

    Here's the true lesson: if you wardrive, drive on the correct side of the street.

    On another note: Do not look at child pornography. Do not drive with your pants down. If you wardrive, warchalk. If you are a FREAKIN IDIOT DO NOT WARDRIVE!!!!

    --
    -illumina+us "I put on my robe and wizard hat..."
  133. But windows automatically handles Wireless! by Anonymous Coward · · Score: 0

    But what about windows XP users? If you set XP to automatically handle the wireless network then your computer will automatically use whatever open networks it can find. While I use my own, I've noticed that whenever it is down for some reason, windows searches, finds, and automatically logs into other unsecure networks. Is this my fault? I remeber once downloading an entire set of ISO's using someone elses connection without even knowing it. So who is to blaim here?

  134. and you next by Anonymous Coward · · Score: 0

    a first class trial followed by a first class hangin'

  135. no it doesn't by Anonymous Coward · · Score: 0

    It says we need to look at the problems differently.

    Besides, in your example it would be easy to show the supposed breakin occurred repeatedly over a period of time. The defendant could just as easily argue that someone broke into his house and downloaded the materials using his computers. That shows me that you need to provide proof on 24-hour physical security for your computer or it should be comfiscated.

  136. that's easy by Anonymous Coward · · Score: 0

    Because of the thrill of being out there vulnerable.

    Only difference is he was doing something most consider vile. If was just beating off to garden variety porn, the children here would be singing a different tune.

  137. good thing about wired networks by Coolmoe · · Score: 2, Interesting

    is that they are easier to secure. No network jack that is physically accessable is a real good front line security. I know that is's not bulletproof but it's a lot harder if the guy has to break into my house first. Theres a price one must pay to use wireless. I will be sticking with my 100Mbps ethernet and live with the "annoyance" of running a jack to anywhere I need internet access.

    --
    Got hosting
  138. And WHO gave you permission to use slashdots.. by Anonymous Coward · · Score: 1, Insightful

    Bandwidth? You have no explicit permission to come here. You can because it is an offered service on port 80. That's how networks work. If they are open then they are supposed to be offering public services. Picking up unencrypted wi fi access is totally different than cracking the security. Make sure you know the difference when arguing.

    1. Re:And WHO gave you permission to use slashdots.. by Canadian_Daemon · · Score: 0

      That is an extremely good point. +1 insightful

      --
      This sig is definitive. Reality is frequently inaccurate.
  139. MOD PARENT UP by Anonymous Coward · · Score: 0

    no text

  140. But if he was spamming the kiddie porn..... by The+Bandit · · Score: 1

    I bet it would be ok if he was relaying kiddie porn. Well, he did have his pants down... hrm, half naked man, spams others with his stolen network carrier wave with his pants down. Sources says, well he was only spaming people so it was ok to do.

    Anyone care to guess how tired of spam I am?

  141. What seems to be the problem officer? by daveking · · Score: 1

    The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street, with a laptop in hand.

    It is important to understand that Canadian one-way signs are smaller than USA one-way signs, so they're easier to miss...

    --
    ------DO NOT WRITE BELOW THIS LINE------
  142. Two Things by crashnbur · · Score: 1
    (1) I worked in a public library for 19 months, and despite the requirement to keep an eye on the people using the public internet access computers, it isn't possible to have someone looking over their shoulders for the entire duration of a work day. It has become increasingly common for various deviant internet activity to be traced back to public workstations such as at public libraries. In fact, the library at which I worked received a visit from a representative of the FBI, because it was "suspected" that someone had been using our computers to upload child pornography.

    (2) In order to "steal" internet access via wireless internet, the signal needs to be available. I don't know about your area, but I live in a fairly technologically progressive town, and it's not here except on school campuses. This is probably too obvious to deserve mention here, but still...

  143. Bad analogy by geekoid · · Score: 1

    "If you leave your front door unlocked - by accident or otherwise - it doesn't grant permission to any passerby to steal your stuff. Yes, you were stupid for leaving your door unlocked. Yes, your insurance might be voided. NO, it doesn't mean you forfeit your property rights."

