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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')."

66 of 849 comments (clear)

  1. Not a thief by xtracto · · Score: 5, Insightful

    "intentionally accesses a computer without authorization or exceeds authorized access")."

    Then, I have never stolen WiFi. I have never accessed without authorization; as I have never cracked a WEP or WPA password scheme.

    Everytime I use an available wireless network, I instruct my computer to ask for permission to connect to the router and enter to the wireless network. And most of the time the router gives me such permit and assigns my router an IP. When it does not happen, then I assume the owner has instructed the router to give permission to specific machines (as in, machines with a specific MAC adddress) and hence I do not use such networks.

    Seriously, someone must create an interface in which a person is able to send the commands manually to the router (like the AT commants in a modem) to ask for connection permission (i.e., DHCP protocol). That way, when you are in court, you could use that program along the court's wifi to show them how you are indeed asking for permission and the software is granting you the permission.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
    1. Re:Not a thief by Rinisari · · Score: 5, Insightful

      Exactly the defense that anyone would should use. If the plaintiff says, "Well, I didn't explicitly grant you permission to use my network," then you can fire back, "You did when your router gave me explicit permission by assigning me an IP address and giving me a gateway by which I could access the Internet. Essentially, I asked if I could use the network, and, acting on your behalf since you set it up, it said I could when it gave me the information required to use the network."

    2. Re:Not a thief by palegray.net · · Score: 5, Insightful

      Then, I have never stolen WiFi. I have never accessed without authorization; as I have never cracked a WEP or WPA password scheme. That's the key to the whole debate. I've had a WiFi router at my home and various offices for years. If I enable features designed to limit access (MAC address checking, WEP/WPA encryption, etc) and someone tries to spoof and/or brute force their way into my network, that's theft of service and unauthorized access. If my router is set up for wide open access, I'm granting permission for anyone to use it.

      In general, laws are designed to work like this: that which is not expressly forbidden is permitted. We're talking about radio waves here; before anyone starts up with some dumb analogy to parked cars and leaving the keys in them, consider this: when you use a resource I have made freely available, you're not denying me access to it. Someone might make the argument that excessive use of my resource would degrade its usefulness to the primary (owning) party, but that's easily remedied using simple protection schemes (either block access entirely, or throttle access to unauthenticated clients). I've done exactly this in numerous cases, using various router packages.

      Here's a sad, but interesting article: Man charged with wireless trespassing from July of 2005. To quote a section:

      Wireless networks are becoming more prevalent with the spread of broadband Internet access, and many consumers are not aware of how to configure their networks to avoid unauthorized access. This man was charged with a felony because the owner of the connection failed to educate himself on how to use a point and click interface to secure a home wireless router. Was he up to no good? Maybe, but we don't know for sure, and it's beside the point. If someone were to use my connection for criminal activities, it becomes my problem to prove it was the third party's actions, and not my own that led to the violation of law. He's "innocent until proven guilty" the same as I am. This is why companies (at least ones that aren't interested in getting sued) track their network access and provide authentication schemes.
    3. Re:Not a thief by e03179 · · Score: 5, Funny

      You did when your router gave me explicit permission by assigning me an IP address...
      I am not a Wi-Fi hacker, but I'm pretty sure that humans don't get assigned IP addresses.
      --
      -516
    4. Re:Not a thief by Animaether · · Score: 4, Insightful

      "as I have never cracked a WEP or WPA password scheme"
      Have you ever spoofed a MAC address?
      Have you ever connected to an access point that did not broadcast its SSID?
      Have you ever connected to an access point that says "private", "stay out", or otherwise?

      If 'yes' to any of the above; I don't know about the U.S. law, but in The Netherlands you would still be guilty of "computerhuisvredebreuk"; meaning so much as tresspassing on a computer network

      Then again, a great many people seem to think that even WEP encryption is an open invite to use the system, given the easy of cracking it.

    5. Re:Not a thief by Just+Some+Guy · · Score: 5, Insightful

      Does the law already consider an open, unencrypted network as implicitly giving permission, or is it written to say that if the person who owns that open, unencrypted network has not given permission then it's illegal?

      How does the law answer the same question about websites?

