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Florida Man Charged For Stealing Wi-Fi

baldass_newbie writes "The Saint Pete Times has a story about Benjamin Smith III who was arrested for stealing a wi-fi signal in Saint Petersburg, Florida, where apparently wardriving is considered a third degree felony." From the article: "...xperts believe there are scores of incidents occurring undetected, sometimes to frightening effect. People have used the cloak of wireless to traffic in child pornography, steal credit card information and send death threats, according to authorities. For as worrisome as it seems, wireless mooching is easily preventable by turning on encryption or requiring passwords. The problem, security experts say, is many people do not take the time or are unsure how to secure their wireless access from intruders. Dinon knew what to do. 'But I never did it because my neighbors are older.'"

46 of 380 comments (clear)

  1. It's dupe-a-licious! by TripMaster+Monkey · · Score: 5, Informative

    Yet another dupe...previous story can be found here.

    Zonk fails it again...

    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:It's dupe-a-licious! by ergo98 · · Score: 2, Insightful

      What, seriously, is so wrong with 'dupes'? Not everybody reads /. 24 hrs/day

      Often I only get a chance to visit Slashdot once or twice a day, yet lately I've identified virtually every dupe. It's not like there are thousands of stories a day and the editors just can't keep on top it - there are only a dozen or so stories, and in this case the title instantly and obviously revealed that it was a dupe.

    2. Re:It's dupe-a-licious! by TripMaster+Monkey · · Score: 2, Funny

      WRONG

      Examine the two articles more closely (read beyond the titles). Both of them reference the EXACT SAME ARTICLE in the St. Petersburg Times.

      This isn't merely a dupe...it's the Platonic Ideal of the concept of 'dupe'.
      --
      ____

      ~ |rip/\/\aster /\/\onkey

    3. Re:It's dupe-a-licious! by zedmelon · · Score: 2, Funny
      Great! ...because I just submitted this story:

      According to this article, OpenBSD 2.6 has been released, despite still being dead. Linus Torvalds has publicly accused Microsoft of resorting to bully tactics, but Richard Stallman has built a beowulf cluster of supercomputers in Soviet Russia, which promises to defend all our base.

      Crosses fingers and eagerly waits for "story accepted" confirmation...

      --
      Mom says my .sig can beat up your .sig.
    4. Re:It's dupe-a-licious! by NanoGator · · Score: 4, Insightful

      " If you're so offended by people pointing out (and being offended by) dupes, then perhaps you should just avoid threads with names like "It's dupe-a-licious"."

      Mmmmhmmm. Except almost every god damn comment in this thread is "dupe!!!!!!!!!! bitchbitchbitchbitchbitchbitch!" I'm whining about excessive dupe bitching, not bitching about dupes. What's irritating about it is every comment bitching about dupes is serving an ad. Basically, the people against dupes are begging Slashdot to post them. Dumb fucks.

      "so you picked an odd target for your rant"

      I didn't pick your comment as a target because I checked everybody's posting history and thought yours was the one to blast first. I picked yours because of your ridiculous overreaction to the dupe.

      "With dupes like this, if I truly want to get involved in the discussion, I might have to carry it out in two different places, with different participants, etc. And the discussion won't be quite as good. That's all."

      Unlikely and unlikely. If your motivation for being anti-dupe was about having 'good discussion', then I would expect that it wouldn't matter if a dupe happened or not. If your 'that is all' reasoning were really true, I wouldn't expect you to threaten to leave Slashdot.

      Of course I can only speculate, but I think your real reason for bitching about dupes lies somewhere in between trying to make an 'insightful' post and annoyance at... well actually I don't get what's so annoying about dupes. Unless, of course, you're watching Slashdot a little too much and you are offended that they haven't entertained you with something 'new'. Honestly, just skip the damn story if it's not interesting.

      Slashdotters sure get noisy for the most frivilous of reasons. They're like Star Trek fans. It's really fucking obnoxious.

      --
      "Derp de derp."
    5. Re:It's dupe-a-licious! by KUHurdler · · Score: 2, Insightful

      put it in the dishwasher and run it on the top shelf with no detergent. Then let it dry out for a few days. solved many-a-problems that-a way.

      --
      Fix Your Own TV - RiddledTV.com Avoid the Landfill
  2. Dupe should be by Arthur+B. · · Score: 4, Funny

    a third degree felony...