    If you are broadcasting a signal, into other people and other peoples property, it is in no way the same as sombody walking into your house.

    If I throw my couch on your lawn, You would have every right to sit on that couch.

    If you braodcast a signal, what you are doing is giving it away. Now, if you don't want to give they stuff you are sending all over the neighbor hood, then secure it. It should not be everybody elses responsibility to determine whether or not you mean to be giving it away.

    Now, if it clearly indicates that only authorized user can be on it, and asks for a login and password, now it should be illegal to use it, regardles of how trivial the password and login ss secured.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Bad analogy by nathanh · · Score: 1
      If you braodcast a signal, what you are doing is giving it away. Now, if you don't want to give they stuff you are sending all over the neighbor hood, then secure it.

      Sniffing his broadcasts isn't a problem. As you say, he's giving it away. It's when you send wireless packets into his home to inititate data transfers on his link that you cross the line. You are now controlling his equipment without his permission.

      Now, if it clearly indicates that only authorized user can be on it, and asks for a login and password,

      You seem to be under the mistaken impression that equipment without a login/password is for public use. It's still his equipment. You have no right to use it, even if it isn't secured.

  144. And what about ACCIDENTAL use??!! by Newer+Guy · · Score: 1

    I live in a residential neighborhood. There are no less that SEVEN wireless nodes that pop up on my computer. Three of them have the SSID: "WIRELESS", two have: "LINKSYS" , one says: "DEFAULT" and there's mine that says DJP. How does the average user know which one to hook to? Even if he knows his unit is a Linksys, there's still a 50/50 chance he'll hook to the wrong one. Not to mention the fact that Windows usually connects to the strongest signal automatically. On one of my computers that would be my neighbor's connection on the other side of the wall from where that computer is (as opposed to mine almost 50 feet away). I can see if you're cracking even the most rudimentry encription, but all these ones (except mine) are sitting right out in the open. This law is WAY too broad, as it doesn't discriminate between accidental and deliberate use.

  145. Joystick??? by Newer+Guy · · Score: 1

    Okay, I won't go there....

  146. Not Theft by Anonymous Coward · · Score: 1, Interesting

    Sorry, but accessing a publically accessible access point is by no means theft. It is up to the owner of the AP to take measures to keep the connection inaccessible. Intentionally defeating those access restriction then constitutes theft. The 802.11 wireless gear is all using a shared public resource, the same chunk of spectrum. When I turn on the notebook I do not choose any particular AP. The thing comes on, grabs it's IP address via DHCP an I fully expect this to come from MY AP. End of story. If I pickup something else, too bad. It is not MY responsibility to keep me out of YOUR unmarked publiclly available network, it is YOURS.

    I like to compare the internet with transportation, roads in particular. IMHO, all roads are public roads unless otherwise marked or posted. If you don't want me in your driveway place a no trespassing sign in plain view so it can't be missed.

  147. Now that's a expansion slot by opencity · · Score: 1

    Or an interesting case mod. "It's my aural exciter plug in ..."

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
  148. All sorts of junk by CrystalFalcon · · Score: 1

    All sorts of junk.

    You mention WMA and WMV; these were already counted under audio and video, respectively. Warez are usually under CD Images (ISOs), Executables (EXE, MSI) or Archives (RAR, R01, R02, etc).

    To give an example of what "the rest" is, HTML and HTM files are about 5% of the total. DLL and BGL files both come in as slightly more common than ZIPs.

    In the "less than 5000 files" category, you find .h, .c, .ini, .dat, .doc, .ddl, ...

    Overall, there is a huge number of odd files out there. Actually, almost half of them. Looks like most people are sharing installed stuff (to boost their shared-bytes numbers?).

    To highlight the odd-files claim, over half of the identified extensions are found on five or fewer files.