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:Not a thief by Alex+Belits · · Score: 4, Insightful

      This is US -- we don't have real laws that get updated with precise description of what is and isn't a crime. "The law" is whatever the last time judge decided after hearing a shouting match between two attorneys.

      --
      Contrary to the popular belief, there indeed is no God.
    7. Re:Not a thief by palegray.net · · Score: 5, Insightful

      I've never done any of the things you describe, because I consider them to be highly unethical. In my mind, connecting to an unadvertised resource fails the ethics test because there's no way anyone could reasonably imply that consent was given.

      Those who crack networks by breaking WEP, spoofing keys, or other measures should be held legally accountable. People who merely access an open, advertised resource shouldn't be at risk of going to prison.

    8. Re:Not a thief by Bandman · · Score: 5, Funny

      I'm also pretty sure laptops don't get criminal trials

    9. Re:Not a thief by CogDissident · · Score: 4, Funny

      Sure they do, mr 57.85.0.6

    10. Re:Not a thief by Bandman · · Score: 5, Funny

      If the access point is broadcasting a signal which says that it isn't open I don't use it, even if it's using an insecure system such as WEP which might reasonably be treated as an invitation to hack.

      This is apparently some definition of the term "reasonably" of which I was previously unaware.

    11. Re:Not a thief by morgan_greywolf · · Score: 3, Insightful

      Well, I sasked your door permission to open by turning the handle, and when it did, since it was unlocked, I entered your house while you were gone today.

      Since nothing was bolted to your floor, I proceeded to help myself to your TV and associated A/V equipment, your PVR, your Playstation 3, and your Wii. Additionally, your study door similarly allowed me to enter your study, where I noticed some computer equipment that wasn't chained to the desk, so I left with that, too.

      Since your doors granted me permission to enter your house, and they were acting on your behelf since they are on your house, you have no reason to complain.

      Right?

    12. Re:Not a thief by bryce1012 · · Score: 3, Insightful

      An excellent point, and it makes me wonder... Could that judge with all the "porn" on his "website" file criminal charges against whomever dug that stuff up? After all, I'm pretty sure he didn't explicity grant them permission.

    13. Re:Not a thief by Jeppe+Salvesen · · Score: 4, Interesting

      I believe it is a lesser crime to enter without breaking in.

      Now, if you use an open network, you only use bandwidth temporarily. If you leave the network, the bandwidth will still be there. So it's more like entering an unlocked house to take a sip from the faucet. The only crime committed is that you didn't pay for bottled water.

      --

      Stop the brainwash

    14. Re:Not a thief by heckler95 · · Score: 3, Insightful

      No personal offense intended, but if somebody is not knowledgeable enough to figure out how to properly setup the security of a wireless router to match their "desire", as you put it, then one would hope that they would be responsible enough to seek professional assistance, or at the very least, return the router for an easier-to-use model.

      Many of the latest consumer routers actually disable the wireless option at the factory, requiring the user to click through a simple wizard interface and explicitly choose whether to enable or disable security before the radio is turned on.

      How is this any different from setting up a web server on the internet with a published domain name containing sensitive information with no password protection or other authentication? Should anybody who attempts to gain access be imprisoned? I would hope that most reasonable judges would see this deliberate act as implicitly granting permission, even if it is an act of omission.

    15. Re:Not a thief by phoenix.bam! · · Score: 4, Insightful

      Bad analogy. I ring your doorbell and a ticket drops from the mail slot that says "You're free to enter the house and watch some tv."

    16. Re:Not a thief by gurps_npc · · Score: 4, Insightful

      1. The door does not act in your example, the router DOES act. A more accurate analogy would be: I asked your door to open for me AND IT DID OPEN. Not impossible, as many businnssess have doors that automatically open. 2. You had people STEAL things instead of simply enter the house and watch TV. We are describing someone enter the wifi connection and use it to connect to the internet, NOT take other things. Stop trying to ADD real crimes that we are NOT discussing. God, is it THAT hard to pay attention to our points or do you just ignore people that disagree with you and make up vile lies?

      --
      excitingthingstodo.blogspot.com
    17. Re:Not a thief by Just+Some+Guy · · Score: 4, Insightful

      Bad analogy. I ring your doorbell and a ticket drops from the mail slot that says "You're free to enter the house and watch some tv."