    --
    \u262D = \u5350
  3. Oh crikey, not another one! by Willeh · · Score: 3, Insightful
    Dupe dupe dupe, even linking to THE SAME FUCKING ARTICLE! Oh wow, it adds some stuff about wardriving and some FUD about *GASP* CHILD PORNOGRAPHY, man the battlestations!

    http://hardware.slashdot.org/article.pl?sid=05/07/ 06/0217252&tid=193&tid=17

    Wake up and smell the noise, admins. I know it's just me screaming in the sea of other people yelling about dupes, but isn't it time to implement some kind of link checker system?

    --
    Will wank off Linus Torvalds for fame.
    1. Re:Oh crikey, not another one! by LinuxHam · · Score: 3, Insightful

      isn't it time to implement some kind of link checker system?

      I've been trying to come up with a way to perfectly word my upcoming GreaseMonkeyUserScriptRequest. I want a system where I can donate my mod points to a mod-up or nuke mechanism, and I think a lot more people here would like to see a NoDupes script.

      --
      Intelligent Life on Earth
  4. again? by pilot1 · · Score: 5, Funny

    this poor bejamin guy is going to be in jail for quite a long time with all the arrests he's been getting lately.

    1. Re:again? by Spackler · · Score: 4, Funny

      this poor bejamin guy is going to be in jail for quite a long time with all the arrests he's been getting lately.

      (hey, it worked for the story. I can almost smell the Karma)

  5. Not only is it a dupe... by scribblej · · Score: 5, Insightful

    It's a dupe of the most commented on story of the week, proving once again that the editors don't even take a passing interest in the site.

  6. New Slashdot Poll: by geeber · · Score: 5, Funny

    There should be a new poll:

    Slashdot editor responsible for the most dupes:

    (a) Commander Taco
    (b) Zonk
    (c) write-in candidate
    (d) CowboyNeal

    1. Re:New Slashdot Poll: by FrostedWheat · · Score: 5, Funny

      Shouldn't that be:

      (a) Commander Taco
      (b) Zonk
      (c) write-in candidate
      (d) CowboyNeal
      (e) Zonk

    2. Re:New Slashdot Poll: by Anonymous+Custard · · Score: 4, Funny

      More like:

      (a) CmdrTaco
      (b) Zonk
      (c) write-in candidate
      (b) Zonk
      (d) CmdrTaco
      (e) CowboyNeal

    3. Re:New Slashdot Poll: by geeber · · Score: 2, Insightful

      And then we could have one that goes something like

      Most pedantic Anonymous Cowards

      (a) lack a sense of humor
      (b) don't have a sense of humor
      (c) are humorless
      (d) are not amused by CowboyNeal poll options

  7. Certainties on /. by revscat · · Score: 3, Insightful
    A few things bring peace to my mind, because they are utterly predictable and can be counted on no matter what chaos the world is currently embroiled in.
    1. GNAA trolls
    2. "Netcraft confirms..."
    3. "In Soviet Russia..."
    4. "I didn't read the article, but have an opinion about it anyway."
    5. "But Clinton..."
    6. Dupes.
    I'm beyond caring.
  8. Furtively hunched over is my favorite position by digitaldc · · Score: 2, Funny

    "The Chevy Blazer was still there, the man furtively hunched over his computer." Well lets give this guy the stupid award for getting caught. Seems he wasn't so furtive after all? -----
    Since this is a duplicate article, I will just post a link on how to secure your wifi on the road.... http://www.wi-fiplanet.com/tutorials/article.php/3 106011

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  9. Re:Wardriving a Felony! by jusdisgi · · Score: 4, Insightful

    Christ driving around to see what doors stupid ppl have left open should not be a crime. If I drive around my neighborhood and look at how many dumb ppl have left their front door wide open should I be arrested. Breaking in is one thing but just looking is another.

    That's a horrible analogy. Because it is and should be illegal to walk into somebody's house without permission, even if the door is open.

    But that's not what an AP setup like this is like. It's not just "open" ...it's actively inviting people to use its access. It's broadcasting an SSID, and then answering DHCP requests by giving out leases. So, using an AP that was configured like the one in this case is more like driving around looking for signs that say "keg party down the street" then finding the house that says "keg party" on the door, then knocking, and having the door answered by somebody who says "come on in" and hands you a cup for the keg.

    This does not hold if the AP is not broadcasting its SSID and using DHCP. If you go sniff the network and setup a static address on it, you've probably done so without permission. But when the system advertises its existence and offers you an IP when you ask, you have just been authorized to use the network.

