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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."
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.
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
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.
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
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?.
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.
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.
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).
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.
--
Power to the Peaceful
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.
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.
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?
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.
Using free Wi-Fi networks
Bullshit. It wasn't free, it was unsecured. There is a difference, and dont try to kid yourself otherwise.
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
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.