      That was even worse. More accurate analogy: you have a loudspeaker shouting "HI! COME IN!" to all passersby. I ring your doorbell, and a key to the house and a nametag pops out of the mail slot.

      Don't want me in your house? Don't advertise free admission then give me a key and a nametag.

      --
      Dewey, what part of this looks like authorities should be involved?
    18. Re:Not a thief by Anonymous Coward · · Score: 5, Insightful

      I liken using somebody's unsecured wireless network to listening to a neighbor's music that they play loud enough for me to hear. I didn't ask my neighbor to send wifi signals into my home.

    19. Re:Not a thief by profplump · · Score: 4, Informative

      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.

    20. Re:Not a thief by McDutchie · · Score: 5, Insightful

      So it's more like entering an unlocked house to take a sip from the faucet. The only crime committed is that you didn't pay for bottled water.

      Except that you didn't enter any house. Your neighbour is transmitting their open-access signal into your own house for you to use. Your analogy is therefore broken.

    21. Re:Not a thief by eebra82 · · Score: 4, Insightful

      I hate the house analogy when used in these debates. What if someone sets up a WiFi zone that covers dozens of apartments? Are you basically saying that there is a house - that you may or may not enter - in my apartment? This is where that analogy fails, because a house is still property. My apartment is, however, my property and what's in it is rightfully mine.

      The WiFi, if not secured, is simply private space because there is no sign that prohibits trespassing. Why the hell should I be a criminal if someone penetrates my apartment with WiFi signals that are not secured by password?

      By breaking through the encryption, you're obviously doing something criminal. But that's something entirely different, too..

    22. Re:Not a thief by xtracto · · Score: 5, Insightful

      If you leave the network, the bandwidth will still be there.

      That could presumably be false if whoever is paying for the service pays for a limit GB/month allowance

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    23. Re:Not a thief by wild_quinine · · Score: 3, Interesting
      This kind of misses the point, actually. The purpose of a door, other than to keep heat in, is to DENY access. If you don't need to deny access, you don't need a door. Having a door at all is analagous to enabling WPA or WEP.

      By contrast, the purpose of a router is to ALLOW access. Only the encryption routines and MAC filtering are there to filter that access.

    24. Re:Not a thief by TheSpatulaOfLove · · Score: 5, Funny

      I'm also pretty sure laptops don't get criminal trials Laptops may not, but printers are subject to civil lawsuits - Right, RIAA?
    25. Re:Not a thief by Just+Some+Guy · · Score: 4, Informative

      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.

      --
      Dewey, what part of this looks like authorities should be involved?
    26. Re:Not a thief by DriedClexler · · Score: 5, Funny

      *sigh*

      Three things are certain in life:

      1. Death
      2. Taxes
      3. Increasingly complicated analogy wars in discussions of wi-fi freeriding

      --
      Information theory is life. The rest is just the KL divergence.
    27. Re:Not a thief by Illbay · · Score: 5, Funny

      Not true. Haven't you heard? The U.S. Supreme Court has now granted full U.S. Constitutional protections to laptops. Even if they're being detained at Gitmo.

      --
      Any technology distinguishable from magic is insufficiently advanced.
    28. Re:Not a thief by zmooc · · Score: 3, Informative

      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.

      --
      0x or or snor perron?!
    29. Re:Not a thief by evilandi · · Score: 5, Interesting

      I believe it is a lesser crime to enter without breaking in.

      Correct. Burglary is the act of breaking AND entering AND committing theft (logical AND; all three must happen). Theft is the intention to permanently deprive someone of physical property. Since accessing open WiFi does not involve depriving someone of physical property (neither permanent nor temporary), it is neither theft nor burglary.

      Fraud covers many crimes such as obtaining goods or services through deception. Since there was no deception, there was no fraud.

      A door does not reply with a message granting me access; the fact that it is open, closed, locked, unlocked, slightly ajar or otherwise is legally irrelevant - the important thing with burglary is that you had to break something to gain entry and then take something without permission, with no intention of giving it back.

      An open WiFi router does specifically reply with a message granting me permission. The fact that it uses a particular protocol or particular encryption is legally irrelevent - the important thing is that it replied back with a message specifically granting me permission. Users are authorised.

