Wi-Fi Piggybacking Widespread

BaCa sent in this article about stealing network access that opens, "Sophos has revealed new research into the use of other people's Wi-Fi networks to piggyback onto the internet without payment. The research shows that 54 percent of computer users have admitted breaking the law, by using someone else's wireless internet access without permission." Of course, online polls being what they are, the results are hardly a plank for a full investigation, but a good share of the answerers did 'fess up to it as well.

Comments

Per Federal Law, Piggybacking IS legal

[Anonymous Coward]

Per Federal Law, Piggybacking IS legal
US law clearly states that accessing unencrypted wireless is legal.
But first, I want to address a lie that was started by Alex Leary, a reporter for the St Petersburg Times. I have been following this story since it appeared. A "Benjamin Smith" was never arrested by the St. Petersburg Police for unauthorized access to a computer network, never charged with a third-degree felony, never booked by the Pinellas County Sherff's Office, and never scheduled for a pretrial hearing. There was no follow up to the story because there was no trial. Alex Leary made the whole story up.
Do not spread urban legends. Especially about the law. When you are told that something is against the law, ask which specific law? When you are told someone was arrested, ask for the booking number? Went to trial, docket number. When someone cannot answer these questions, do not believe them.
Accessing unencrypted wireless is VERY legal.
According to Title 18 (Crimes and criminal
procedure) of the United States Code, Part I
(Crimes), Chapter 119 (Wire and electronic
communications interception and interception of oral
communications) from
http://www.usdoj.gov/criminal/cybercrime/wiretap2510_2522.htm :
2511. (2)(g) It shall not be unlawful under this
chapter
http://www.usdoj.gov/criminal/cybercrime/wiretap2510_2522.htm
or Chapter 121
http://www.usdoj.gov/criminal/cybercrime/ECPA2701_2712.htm
of this title for any person --
(i) to intercept or access an electronic
communication made through an electronic
communication system that is configured so that such
electronic communication is readily accessible to
the general public;
2510. Definitions
(16) "readily accessible to the general public"
means, with respect to a radio communication, that
such communication is not --
(A) scrambled or encrypted ;
(B) transmitted using modulation techniques whose
essential parameters have been withheld from the
public with the intention of preserving the privacy
of such communication;
(C) carried on a subcarrier or other signal
subsidiary to a radio transmission;
(D) transmitted over a communication system provided
by a common carrier, unless the communication is a
tone only paging system communication; or
(E) transmitted on frequencies allocated under part
25
http://www.access.gpo.gov/nara/cfr/waisidx_04/47cfr25_04.html,
subpart D
http://edocket.access.gpo.gov/cfr_2004/octqtr/47cfr74.401.htm ,
E
http://edocket.access.gpo.gov/cfr_2004/octqtr/47cfr74.501.htm ,
or F
http://edocket.access.gpo.gov/cfr_2004/octqtr/47cfr74.600.htm
of part 74
http://www.access.gpo.gov/nara/cfr/waisidx_04/47cfr74_04.html ,
or part 94 http://wireless.fcc.gov/rules.html of the
Rules of the Federal Communications Commission
http://wireless.fcc.gov/rules.html , unless, in the
case of a communication transmitted on a frequency
allocated under part 74
http://www.access.gpo.gov/nara/cfr/waisidx_04/47cfr74_04.html
that is not exclusively allocated to broadcast
auxiliary services, the communication is a two-way
voice communication by radio; [The unlicensed
spectrum used by Wi-Fi
http:

Re:I agree its wrong

[Shakrai]

By that definition, my operating system is in violation of the law whenever it scans for an available network and presents it to me for connection.

New York's definition is a lot better. Of course, I can't pull it up right now, because section of the Assembly site with our laws seems to be down, but it basically requires that you have to bypass a "password or code system" in order to commit the crime of "unauthorized use of a computer".

That's actually quite logical. Connecting to an open wi-fi network is not a crime in New York State. Bypassing someones WEP key in order to use his wi-fi however, is.