    --
    Given a choice between free speech and free beer, most people will take the beer.
  10. So are we all felons here? by downward+dog · · Score: 2, Insightful

    People have used the cloak of wireless to traffic in child pornography, steal credit card information and send death threats, according to authorities.

    So shouldn't these people be charged for these crimes, and not for using a technology that makes these crimes possible? Why not:

    People have used the postal service to traffic in child pornography, steal credit card information and send death threats, according to authorities.

    People have used computers to traffic in child pornography, steal credit card information and send death threats, according to authorities.

    People have used telephones to traffic in child pornography, steal credit card information and send death threats, according to authorities.

  11. The real article by slapout · · Score: 5, Funny

    from the please-read-your-own-website dept.
    annoyed_reader writes "The Pete Rose Times has a story about baldass_newbie who was arrested for stealing Slashdot articles via wi-fi signals. Experts believe that there are scores of incidents of stealing slashdot articles. People have used the cloak of wireless to take old slashdot stories and resubmit them. Sometimes they use multiple aliases. The problem, experts say, is that slashdot editors do not take the time or are unsure how to check for duplicate story posts. Slashdot editor Zonk knew what to do. 'But I never did it because I was busy playing The Sims.'"

    --
    Coder's Stone: The programming language quick ref for iPad
  12. Re:Wardriving a Felony! by Otter · · Score: 2, Insightful
    First of all, this is nerd logic that's unlikely to hold up in court. If networks had to be actively configured to be publically available, you'd have a point, but failing to actively secure it is not (to normal people) comparable to your notion of advertising a keg party.

    Second, in this case, the homeowner confronted the l33ch twice, and the latter clearly realized that he wasn't welcome on the network.

  13. I've a year to patent this in the US... by exp(pi*sqrt(163)) · · Score: 2, Insightful

    A big LED on your access point that flashes "Unsafe" when your network is connected up but doesn't have encryption switched on.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  14. Re:Wardriving a Felony! by Anonymous Coward · · Score: 2, Insightful

    It's nerd logic, but it's still logic. Unsecured WLANs behave exactly like deliberately open hotspots. If implicit permission is not enough to connect to a computer system, then we better stop using the internet right now, because we're using other people's servers all the time and the only permission we have is that we can access them without authentication.

  15. Any good lawyer could prove this bogus by lugar · · Score: 5, Insightful

    Making some basic assumptions (the wireless was using an SSID, was unencrypted, and a DHCP server was available), any lawyer can make the valid claim that the wireless access point was intended for the public to use:

    - SSID was advertising the availability of the access point.
    - Absense of encryption re-enforces the fact that this was not a private network.
    - DHCP giving an IP address is as good as saying "have a seat, enjoy the connection".

    A good analogy would be to have a big sign in front of your house saying "Cookies inside!" (SSID). You leave the door propped open (lack of encryption). You have someone inside pull up a chair and invite the person to sit down and enjoy said cookies (DHCP).

    If you don't want people on your wireless, take appropriate steps to protect yourself. Someone breaking encryption to get access to a network is illegal. Connecting to an unprotected network should not be.

    1. Re:Any good lawyer could prove this bogus by ran-o-matic · · Score: 2, Informative

      A good analogy is not a defense against a felony. Although not actually mentioned in TFA, he was probably charged under 815.06. You can read it at http://www.leg.state.fl.us/statutes/index.cfm?App_ mode=Display_Statute&URL=Ch0815/titl0815.htm if you are interested in Florida law.

  16. Zonk! by Excelsior · · Score: 5, Funny

    I used to play this game called Zork. Every time you walked into a room, you were presented the same description. It got very repetitive. Playing Zonk is apparently very similar.

    Zonk, read the damn site, or quit as an editor.

  17. latest kismet poll by graf0z · · Score: 2, Interesting
    Just returning from a one hour shopping expedition (in a german city) with a laptop in my backpack: 98 APs = 9 WPA + 29 WPA/WEP + 42 WEP + 18 unencrypted. Remember most WEP installations can be broken into (google for aircrack) with enough 802.11b frames collected.

    So it's about 20% unprotected, 40% badly protected and 30% badly protected if WEP mode is used by clients.

    /graf0z.

  18. Slashcode Dirty Dupe Detect by alta · · Score: 3, Interesting

    Ok, here's my dirty dupe detect flow...

    When an article is "posted" the first thing that happens is every link in the article is compared to a URL_table that only has links, and the ID of the article linked.

    If there's a match, return the user to the posting page, put "DUPE ALERT" at the top, and give links to all the matching articles. Then the poster can use his most powerful computer (brain) to see if they are truley are, and they probably will be, URL's are pretty unique.