      (Declaration of interest: I run a deliberately open WiFi hotspot - albeit heavily firewalled and bandwidth-throttled. )

      --
      Andrew Oakley - www.aoakley.com
    30. Re:Not a thief by Innova · · Score: 4, Funny

      A bad analogy is like a leaky screwdriver.

    31. Re:Not a thief by SeekerDarksteel · · Score: 4, Insightful

      An unsecure wireless network is NOT an invitation, and negotiating a network connection does not equate implied permission to use the network.

      Did you check your email this morning? If so, did you call up Google or Yahoo or your ISP or whoever provides it and ask them if you had permission to connect to their server?

      Did you call the person hosting TFA before clicking on the link asking if you had permission to access their server?

      Of course not. That's preposterous. Because the nature of a computer network is DEFAULT ALLOW. If it were not, the internet as we know it today would be impossible. Quite literally, the fact that I _can_ connect to a webserver makes it okay. The fact that I _can_ connect to an SMTP or POP3 server implies I have permission. And the fact that a wireless router grants my laptop an IP address is literally the router saying "Feel free to use me however you want."

      Just because people don't realize this fact doesn't make it any less the case. Otherwise, I could set up a webserver, buy a domain, then sue anyone who connects to my webserver for accessing my computer without my permission. I pay per GB of bandwidth the server uses, how dare you connect to _my_ webserver and use _my_ bandwidth.

      --
      The laws of probability forbid it!
    32. Re:Not a thief by Martin+Blank · · Score: 3, Informative

      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.

      --
      You can never go home again... but I guess you can shop there.
    33. Re:Not a thief by Fast+Thick+Pants · · Score: 4, Interesting

      Suppose you bought a used car lot, but not to sell the cars, just to have a nice inventory onhand for your friends and family who live nearby. You want to make it easy and convenient, so you get all the cars rekeyed so the same key will operate them all. You want to announce this service and distribute the keys, but it's too much trouble to look up each person's mailing address. So you get 1000 copies of the key made and bulk-mail them to everyone in the zip code, addressed to "Occupant", with an invitation that says "Feel free to borrow one of my cars!"

      Naturally, you assume that only the friends and family you intended will use the cars. Imagine your surprise when you see strangers borrowing the cars!

      Is this bad? Well, it's not doing anyone any harm... as long as you have enough cars left over for your friends and family too... as long as the strangers don't run over pedestrians with your cars and get the cops on your ass... as long as the local car rental company doesn't find out and come break your kees for stealing their business... Hmm, all in all, maybe it'd be safer to give the keys out only to selected individuals!

    34. Re:Not a thief by somersault · · Score: 3, Interesting
      From wikipedia:

      It is common to see examples that attempt to show that the IPv6 address space is extremely large. For example, IPv6 supports 2^128 (about 3.4x10^38) addresses, or approximately 5x10^28 addresses for each of the roughly 6.5 billion (6.5x10^9) people alive today.[1] In a different perspective, this is 252 addresses for every star in the known universe[2] - more than ten billion billion billion times as many addresses as IPv4 supported. Now, I don't know about you but I think that is quite reasonable for now. When we all need 5x10^28 addresses each (not to mention the extra addresses each person can get behind a NAT) then there will be a problem.. in the meantime, "5x10^28 IP addresses should be enough for anyone" ;)
      --
      which is totally what she said
    35. Re:Not a thief by Fast+Thick+Pants · · Score: 4, Insightful

      Wait wait, better -- you bulk mail out the invitation to "Occupant", but it doesn't include the key. Instead of getting the cars rekeyed, you just have a giant rack of keys, and you hire a guy, Vito Linksysio, to hand out the keys as needed. Now, you *could* give Vito pictures of people who are allowed to borrow the cars, but that's too much trouble. You *could* tell him that people have to know a password to get a car, but that's too much trouble. So you just tell him to hand a key to whoever shows up.

      And even though you've mailed the invitation to the entire zip code, you're still shocked, shocked to find that strangers are borrowing the cars. How forward of them!

    36. Re:Not a thief by Joe+the+Lesser · · Score: 4, Funny

      And in California you can marry them!