  149. Its called a DHCP REQUEST for a fscking reason by gsfprez · · Score: 1

    because you REQUEST an IP.. and you're GIVEN one.

    assuming, of course that this was an open base station, then this is a totally crap decision.

    on the child porno charges, deep fry the fscker.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  150. wireless network = backup connection by rixdaffy · · Score: 2, Funny

    sometimes it's very handy that people keep their wireless networks open.
    a few weeks ago we moved into a new office, and of course the phone company was too late with fixing our ADSL connection. So instead of losing two days of work, we could "borrow" the connection from two wireless networks to choose from. One was DHCP and the other I had to sniff the network to find out which IP address I could use :)

    Ricardo.

  151. No kidding! by raehl · · Score: 1

    And I only read the articles!

  152. In case it's gone tomorrow. by RevSmiley · · Score: 0
    Delhi man faces child-porn charges



    CURTIS RUSH

    STAFF REPORTER THESTAR.COM



    A man spotted by police driving naked from the waist down with a laptop computer on the passenger seat is facing numerous child pornography charges.



    On Wednesday at 5 a.m., Toronto police found a driver going the wrong way on a one-way street in a residential area.



    On the screen of the laptop computer was an image of a young girl performing a sex act on an older man.



    The laptop had a wireless adapter card (known as a WI-FI card) allowing the accused to access the Internet through any insecure wireless Internet signal (known as War Driving)

    .

    Members of the Child Exploitation Section of the Sex Crimes Unit were called in.



    An investigation revealed that the man also had been downloading child pornography using KaZaa, a peer-to-peer file sharing program and had been posing as a younger man in chat rooms to meet young girls.



    A search warrant was executed at the suspect's home where 10 computers and hundreds of compact discs containing hundreds of thousands of images and movies of child pornography were recovered.



    Charged with several pornography charges as well as a charge of theft of telecommunications to make child pornograophy was Walter Nowakowski, 35, of Delhi.



    Police believe it's the first time anyone has faced theft of telecommunications charges because of a wireless Internet signal.



    The accused is in custody and will appear in court Monday for a bail hearing.

    --
    As you can see I don't care about my karma.
  153. Re:Yeah, it is. Yea! by shepd · · Score: 1

    >And by the way, pinheads like yourself are the reason I have to run ethernet cables all through my house instead of using a nice convenient wireless setup.

    Actually, in Canada, it isn't pinheads like him. It's the law. Ask Industry Canada -- if you can pick it up, and it's not encrypted, it's your right to listen to it (or view it). It's a basic tenent of Canadian law that helps separate us from Americans. :-)

    Now, as far as selling cellphone numbers, that's not legal (you can't make use of the information gathered). But just scanning for them, that's probably ok, but a good way to get yourself needlessly investigated. No, IANAL.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  154. Bytecount. by Grendel+Drago · · Score: 1

    Wouldn't it be more illuminating to score those by bytecount? How do those categories break down by bytecount?

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  155. Can you imagine by rock_climbing_guy · · Score: 1
    Imagine a beowulf cluster of war drivers!

    No, but imagine when they arrested this guy. It says he way naked from the waist down with a computer in his lap. I imagine Officer Bob and Officer Jim happened by. Officer Bob says "Alright, you pervert, you're goin' downtown. Jim, handcuff him!" "No way, freak, YOU handcuff him!"

    In SOVIET RUSSIA, a beowulf cluster of these imagines YOU.

    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
  156. Re:Well by HeghmoH · · Score: 1

    It's not propaganda, it's truth. Open the client manager, edit the wireless profile, tick the WEP box, enter the key (double-check it), and voila, it can't see anything on the network!

    --
    Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  157. Bullshit detector goes off by danila · · Score: 2, Insightful

    We all agree here that the story is ridiculous. But it seems to me that the journalists are just adding to that, not making it clearer.