    If there is no match, then post the story, and add all the stories links the URL table.

    Here's what needs to be in the URL table:
    ID, StoryID, URL

    Pretty simple eh?

    Want to make it have less false positives?
    ID, StoryID, URL, Date

    Then when you do your match, only look for matches in the last year...

    Somebody make a patch, I don't know perl.

    --
    Do not meddle in the affairs of sysadmins, for they are subtle, and quick to anger.
    1. Re:Slashcode Dirty Dupe Detect by suwain_2 · · Score: 2, Insightful

      Here's a simpler idea:

      1.) The admins actually read the site
      2.) The admins remember, "Hey, that was our biggest story yesterday," and therefore don't post it again
      3.) There is no step three.

      Pretty simple, eh?

      --
      ________________________________________________
      suwain_2 :: quality slashdot p
  19. irony by spoonyfork · · Score: 3, Funny

    I particularly enjoy seeing all the "dupe!" comments and jokes being moderated as -1, Redundant. Slashdot is certainly an Irony Free Zone.

    --
    Speak truth to power.
  20. RTFA before saying RTFA by keraneuology · · Score: 4, Informative
    The poster's claim:

    In fact the man is not being accused of WarDriving. He peformed other illegal activites while on the network which he is being charged with, like trying to gain access to the residents computers, etc.

    TFA:

    Smith ... has been charged with unauthorized access to a computer network

    IE Smith was charged for war driving. Period. There is NO indication that he performed ANY illegal activities other than allowing his computer to respond to an invitation to connect to the network that was sent by the AP.

    More from TFA:

    It remains unclear what Smith was using the Wi-Fi for, to surf, play online video games, send e-mail to his grandmother, or something more nefarious. Prosecutors declined to comment, and Smith could not be reached.

    If you have further information, please provide. If you don't, then don't ask people to RTFA to ascertain information that simply isn't there.

    --
    If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
  21. This is clearly by Hooptie · · Score: 3, Funny
    a violation of Amendment V to the US Constitution.

    from thomas.loc.gov
    "...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."
    Same person, same offence, 2 times. Sounds like a clear cut violation to me. This guy's lawyer should be all over this.

    Hooptie

    --
    "Heavens, it appears that my weewee has been stricken with rigor mortis!" -- Stewie Griffin
  22. Mod the stories by KrunZ · · Score: 5, Insightful

    No we should simply just have a moderation on the entire posting:
    () Dupe
    () Old stuff
    () Interesting ...

    ... and then we could draw some statistics on the editors.

    1. Re:Mod the stories by Stankatz · · Score: 3, Insightful

      That'll never happen. What would happen when the Slash-vertisements get modded down.

  23. Re:Wardriving a Felony! by jusdisgi · · Score: 2, Interesting

    Well, Otter, I've got to say congratulations; you're the first person on the other side of this argument that I've seen make a reasonable point that might hold up. And I read the first /. discussion too.

    The point I'm congratulating is the confrontation argument. If the owner of the AP actually came out and told the leech to get off his network, then yes, I'd agree that the leech needs to leave or face these felony charges.

    That said, my reading of TFA does not suggest that this happened in this case. TFA says Dinon (the AP owner) approached close enough to the vehicle to see Smith (the leech) close his laptop. But it does not say that Dinon actually spoke to Smith at any point, or told him to quit using the network.

    Now, if you want to say it was obvious from Dinon's actions that Smith wasn't welcome, we get into muddy water. But I don't think that's enough...imagine the case where somebody shoots somebody knocking on his door without any warning and then says "well, he could see I was lookin' at him mean like."

    The other half of your point is not as meritous. The AC who has already replied to you says it about as well as I could: the nerd logic is the logic that matters when we're talking about networking policy. If I can't trust the network's automatic authorization, then I also can't connect to google on port 80 without permission. The entire Internet requires that we defer the jobs of authorization and authentication to automatic processes, and the owner of a wide-open AP is doing just that.

    --
    Given a choice between free speech and free beer, most people will take the beer.
  24. Re:Wardriving a Felony! by drewzhrodague · · Score: 2, Insightful

    And that's what seperates wardriving from theft of services, or tresspass, or whatever you want to call it -- crossing the line.

    I recommend wardriving, but I do not recommend using networks for which you have no authorization. I interviewed the FBI on this topic, and also went over safe wardriving procedures.