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
    37. Re:Not a thief by Dread_ed · · Score: 3, Funny

      If you simply enter a house, stand around inside, and leave when asked without breaking anything, you have committed no crime.

      I have GOT to try that! Where do you live? :)

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    38. Re:Not a thief by HTH+NE1 · · Score: 3, Insightful

      Now, I don't know about you but I think that is quite reasonable for now. When we all need 5x10^28 addresses each (not to mention the extra addresses each person can get behind a NAT) then there will be a problem.. in the meantime, "5x10^28 IP addresses should be enough for anyone" ;) What I mean is that limits should be unreasonably large or else they will prove to be unreasonably small. A reasonable limit will invariably be proven too low. Preferably, limits should be done away with when at all possible, but if they must exist, let them be unreasonably large.

      Reasonable? If every person required one new IP address every millisecond it would still take 1.58444 x 10^18 years to exhaust them.

      And I meant it jokingly here. IMO IPv6 gets it right by setting a very unreasonable (-ly high) limit. But, since you didn't laugh, I have to be serious now.

      With developments today, I wouldn't be surprised if someone finds a reason to consume huge swaths of IP addresses rapidly. Maybe not by assigning every RFID tag a unique IPv6 address, but who knows how many may actually be in a single product. Or maybe, taking your figure of 5x10^28 IP addresses per person, that's a big address space in which to randomly route packets to prevent their reassembly by an outside party. You may just have to do that to protect your privacy against the ubiquitous microscopic self-replicating cameras floating around everywhere like grains of dust, each with their own IP addresses as well.

      There's another phrase, I think it goes, "Programs will expand to fill available memory." If you give a huge space for IP addresses, expect IP assignments to grow to fill that address space. Even to waste it by doing sparse allocation.

      There are programmers out there today that think not consuming a processor 100% all the time is a waste of processing power, so they write wastefully inefficient code all the time to utilize the processor all the time, ignoring the needs of other concurrent proceses.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    39. Re:Not a thief by mr_matticus · · Score: 3, Insightful

      The hell they aren't!

      During business hours, you're a business invitee to the property. You have tacit permission to enter, but the owner can still ask you to leave.

      There is no such license to enter private property. If the owner hasn't expressly authorized your presence, you're trespassing.

      The only way these are similar is that if you use an unsecured wifi network, you must take responsibility for the fact that you may be trespassing. Locked or unlocked, it's still their network. You don't get to enter the house just because the door's open. And before anyone complains about "unsolicited radio waves"--guess what? Radio waves aren't actionable as a nuisance, nor are scents (apart from those indicative of health code violations), nor are the damn photons flying into your eyes. If you want to be certain you're not doing anything improper, seek permission and don't use unsecured networks unless you know you've been authorized. Otherwise, you bear the risk of being at fault for unauthorized access, just like when you go berrypicking in the woods.

  2. Officially a crime? by skirmish666 · · Score: 3, Interesting

    Could you clarify, a wifi hotspot is classified as a computer? It's intentionally accessing a network for sure, but don't know about a computer.

    --
    Sigger than your average
  3. This can be argued, but... by idiot900 · · Score: 4, Insightful

    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")." Would this apply to an access point which advertises its SSID and doesn't demand credentials from users? I would argue that it authorizes everyone to use it. To draw an analogy, it isn't just leaving your front door unlocked, it's leaving it unlocked and putting up a sign that says "Please come in!". So I don't see how accessing an open access point is a officially a crime.

    But then again, I'm not a lawyer.
  4. Authorization by Hatta · · Score: 5, Interesting

    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"


    Open routers have a policy of allowing authorization by default. As such, using an open router is not illegal under this act. If you have to crack anything, then it is illegal. But a simple open router is no different than an open anonymous FTP site, web server, irc server, etc.
    --
    Give me Classic Slashdot or give me death!
  5. How Guilty? by stewbacca · · Score: 4, Insightful

    How guilty do I feel when my computer/phone/whatever connects to a wide-open wifi signal without even prompting me to do anything? How about, "not at all"?