    1) What the hell is "Sun media", is it even remotedely similar to "Sun" in the UK?
    2) "watching a movie on his laptop of a 10-year-old girl performing fellatio on an adult" - how does this scribbler know about that? Does the police tells this kind of info at press conferences? How do they know the age? I smell bullshit.
    3) "Stealing Internet, or War Driving as it is sometimes called, is becoming more and more common among perverts trying to avoid online detection." and "A man... has become the first man in Toronto charged for allegedly stealing an Internet connection." - well, how do they know about all that perverts if they have only busted one?
    4) This quill-driver thinks that saying "allegedly" a lot allows him to write any kind of crap... Sadly, it seems to be true.
    5) The movie can easily be closed by pressing Alt+F4, takes only about a second. Unless the policeman run to the car and busted the door open, I don't think the cop had a chance to see it playing. I mean, even my parents don't usually manage to catch me watching movies of 10-year-old girls performing fellatio on adults - and they only have to open the door. :)
    6) As a side note, I like the department name. ;) "Police child exploitation section" - I though those guys were supposed to serve and protect, not to exploit the kids...
    7) "They recovered 10 computers and thousands of CDs and floppy disks" - yeah, sure. We have a guy who can break into wireless networks and he still stores images on floppies. Puuuhhlease! Not to mention that even one thousand of CDs is one terabyte of data, which is fucking huge. People who can collect that much child porn, don't usually drive naked, while watching child porn and masturbating. Ergo, the scribbler is probably lying again.
    8) "It involves some of the worst child pornography that we've ever seen" and "it's becoming typical of what we're seeing" - that's in the same paragraph. Can't you at least decide whether it is the worst or something you see every day?!
    9) "child pornography... including young children and babies". Well, I thought the point of child porn was that it features young children. :-) Is there even a thing such as an old child?

    Some of these concernes may be unwarranted, but overall the story reads just like a million or so of stories about scary paedophiles (although I applaud the officer for using the words "like-minded people" instead of "evil paedophile scum").

    Some more info about Internet child porn: original version and a censored version at Wikipedia.

    --
    Future Wiki -- If you don't think about the future, you cannot have one.
  158. if paradigm = trespassing, no harm = no defense by hains · · Score: 1
    If the law is based on the paradigm of trespassing, then saying "I didn't harm anyone" is no defense.

    Imagine this: I am walking by your house one day, and I am cold, so I try your door, find it unlocked, and come sit on your couch for an hour to warm up. This probably wouldn't cost you anything in lost heat because my body generates warmth, but wouldn't it creep you out a bit?

    I find more compelling the argument that the trespassing paradigm is wrong, and that a public contract model is more appropriate: specifically, anybody with government permission to beam electromagnetic signals through other people's bodies should have an obligation to provide something to the public in return for that permission.

  159. Many Many Flawed Analogies by ChopsMIDI · · Score: 1

    I fail to see the analogy between stealing someone's property and using the broadcast signal. Was the [alleged] victim telling everyone who passed by, or yelling out loud (broadcasting) that anyone could have her purse if they wanted to? Then it would not be stealing if someone took her up on her offer.

    You are more or less touching on my point.

    Many of the anolgies being used are all flawed in the sense that they require you to do something (Plug into an extension cord, steal a purse, live in someone else's house).

    None of these analogies hold up with a wifi network because with said network, all one has to do to gain access to an unsecured one is just to be there. There isn't any access, you don't have to do anything.

    Thus if someone doesn't want people on their network, they should damn well secure it, otherwise it's fair game. Additionally, it's unfair to assume that people will even know how to disable their network connection, even if they realized, "hey, I have a connection right now and I know it's not mine."

    This is not a case of someone leaving their front door unlocked, so "that means I can move in", or whatnot. This is a case of someone making a wireless network that has some radius of connectivity. They know that everyone within that radius will have a connection regardless, unless they secure it. If they choose not to secure it, then they are choosing to allow people access to it.

