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Michigan Man Charged for Using Free WiFi

Posted by Zonk on from the watch-where-you-wardrive dept.

Nichole writes "Sam Peterson II was charged with unauthorized use of computer access for using a coffee shop's free WiFi. He is facing a 5 year felony charge and a $10,000 fine but apparently got off lucky and received only a $400 fine and 40 hours of community service because he was a first time offender. 'it seems few in the village of Sparta, Mich., were aware that using an unsecured Wi-Fi connection without the owner's permission--a practice known as piggybacking--was a felony. Each day around lunch time, Sam Peterson would drive to the Union Street Cafe, park his car and--without actually entering the coffee shop--check his e-mail and surf the Net. His ritual raised the suspicions of Police Chief Andrew Milanowski, who approached him and asked what he was doing. Peterson, probably not realizing that his actions constituted a crime, freely admitted what he was doing ... [the officer] didn't immediately cite or arrest Peterson, mostly because he wasn't certain a crime had been committed.'"

9 of 848 comments (clear)

  1. So using this logic.... by ip_freely_2000 · · Score: 5, Interesting

    ...people who can sit outside a baseball stadium or concert from some vantage point and watch the game/performance for free are also commiting a felony.

    1. Re:So using this logic.... by blueskies · · Score: 5, Interesting

      Then how do i know if i'm allowed to connect to a person's webserver? Does their webserver legally speak for them? Or is it because the webserver is setup to be publically accessible following understood standards? Why can't you connect to a router wifi access point when it is configured to give public access?

    2. Re:So using this logic.... by Mattintosh · · Score: 5, Interesting

      Let's take your "house" analogy a bit further.

      First, we identify the players in this game.

      You = You.
      Network = House.
      Router = Door.

      Now, what we have is a House, protected by a Door with a button and a sign. The sign says, "Push the button and I'll open the door if you meet my criteria." The button causes the Door to be opened if you meet the criteria set forth by the owner of the House and the Door.

      You walk up to the House, read the sign and push the button. The Door opens to allow you into the House.

      Is it trespassing? No. The button is a machine tasked with carrying out the owner's directions. It's interesting to note that replacing a button with a motion sensor gives you the very same automatic doors that most retail stores have. It is not trespassing.

      So change the nouns around. Is it trespassing if a router gives you access to a network according to the owner's directions? Answer: No it is not.

  2. Windows XP just connects... by Docboy-J23 · · Score: 5, Interesting

    If I recall my experiences using windows XP, doesn't it just automatically connect to any unsecured wireless connection that it finds? I would bet that most people don't even realize they're stealing somebody else's internet bandwidth, since chances are their OS isn't even showing a connect dialog by default.

    1. Re:Windows XP just connects... by just_another_sean · · Score: 5, Interesting

      Our company had a sales rep in Baltimore who worked for us for a week before we (IT) heard anything from him. He calls us one day and complains his internet connection isn't working, what's the deal? After questioning him about providers and settings and what not we figure out that he never signed up for any service, didn't know he needed to and was very confused when we told him he was using someone elses unsecured wireless. He literally had just turned on his Windows box the first day he got home, connected (automagically) to a neighbor's wireless and assumed that computers were supposed to do that. As if all PCs came with "free" internet, no configuration required.

      --
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  3. Doesn't the provider have any responsibility? by TripMaster+Monkey · · Score: 5, Interesting

    It seems to me that blasting unsecured WiFi around is much like having a trampoline that is unsecured. When children come and jump on it without your permission, and injure themselves as a result, the owner is liable, since the trampoline is an "attractive nuisance".

    If people don't want everyone on their WiFi, they should have to either secure it with a key or restrict it to the premises.

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

  4. Fifth amendment? by KarmaMB84 · · Score: 5, Interesting

    The officer extracted a confession out of a citizen without informing them of their rights. Can we now expect officers to start feigning ignorance about obscure laws only to claim later they looked it up and then use previous confessions to throw people in jail?

  5. Re:You're kidding, right? by zappepcs · · Score: 5, Interesting

    This whole issue is starting to bother me greatly. Sure, if it wasn't an open AP, it would be stealing. If free Wi-Fi wasn't so common an average person might know better. Even in the case of it not being offered to customers, how are you supposed to know? That is tantamount to telling a police officer that you left a bag of $20 bills on a park bench yesterday, and when you went back to get it today it was gone. If you had locked it in the trunk of your car, that would be different. Lets make it more palatable; Say you left a bag of candy bars on a park bench where 100s of children play daily. When you go back the next day to retrieve it, it's gone. What would the police say? Naturally they would hide their laughter until you turn your back to them.

    If public parks are paid for by citizens of that municipality, are people from out of town allowed to use them? Free means free. I was under the impression that if something is only free to customers as a marketing ploy, you have to do something to keep it from those who are not customers. How is this a crime? If a store offers free candy bars to the first 1000 shoppers on Saturday morning as a marketing ploy, have you committed a crime if you take one of the candy bars but don't buy anything? I think that we need to ensure that businesses advertise that they have either FREE Wi-Fi or Free-to-customers Wi-Fi to clear this up. Once it is posted (like no trespassing signs) there is no longer any question about whether it's a crime or not.

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  6. Let's just say for arguments sake... by jmackler · · Score: 5, Interesting

    What if I stood on the public street outside a house at night that didn't have shades on the windows, using the light from the house to read a book. Would that be a crime? If the owner of the utility, the light or the network, wanted to avoid sharing the network, they could take some very simple steps to avoid sharing. If they don't take those simple steps, then there's implied consent, in my mind. It may be rude to use a cafe's connection without shopping there, and it may be rude to use your neighbor's open wifi, but I just can't believe it's illegal.