  6. Not At All? by D+Ninja · · Score: 5, Funny

    But how guilty do we really feel? About as guilty as I feel when I drive above the speed limit.
  7. I can neither confirm nor deny... by Ngarrang · · Score: 4, Funny

    ...that I may or may not be using yours or someone else's unsecured wi-fi access point, Definitely maybe not, to post this response.

    --
    Bearded Dragon
  8. This story is stupid by pilbender · · Score: 3, Interesting

    WiFi hotspots are all over. I've connected to dozens of them. That's what they are for.

    So the only way a person *knows* it's not intended to be a public network is by having someone complain about it after the fact. Lots of people leave their WiFi open at home as a "public service".

    It's different to intentionally circumvent protections that are in place, like WEP or restriction by MAC address. That's prying open a locked door so to speak.

    Sometimes I think these article summaries are intentionally worded to get slashdotters cranked up. Okay, it worked on me.

    --
    Fresh horses and more whiskey for my men.
  9. Re:no theft here by KingArthur10 · · Score: 3, Insightful

    Routers/Access Points are computing devices more sophisticated than the computers of the early 80s.

    --
    I came, I saw, She conquered.
  10. Blame Windows by sunderland56 · · Score: 4, Interesting

    Windows is, by default, configured to automatically connect to new networks. Which means, it is configured to silently break the law, without your knowledge. The 53% of people who admit to stealing WiFi is probably really higher - many people don't know where thier bits are coming from.

    The power went off in my house the other day - and nobody noticed. The four or five laptops in use all silently switched over to a neighbour's network. I can't see that being considered a crime.

  11. Broadcast = Permission by Toe,+The · · Score: 5, Insightful

    Indeed. I don't know how the law is interpreted, but I cannot imagine how anyone who broadcasts an unencrypted radio signal can complain if someone else picks up that signal. It would be like a TV station claiming that you are stealing their content because you tuned into their channel.

    You could say that a wifi router is different from TV because the activity is two-way: but the wifi router chooses to respond to me. If the owner of the router never bothered to tell their router not to respond to me, then is it my fault that it does? Am I guilty if my computer merely pings their router because it created a response on that router? They are the one who initiated the communication by broadcasting hello packets.

    1. Re:Broadcast = Permission by Just+Some+Guy · · Score: 5, Insightful

      Am I guilty if my computer merely pings their router because it created a response on that router? They are the one who initiated the communication by broadcasting hello packets.

      Complicating matters is that certain popular OSes (XP, I'm looking at you) tend to auto-connect to the strongest signal available, no matter how nicely you ask them to stop doing that. If you're closer to your next-door neighbor's WAP than your own, and Windows decides to use his without asking your permission or even telling you, then can you really be considered guilty of anything? And doesn't that mean that the world's largest OS vendor considers "default allow" to be the correct interpretation of WAP etiquette?

      As little as I'm a fan of MS, I think "that's the way Windows does it automatically" would be a pretty good defense against criminal intent, even if a jury disagreed with the legality of the actions themselves.

      --
      Dewey, what part of this looks like authorities should be involved?
  12. Re:Not a thief - depends by Anonymous Coward · · Score: 5, Informative

    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.
  13. Does the law really say this? by feenberg · · Score: 5, Informative

    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.

  14. tsoat by Tsoat · · Score: 5, Insightful

    Encrypt your signal or expect people to use it. It's that simple folks

  15. "Stealing" isn't the right word. by Anonymous Coward · · Score: 3, Interesting

    I leave my access point open on purpose. Anyone can connect, and I even named my router "Open Access Point". If someone connects, I don't think they're stealing from me.

    At some point, I think society would be better served by everyone leaving all of their access points open. I love the idea of mesh networks and eliminating the need for everyone to have a wired connection to the internet.

  16. Re:no theft here by nanop · · Score: 5, Funny

    We'll today'll be the last time I heat my burrito in the microwave in "Executives Only" lounge, lest I be charged under Title 18, Part 1, Chapter 47...

  17. I don't get it by leoboiko · · Score: 4, Interesting

    I don't see what's the drama with open access. I leave my AP open on purpose, with an essid starting with "free_" to reinforce the idea, and a simple QOS setup to give me priority over my neighbors. I can't even notice when they're using the net, and I counted more than 10 different MAC addresses so far. More people using the net == good. It's not like I need all my bandwidth 24/7...

    in b4 "but pedophiles will get you jailed, think of the children!!" -- I'm no more responsible for that than the hot dog vendor in the corner would be if ninja terrorists employed his hot dogs as lethal weapons.