    --

    How could I say to men: "Speak louder, shout! For I am deaf!"? -Ludwig van Beethoven
    1. Re:Many Many Flawed Analogies by juhaz · · Score: 1

      Additionally, it's unfair to assume that people will even know how to disable their network connection, even if they realized, "hey, I have a connection right now and I know it's not mine."

      But it's fair to assume that everyone who has bought a wireless device knows how to properly secure it or even know that it's not secure by default?

      Give me a break.

  160. Re:OH COME OFF IT ALREADY YOU MORONIC TWIT by Random832 · · Score: 1

    in most of the incidents in question, the tires didn't fail until after the vehicle was rolling over, anyway

    --
    We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
  161. One Problem with this Law by kalidasa · · Score: 1

    How do I know that the unsecured AP I'm using isn't unsecured on purpose? In addition to the hundreds of advertised free hot spots, there must be thousands of unadvertised ones that were left unsecured precisely so passing users could borrow some bandwidth. [Whether, given the context of this arrest, that's a smart thing to do is a moot point.]

  162. Simply because it's illegal doesnt make it wrong by Zone-MR · · Score: 1

    The law is severly fucked up when it come to technology related crimes. Laws are often written by people who have no clue about the technology they are regualting.

    If someone decides to make their access point PUBLIC, then they are giving everyone permission to use it. They configure the SSID, channels, etc, and then they come to the box asking them if they want encryption. If they click "no", their access point will inform everyone in their neighbourhood that it can be used by them.

    Access should be regulated via encryption and user accounts - not via the law. Computer hacking is illegal in many countries - and I believe this is wrong. If I can access a high-profile company WLAN from a laptop, while parked on the street, it means the system administrator is incompetent. If they don't want the public having access, they should tick the damn box rather than pursuing everyone with legal action.

  163. War drivers by Anonymous Coward · · Score: 0

    F4ck war drivers, f4ck them to hell. There is a perception among slashdotters that wardriving is what l33+ h4xx0r5 do. That is bullshit. I've seen them around the city, downtown, looking for company networks to 'map', and I'd just love to have a big f4cking electro-magnet handy to 'map' their laptop.

  164. Open wireless LAN by Space · · Score: 1

    I have a PCI Wireless card with a Prism chipset and running the HostAP drivers. It serves as one hella Access Point. I allow port 80 to connect through squid. I log MAC addresses and sites visited. I do this as a service to anyone that might be cruising through the neighborhood looking for bandwidth. I have had noone abuse this yet. If I do have an abusive user then a MAC address ban will stop most users.

    --
    I Don't Work Here
  165. How about the ISP by phorm · · Score: 1

    Wow! I wonder if they told the owner (s?) of the Internet connection he was using?

    I wonder if they told the ISP of the owner(s) of the connection(s). Might they not be alerted by blatant illegal porn access on their network (why else wardrive, if nobody is watching you in the first place), and go after the owner of the connection that the WiFi is sourced from.

  166. Power problems. by Hanzie · · Score: 1

    Obviously you have reason to doubt me, since your personal experience runs contrary. Should you have the resources to check with someone in the power generation industry: Apparently the two houses, though next door neighbors, were on seperate power systems.

    I don't know how divided the power systems were, but apparently the division was rather significant. It's possible I'm wrong about phase being the defining difference.

    The particular gentleman who was speaking with me is, as I stated before, responsible for turning off and on people's power, and I've verified this to my own satisfaction.

    I shall ask him for complete details of the incident and why it caused problems, and relate such to you.

    As to the veracity of that particular story, I have no reason to doubt him, as it was in the midst of a very long discussion of how to steal resources from neighbors and the problems therein. I'm not a thief, nor do I intend to be. I am in the process of purchasing my first house, and he was kind enough to relate some things I might want to look out for, to avoid being the victim of theft.

    Given the context, I shall be happy to share some of the incidents he's seen, since you've been kind enough to relate your own experiences.