    Of course, I could also go to jail for taking pictures of a hospital 3 blocks from my house, but that's another story that I haven't blogged about yet.

    --
    Zhrodague.net - I do projects and stuff too.
  25. Dupes? by heri0n · · Score: 2, Interesting

    Why don't they just make a small poll type thing on each post to vote if it's a dupe. If there's enough votes, the post is removed.

  26. Subscribe? by the_rev_matt · · Score: 4, Interesting

    And this is why I don't pay for a subscription to slashdot. Until the editors can be bothered to care about the site, no way I'm paying my hard earned cash.

    --
    this is getting old and so are you

    blog

  27. Re:Wardriving a Felony! by InvalidError · · Score: 2, Insightful

    Most open WAPs are open due to uninformed owners and I believe it should be the WAP manufacturers' job to ensure (to a reasonable extent) that users of their products have at least minimal knowledge of the technology they are about to use. If the homeowner is leaving is WAP open out of ignorance, disabling WiFi by default would already force the users to go through the setup/warning sheet at least once in their WiFi life before going live.

    A non-default SSID with broadcast turned off, WPA-AES-PSK and MAC whitelist is trivial to setup on most WAPs and clearly tells wardrivers that they are not invited. This becomes even more trivial the 2nd...nth time around.

  28. In other news... by scottdj · · Score: 2, Insightful

    Taking an unlocked car no longer considered stealing!

    Taking things from an unlocked home no longer considered burglary!

    Don't think those are valid analogies? How about:

    Staying in an unlocked home while the owners are out of town no longer considered illegal entry!

    --
    Type something, will you? We're paying for this stuff!
  29. Re:Wardriving a Felony! by jusdisgi · · Score: 2, Insightful

    I _understand_ nerd logic (and your web server analogy and obliviousness to my point make for a perfect example thereof)

    Look, I'm not oblivious to your point. You're just wrong. Both your assertion that juries can't or won't listen to expert testimony in a trial setting and your assertion that nerd logic somehow isn't correct in a discussion about networking are wrongheaded.

    The nerds built the Internet, and if the rest of the world wants to go and try to administer it while disregarding the logic of the nerds, they just won't have an Internet left. And that's that.

    But in any case, the logic doesn't have to be this nerdy; we're discussing it at a somewhat higher than layman's level because we can do that here. In court, I think the more direct way to put this issue is this: If this was "unauthorized access to a computer network," then at what point did the owner of the computer network notify the person accessing the network that his activity required authorization? Then you note that people go to websites all the time, and only need to quit doing what they are doing when they are told it's not ok. And wrap it up by noting that there isn't any difference between this AP and the one at Starbucks. At that point, I don't think you've confused your jury, and I think they can see that this type of access is not unauthorized.

    Of course, I wasn't trying to make this point to a jury. I was trying to make it to /., which is why the discussion was technical.

    --
    Given a choice between free speech and free beer, most people will take the beer.
  30. Re:In other news... by Surt · · Score: 2, Insightful

    How about staying in an unlocked home with a sign on the door that says 'come on in and stay a while!'.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  31. Crime and punishment by angusmci · · Score: 2, Funny

    I think he should be made to give back all the wi-fi packets he stole. And the court should examine them carefully to make sure that they're the same ones, so he can't get away with just giving the rightful owner any old packets he happens to have lying around.

  32. Victimless Crime? by CrazyTalk · · Score: 3, Insightful

    What about those that just need internet access to check their email? Whenever I visit my parents, who have no computer (let alone a broadband internet connection) I take my wireless laptop and find a nearby unprotected network to surf and check my email. Should I be arrested? Who does this REALLY hurt? Similarly, I wouldn't mind someone tapping into my own wireless network at home for similar use.

  33. office building by garyrich · · Score: 2, Insightful

    Yes, it's a bad analogy. A better one that I've been using for ~15 years is an office building. Doors in an office building are there to be opened. If you have a door to your private office that opens on a public hallway -- lock it or expect that people will walk in from time to time. Some kid walking the halls and twisting doorknobs is not trespassing, stealing, or anything else except maybe being a pain in the butt. Even if you put a little "private" sign on the door you should expect people to open it from time to time and they are still not trespassing or stealing.

    Similarly, network services are there with the expectation of being used. If you don't want them used, the burden is on you to restrict them. If you don't you have no grounds to complain.

    As an aside, I think law enforcement hates the idea of this for the same reason they hate all forms of anonymity - it gives plausible deniability that some particular person comitted some particular crime.

    --
    -- your Web browser is Ronald Reagan