    --
    Prescriptive grammar:linguistics :: alchemy:chemistry. Stop being a nazi and learn some science.
  18. Re:no theft here by sm62704 · · Score: 3, Insightful
    Your subject is correct, the summarry is wrong.

    steal
          Audio Help /stil/ Pronunciation Key - Show Spelled Pronunciation[steel] Pronunciation Key - Show IPA Pronunciation, verb, stole, stolen, stealing, noun
    -verb (used with object)
    1. to take (the property of another or others) without permission or right, esp. secretly or by force: A pickpocket stole his watch.
    2. to appropriate (ideas, credit, words, etc.) without right or acknowledgment.
    3. to take, get, or win insidiously, surreptitiously, subtly, or by chance: He stole my girlfriend.
    4. to move, bring, convey, or put secretly or quietly; smuggle (usually fol. by away, from, in, into, etc.): They stole the bicycle into the bedroom to surprise the child.
    5. Baseball. (of a base runner) to gain (a base) without the help of a walk or batted ball, as by running to it during the delivery of a pitch.
    6. Games. to gain (a point, advantage, etc.) by strategy, chance, or luck.
    7. to gain or seize more than one's share of attention in, as by giving a superior performance: The comedian stole the show.
    -verb (used without object)
    8. to commit or practice theft.
    9. to move, go, or come secretly, quietly, or unobserved: She stole out of the house at midnight.
    10. to pass, happen, etc., imperceptibly, gently, or gradually: The years steal by.
    11. Baseball. (of a base runner) to advance a base without the help of a walk or batted ball.
    -noun
    12. Informal. an act of stealing; theft.
    13. Informal. the thing stolen; booty.
    14. Informal. something acquired at a cost far below its real value; bargain: This dress is a steal at $40.
    15. Baseball. the act of advancing a base by stealing.
    --Idiom16. steal someone's thunder, to appropriate or use another's idea, plan, words, etc.

    Accessing a hotspot without authorization may be a crime, but so is smoking pot. Is smoking marijuana "thieft"?

    You are correct, TFS is wrong. If I steal your truck you don't have access to your truck. If I hide in its bed and ride downtown with you without your knowledge, it may be wrong and it may be illegal but I didn't steal anything.
    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  19. My Ungrounded Lightning by Doc+Ruby · · Score: 4, Funny

    When I use WiFi signals that are in the air somewhere that I've got a right to be myself, like in my own home or office, I feel the same way about using it as I do when I use an electrical ground wire. Or reading a newspaper in the incident light.

    If those electrons or photons are trespassing in my private property, whoever sent them there is fortunate that I don't take countermeasures, in court or with a lethal focusing reflector.

    --

    --
    make install -not war

  20. Even better analogy by GameboyRMH · · Score: 3, Insightful

    You ring the doorbell, a ticket drops from the mail slot that says "You're free to enter the house and watch some TV", and the door swings open for you, and a lighted path to the TV illuminates on the floor. Valuable objects may be in plain view, but messing with them in any way wouldn't be ethical, since they are clearly personal, whereas access to the TV isn't.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  21. Re:You forgot to add... by rodney+dill · · Score: 5, Funny

    Sorry I'm not at 127.0.0.1 right now, please leave a message... (beep)

    --

    Use your head, can't you, use your head,
    You're on earth, there's no cure for that
    - S. Beckett
  22. California law by BasharTeg · · Score: 4, Insightful

    Just for everyone's entertainment, the california statute that applies is:

    California Penal Code Section 502(c)(3) and 502(c)(7).

    And for all of the idiots stating that the "router" gave them permission, give me a break. The router isn't a legal entity, and only works in the way you interact with it. Just like the door knob.

    I twisted the doorknob (initiated association with the accesspoint), and the doorknob gave me permission to enter by retracting the latch (allowing me to associate and giving me a DHCP lease). The owner of the door could have configured the door differently, by engaging the lock mechanism (using WEP or WPA), so since he didn't I'm free to enter and watch his HBO (use his broadband internet access). I'm not "stealing" from him, because it's not like he has less HBO (internet) now that I've viewed some of his HBO (internet).