    It seems that there are two different strategies, in general, for stealing utilities. It is very good to be familiar with both, because you might be getting robbed. YOU MIGHT ALSO BE UNKNOWINGLY STEALING BY INHERITING A THEFT SYSTEM. If so, it's far better to correct it on your own, or inform your utility, than it is for them to find it and contact you.

    General division of theft tactics:

    #1 Cause your meters to read incorrectly.
    #2 Steal it from your neighbor.

    #1 Water: Normally it's done by going upstream of the meter. With the water company, the lines are leaky enough that you'll probably not get caught until somebody bumps into your line.

    If you're simply determined to steal utilities outright, this is probably your best hope.

    #1 Electricity: You can go upstream of your meter by splicing into the lines on the backside of the conduit against your building, upstream of the meter. Unfortunately, the more you take, the more likely you are to get caught. The power company checks historical records automatically, and will investigate any significant downward change. The power company also tracks where unmetered line losses go, and can isolate it to your feed. And they will if it's significant.

    The problem with effectively stealing is that the punishment definetly outweighs any potential benefit. The more you take, the closer they will look.

    #1 Natural Gas: Don't even think about it. Gas companies very closely track leaks in the lines, because such are extremely hazardous.
    Detection: Shut off your gas using appliances for a couple of hours while it's cold and see if the meter keeps going. If it does, the gas is going SOMEWHERE. Possibly a leak, possibly a neighbor. Checking is highly advised, and your gas company will be very willing to help.

    #2 Electricity: If you're going to steal the neighbor's electricity, run it on a different circuit. If you plug it into your own circuit, a bad wiring job could cause large problems. This route is safest if you're in an apartment building, since it's highly unlikely you'd get the different flavor problems that inspired this sub-thread.

    Detection: Shut off main breaker power sometime in the early evening while all the neighbor's houses are lit up. Listen for loud swearing and look for sudden darkness. Watch the power meter, it should go to zero (I don't remember if it will stop dead or just start to creep very slowly. I think the meter itself uses a trickle). If it keeps spinning, call the power company.

    Apparently it is EXTREMELY common for both sides of a dividing wall between apartments or offices to be on one meter. You also get lazy contractors, or unscrouplous landlords, who subdivide one unit into two and don't b

    --
    ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
  167. Re:Yeah, it is. Yea! by snarkasaurus · · Score: 1

    Listening isn't really the problem I'm referring to. I can easily enough encrypt the packets to make them hash to the listener, in fact you can buy systems that do it themselves. The crime here is not listening, although that is certainly bent enough.

    No, the crime is usurping somebody's Internet connection. If I want to be -really sure- nobody is fiddling with my connection, and particularly pretending to be me while doing something immoral or illegal, I have to run cable. The disgusting perv in the parent article was downloading kiddie porn, but he could just as well have been UPloading the next big virus, which will bring the RCMP to MY house, which I for sure don't want.

    And why? Because DICKBOY here wants to run around Wardriving and boast about it to his other dickweed friends where actual bad people can read about it. Criminals are for the most part stupid, so they don't invent these kinds of tools for themselves. They let enthusiastic idiots like Wardriver.com do all the work, then pervert the finished product.

    Besides all the paranoia, *I* paid for this connection. If I want to let passers by use it I'll put up a sign. The Canadian government's casual attitude toward personal property and an individual's freedoms is what -really- separates us from the Americans. I had more rights and freedoms as an immigrant in the USA than I do as a citizen in Canada.

  168. Re:Yeah, it is. Yea! by shepd · · Score: 1

    >Besides all the paranoia, *I* paid for this connection. If I want to let passers by use it I'll put up a sign. The Canadian government's casual attitude toward personal property and an individual's freedoms is what -really- separates us from the Americans. I had more rights and freedoms as an immigrant in the USA than I do as a citizen in Canada.

    Uhhh, just to let you know, it was COPS (the American TV shows) that originally gave me the impetus to look up tresspass law.

    It's the same in the US. Unless you let the person know, it's considered public property. And that's how it should be. Anything else would be oppressive.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC