Confessions of a Wi-Fi Thief

Michelle Shildkret from Time wrote in to tell us about a story about "the ethics of stealing Wi-Fi. Many of us been guilty of the same crime at one point or another — according to the article, 53% of us at least. But how guilty do we really feel? As it is officially a crime to steal wi-fi (Title 18, Part 1, Chapter 47 of the United States Code, which covers anybody who 'intentionally accesses a computer without authorization or exceeds authorized access')."

Comments

Re:Not a thief - depends

[Anonymous Coward]

It depends from country to country:

• In Singapore you can be arrested for using an open access point because it is not clear that it was set up for you to use.
  
• In Germany you can be arrested for having an open access point because it is clear that you have set it up for others to use.
  

Ahh.. the logic of law.

Does the law really say this?

[feenberg]

Here is a link to the actual law:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001030----000-.html

In addition to "intention" there seems also to be a requirement for damage or fraud, or revealing atomic secrets. I don't think it is obvious that using a wi-fi router based on a DHCP reply is improper under the law, although the syntax of the law is complex. Walking up the front walk of a home to ring the doorbell isn't necessarily trespassing, even without permission.

Re:Not a thief

[profplump]

Entering an unlocked, unposted house is not a crime, at least not in my jurisdiction. If you enter a locked house, you're breaking and entering. If you enter a house posted with no trespassing signs, or enter a house and refuse to leave after being instructed to do so by a legal resident or their agent, you are trespassing. If you simply enter a house, stand around inside, and leave when asked without breaking anything, you have committed no crime.

Re:Not a thief

[Just Some Guy]

There is a door, in that if you don't have an IP on that WAP for whatever reason, then it's not going to pass traffic with you. Once you associate with it and get a DHCP lease, that door's wide open.

Re:Not a thief

[zmooc]

The terminology of DHCP is even more clear than that of a simple login-form. It OFFERS you a LEASE. Next you REQUEST permission to use that LEASE after which the server ACKNOWLEDGES you REQUEST for a LEASE to use the network. Misunderstanding this is impossible if you speak english.

A door doesn't, it merely opens, after which you still haven't been offered, granted, requested or acknowledged permission to enter the house.

Re:Not a thief

[Martin Blank]

No. The same FCC regulations that cover the use of that spectrum also protect people from claims of interference. You only have a claim if you can show that the equipment in use by the other person is interfering with other electronic equipment, and even then there may be limits. You cannot complain, for example, that their microwave oven, which disrupts your wireless signal because it leaks somewhat around channel 9 and you use something in the range of 6-11 inclusive, is degrading your experience because that's simply a risk that you accept when using equipment in the 2.4GHz spectrum. The same thing applies to Bluetooth and 2.4GHz phones, which can interfere with all channels, though equipment in this spectrum is generally designed to co-exist fairly well.