    A big part of what a lot of people are missing is, even if you had a point regarding associating with his wireless network because it is open (which you don't), that only gives you authorization to access his LAN. You still have no right to use his paid broadband internet services. You don't have that right, because you aren't paying the ISP, and because the owner of the access point doesn't have the right to share or transfer his right to use his internet service with all of his neighbors, just like I don't have the right to share my HBO programming with all of my neighbors. It's called theft of service. Even if you claim the right to access the wireless owner's network, you certainly do not have permission to access the ISP's network. And even if I run coax down my lawn, and put a coax jack at the end of my property so that people on the sidewalk can screw into it and watch HBO, that doesn't mean I have any right to share my HBO or that you have any right to leech service that you're not paying for.

    Using someone else's wifi is a crime, because you're not just accessing their network, you're accessing their ISP's network without permission. Giving away your wifi by intentionally hosting open access points is very likely a breach of your contract with your ISP.

    1. Re:California law by SanityInAnarchy · · Score: 3, Insightful

      And for all of the idiots stating that the "router" gave them permission, give me a break. The router isn't a legal entity, and only works in the way you interact with it. Just like a laptop -- many of which are configured to auto-connect to any open wireless.

      I twisted the doorknob (initiated association with the accesspoint), and the doorknob gave me permission to enter by retracting the latch (allowing me to associate and giving me a DHCP lease). Never mind that the doorknob also had a little built-in speaker screaming "Hey everyone! Free stuff in here!" (SSID broadcast.)

      I'm not "stealing" from him, because it's not like he has less HBO (internet) now that I've viewed some of his HBO (internet). Except he does. If he's on a metered service, he does have less Internet. Even if he's not, I'd be sucking down bandwidth, possibly lagging him out if he's on at the same time.

      that only gives you authorization to access his LAN. You still have no right to use his paid broadband internet services. No, the fact that the same DHCP lease also included information about available gateways and DNS servers, and that the DNS servers responded, and the gateway let me through -- I think that pretty much constitutes an invitation to use his broadband.

      You don't have that right, because you aren't paying the ISP, and because the owner of the access point doesn't have the right to share or transfer his right to use his internet service with all of his neighbors, Really? How should I know? Shouldn't that be (again) their responsibility for not sharing their service with me (assuming they don't have that right), rather than my responsibility to ask them (and then their ISP) for permission?

      What if they tell me it's OK? Surely, if I'm visiting someone's house, there's no meaningful difference between them sharing their Internet with my laptop, or inviting me to use their computer.

      For that matter, if SSID broadcast, working DHCP, working DNS, and a working gateway aren't enough to authorize someone, is there any technological means by which I can declare a wireless network to be open and legal?

      just like I don't have the right to share my HBO programming with all of my neighbors. As far as I know, it's still legal to throw your own superbowl party -- invite a few friends over to watch TV with you. So your analogy fails.

      Giving away your wifi by intentionally hosting open access points is very likely a breach of your contract with your ISP. Then that is between you and your ISP -- not between every random passerby with an iPhone and your ISP.

      Using someone else's wifi is a crime You've fallen into the same trap as the MPAA -- I bet you think sharing copyrighted music is a crime?

      Wrong on both counts. When I go to the coffee shops in this town, they have public wifi set up, deliberately, explicitly as free for their customers -- one of them has a sign in the window from their ISP which advertises it.

      And copyrighted music, of course, is entirely legal to share if you have permission of the copyright holder to do so.
      --
      Don't thank God, thank a doctor!
  23. Re:set geography_mode = typical_American by level99 · · Score: 3, Funny

    What if you're standing exactly on the border between Germany and Singapore?

    Then I for one welcome you as our new super giant mega Godzilla-like overlord, and you can use whatever access point you like. Seriously. Whatever you like.

  24. Re:If you really want to pick up this analogy and by Orange+Crush · · Score: 4, Funny

    maybe the problem is just that there's no easy way to differentiate between a deliberately open router and a purposefully left open one...

    Indeed. I think there may be no way at all to differentiate between a router left open deliberately and one left open purposefully.

  25. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion