Busted For Using Library Wi-Fi Outside The Library

sevej writes "Keith Shaw, in his weekly column "Wireless Computing Devices" (Network World Fusion), reported on a recent entry in AKMA's Random Thoughts where AKMA was using a public WiFi network outside of a library. A policeman approached him and asked that he only access the Internet from within the Library and hinted that Federal Laws against "signal theft" were applicable. Oh, and btw, we're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest."

Comments

How did they know?

[freitasm]

I wonder how the police officee knew the priest was using wi-fi? A wi-fi sniffer or something like this?

Re:How did they know?

[Anonymous Coward]

The key point isn't how they knew. The question is, how are YOU supposed to know if the access point owner does not want you to use the signal where it is technically available? After all there are lots of hotspots where the owner wants to provide internet access to public areas outside of buildings.

Re:How did they know?

[SimianOverlord]

RTFA, fool. The policeman had a wireless laptop which was logged into CIA spy satellites through the library.

Re:How did they know?

[richie2000]

you assume that the tables outside a restaraunt are only for the shops patrons

And you assume the public bench and public WiFi in a public place outside your local public library are available to the public, especially if said public happens to have a library card. What's different from being outside the library and inside it in this regard? Your analogies are both faulty and misleading, unless you seriously want to claim that it's illegal to walk into a public library and sit down on one of their chairs.

Re:How did they know?

[tobinibot]

Read it again, he said the library was closed. Otherwise, he would have gone in to finish up.

Public Rights

[Agret]

He should have replied that since it was a public access point that he was in his rights to use it in a public area (namely outside the library)

"A policeman approached him and asked that he only access the Internet from within the Library"
What if the guy wasn't using the Internet but was editing his site and was looking at the preview? (this was not the case but what if)

Re:Public Rights

[richie2000]

Had he shown the cop he was not using the library's system, no thing.

I'm not sure how to parse that sentence, but he did show the cop he was not using the library's system.

I see no problem with having "patrons" use the wifi inside where the librarians can oversee as is their job.

So how do you "oversee" a WiFi connection? Watch the logs roll by? Detail one surveillance librarian-bot to every patron to look over their shoulder? Walk around and listen for the tell-tale moans of someone surfing www.kinkyceline.com? BTW, I believe it's illegal in most states for the library (or anyone else except the FBI) to monitor your library activity and loaning habits. One example of those laws are statutes 41-8-9 and 41-9-0 of the Alabama Code which protect the confidentiality of library users.

Furthermore, here's some reading for y'all:

Libraries are a traditional forum for the open exchange of information. Attempts to restrict access to library materials violate the basic tenets of the Library Bill of Rights.
Restricted Access to Library Materials

Privacy is essential to the exercise of free speech, free thought, and free association. The courts have established a First Amendment right to receive information in a publicly funded library. Further, the courts have upheld the right to privacy based on the Bill of Rights of the U.S. Constitution. Many states provide guarantees of privacy in their constitutions and statute law. Numerous decisions in case law have defined and extended rights to privacy.
Privacy

Users should not be restricted or denied access for expressing or receiving constitutionally protected speech. Users' access should not be changed without due process, including, but not limited to, formal notice and a means of appeal.

Although electronic systems may include distinct property rights and security concerns, such elements may not be employed as a subterfuge to deny users' access to information. Users have the right to be free of unreasonable limitations or conditions set by libraries, librarians, system administrators, vendors, network service providers, or others. Contracts, agreements, and licenses entered into by libraries on behalf of their users should not violate this right. Users also have a right to information, training and assistance necessary to operate the hardware and software provided by the library.

Users have both the right of confidentiality and the right of privacy. The library should uphold these rights by policy, procedure, and practice.
Access to Electronic Information, Services, and Networks

Alse check out LibraryLaw.com for some Patriot Act perspective.

RTFA.

[JNighthawk]

He didn't. He assumed and even when he knew AKMA wasn't using wifi, he still told him to leave.

Re:RTFA.

[PriceIke]

This is so much bogus nonsense to me. The RIAA and the MPAA have cultivated this paranoia about computer use. I say if a public library's wi-fi network extends outside of the building, then citizens of that public (read as: taxpayer-funded) institution have just as much right to the bandwidth as they do inside the building.

It is not ridiculous to assume that those individuals who configured and created the library's wi-fi network knew that it was not secured. Indeed they set up multiple access points, and did secure others. Knowing this, they made a conscious decision not to secure it and thus to service any and all client machines who wished to "climb aboard". It is public bandwidth paid for by the public's tax dollars. To my way of thinking, this cop is infected by the "it's illegal to be a geek" mindset/paranoia that's permeating our culture, resulting in such ridiculous expressions as "stealing music".

"What? He used his brain and found a way to use his computer that wasn't expressly permitted by policy?" Yeah, folks, last I checked it was a free country .. maybe I'm deluding myself.

well...

[Heem]

The big thing here is that he wasn't "busted" he was simply "asked" not to. If he were actually busted we'd get a chance for this to come across a judge and have a ruling.

Re:signal theft ?

[Xenna]

I'm sure Apple marketing would rather have it differently, but 'Airport' is not a generic name for Wireless Access Points.

light and bandwidth !

[phreakv6]

From the article: I responded, "But this is a radio signal thing -- it's not like a cable connection, it's like someone has a porch light on and I'm sitting on the bench, reading a book by their light. I'm not stealing their light."
These are nowhere analogous,you are stealing bandwidth when u use WiFi this way,but its not the same with light which anyway is gonna illuminate the bench without an added effort to the wattage.

Look??

[Anonymous Coward]

Oh, and btw, we're not talking about a person that looked like your stereotypical 'hacker'; AKMA is an ordained priest.

What are you advocating here exactly? That police officers are more justified to harrass some because of their look? Or that the law is less applicable to some people because of their job? With ignorant, prejudicial comments like this who needs rights eh? Let's just roundup all those who look like they may cause trouble and be done with it...

Looks, job, race, gender, etc should have nothing to do with the law and law enforcement. Laws and rights apply to everyone equally.

Re:Look??

[808140]

While this sort of feel good about our country not profiling people stuff is all well and good, the submitter was making a pragmatic rather than ideal point.

The truth is, if you are scruffy looking, not white, dressed in drag, or in some other way deviant from the norm, police are more likely to harrass you. Often, they do so simply because you look deviant, rather than because there is any enforcable law being broken.

While I appreciate your point, try to appreciate the submitter's: what he's saying is, because AKMA is supposedly very wholesome looking, the cop's motivation in telling him to use the library's wifi inside the library only could not possibly have been because he was a "hacker type". In other words, this wasn't simple harrassment. It was "for real".

We all hate the fact that people get harrassed unfairly, but they do. The submitter is recognizing this, not advocating it. If he had said, "I got asked to move on, and I was Arab and wearing a turban", we would naturally be outraged by the cop's mistreatment of an arab man, rather than by him being told to move on, because we would assume, understanding our rights, that the only motivation the cop could possibly have had for asking the turbaned man to move on was the fact that he was wearing a turban.

The point here is that this isn't simple harassment: it's an erosion of our rights. I think I've beaten this point to death already, I hope you understand it now.

Re:Look??

[Epistax]

Laws and rights apply to everyone equally.

Except politicians...
and other policemen...
and celebrities...
and foreign nationals.

I'm probably missing a few groups. Then again I've been awake for about 5 minutes.

Worrying

[BenjyD]

I held up my TiBook, pointing to the zero lines in the Airport icon, and showed the officer that my card was off.
"Why don't you just close that up, sir, or use your computer elsewhere?'

Quite apart from the signal stealing part, isn't the fact that the cop asks him to move on a bit worrying? He's demonstrably not breaking the law and is sitting on public land. Are they just going to ban using laptops with wifi cards near any wireless point?

Re:no protection ?

[raikje]

It's a public, wireless network. It's nothing to do with being protected - what's to stop you connecting inside, then walking outside to enjoy the sunshine? The point was that you're only allowed to use the public, wireless network within a defined area - like suggesting you can't listen to an AM radio signal from another country because they haven't paid licencing fees in your area.

Tell the cop to get bent!

[ScottGant]

Seriously...where was this at? I read his site and didn't see where he's from.

I smell something very fishy here BTW. He showed the cop the second time that he wasn't connecting to anywhere and yet the cop told him to move along. Move along? He was on a bench on public land just looking at his computer! The cop had no right to tell him to move along!

Two sides to every story I suppose, but would be interesting to call the police station and get their take on it...if only I knew where this was all taking place.

Also, where is this story reported from? The submitter of the story said "Keith Shaw, in his weekly column" yet the link just goes to an index where I can't find anything on AKMA...nor does it even show up on a search of the site!

Re:no protection ?

[Luigi30]

Or watching the Olympic coverage on the internet because NBC paid millions and don't want people to watch it without ads?

US CODE COLLECTION

[phreakv6]

Here is the law .Refer (a)(2)(C)

Simple Defense

[BobSutan]

You can't steal what's being given away for free.

revenge

[whimdot]

Later the same day the policeman was excommunicated for praying outside his local church.

actually thanks to HBO in 1981..

[soloes]

if this was in the USA, actually thanks to HBO in 1981 it is NOT illegal the officer was completely wrong. the law is very clear on this. It is not illegal to take any signal out of the air. it is however illegal to decrypt a signal. That is why HBO ended up having to scramble their signals. They were sueing provate satellite dish owners and manufacturers for copyright infringement. The US supreme court held that if it was not encrypted, it was indeed public domain.
Secondly, the FCC has detemined certain channels to be public use. the 2.4 gig range used by WI/Fi is among those.

Re:RTFL

[valintin]

If you leave your door open and play music real loud , I can sit on the curb and listen to it. You can't tell me to leave because I'm hearing your music. You can't charge me a fee because your music is spilling out on to the public street.