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Comments on news posted 2006-03-10 15:15:34: Ontario Provincial Police charged a 25-year-old man last week under Section 326 of the Criminal Code - "Theft of Communications," reports a local news outlet. This follows arrests in St. Petersburg, Florida and the UK last year. ..

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Scilicet
Premium
join:2005-04-11
Aurora, CO
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1 edit

What Is A Crime?

The arrests have led to plenty of confusion in the media and among law enforcement over what constitutes a crime.
It seems quite clear to me. Freeloading is theft, period.
--
Be kind, for everyone you know is facing a great battle. (Philo of Alexandria)

knightmb
Everybody Lies

join:2003-12-01
Franklin, TN

Re: What Is A Crime?

said by Scilicet:

The arrests have led to plenty of confusion in the media and among law enforcement over what constitutes a crime.
It seems quite clear to me. Freeloading is theft, period.
If you have a sign outside of your door that says "free money" and a huge pile of money next to it. Are you going to arrest everyone that comes up to grab some cash and yell "thief!".

I see wireless access the same way. Everyone knows that this little device allows *any* computer to connect to it and get Internet access. If you don't want that, then you secure it, even if it's just plain old 64 bit WEP, it's better than nothing. If someone breaks into it and then starts stealing bandwidth after you already put in the "no freeloaders sign" encryption on, then I can see it being a good reason to arrest someone for stealing.

Anything else is just media hype and people looking to get 15 seconds of fame as far as I'm concerned.
raccettura

join:2002-09-28
USA

Re: What Is A Crime?

said by knightmb:

I see wireless access the same way. Everyone knows that this little device allows *any* computer to connect to it and get Internet access. If you don't want that, then you secure it, even if it's just plain old 64 bit WEP, it's better than nothing. If someone breaks into it and then starts stealing bandwidth after you already put in the "no freeloaders sign" encryption on, then I can see it being a good reason to arrest someone for stealing.
If someone doesn't patch their Windows computer, it gets hacked, and CC #'s stolen....

who is wrong? Isn't that just an invitation to take data? It's the exact same argument, just a different piece of hardware.

In this case, the user of the unpatched computer left a sign on it saying "Here, have my credit card number".

No difference.

djrobx

join:2000-05-31
Valencia, CA
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1 edit

Re: What Is A Crime?

quote:
If someone doesn't patch their Windows computer, it gets hacked, and CC #'s stolen....

who is wrong? Isn't that just an invitation to take data? It's the exact same argument, just a different piece of hardware.

In this case, the user of the unpatched computer left a sign on it saying "Here, have my credit card number".

No difference
There's a huge difference there: Intent. There's nothing nefarious about jumping onto a neighbor's wifi and surfing the web. It is highly unlikely that the neighbor who set up the unsecured access point would ever know it was happening. Bandwidth currently isn't charged by the byte, it's use it or lose it. I obviously wouldn't condone large file downloads or other activities that will cause noticeable slowdowns for the paying user.

If you take someone's personal info and use their credit cards, they WILL know, it WILL cause them hardship, and it IS theft.

I equate using an open access point for light tasks as someone pulling into my driveway to do a 3 point turn-around real quick. Legally it's probably tresspassing,and it's something one probably shouldn't do, and is not real courteous, but no lasting harm is done so I just tolerate it. No harm no foul.
--
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marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1

Re: What Is A Crime?

said by djrobx:

There's a huge difference there: Intent. There's nothing nefarious about jumping onto a neighbor's wifi and surfing the web. It is highly unlikely that the neighbor who set up the unsecured access point would ever know it was happening.
So, using an AP to download email is okay, but using an AP to download email containing child porn worm is not?

Accessing a website is okay, but accessing a child pron website is not?

How about unintentional harm, like downloading a worm via email, or accessing a website that downloads network compromising software? What if the user accidentally opens up the network to attack from those with nefarious intent (something all too common for intentionally open wifis)?
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Techman21

join:2005-04-14
Richmond, VA

Re: What Is A Crime?

Uh. The difference? You gotta be kidding me. He was probably arrested because in most locations child porn is illegal.

In Va the code is: § 18.2-374.1:1. Possession of child pornography; and is a felony crime. So yeah he was most likely arrested for accessing child porn for personal pleasure which is not a legit purpose at least in the U.S. Because apparently certain people are allowed to view child porn for research.

If you don't understand what you are buying then read a book and get a clue, otherwise don't bother with it. Computers demand a certain know-how & knowledge. If you don't possess it then learn or don't bother. We don't need laws to govern every little damn detail because people don't know how to operate equipment. If that were the case MS should have been out of business long ago because they have grossly neglected the security in every version of windows, with exception to maybe 1.0. You can patch every flaw that currently has a patch and still be vulnerable to an attack. So what? You going to sue MS for negligence? Even with closing up a wifi network if someone really wanted to get in they could. WIFI AS IT IS, IS NOT SECURE! NO MATTER WHAT YOU DO. Its open-air...the whole idea of wifi is insecure.

Now one argument that could be used in the defense, which I'm unsure whether it has been posed or not...

Say I were to have a database that allowed employees to telnet into it, as long as they know the correct IP as it is not advertised on the net. Yet a guest account was left for those employees that forget their passwords. And a non employee was to access the database. That guest account is not saying come one come all and join in. If unauthorized access was still achieved by that non-employee I'm certain that a court would find a case in the favor of the company as its intention was not to allow others outside of the business access the site.

Granted that is somewhat of a poor example.

phattieg

join:2001-04-29
Winter Park, FL
Reviews:
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Re: What Is A Crime?

said by Techman21:

Say I were to have a database that allowed employees to telnet into it, as long as they know the correct IP as it is not advertised on the net. Yet a guest account was left for those employees that forget their passwords. And a non employee was to access the database. That guest account is not saying come one come all and join in. If unauthorized access was still achieved by that non-employee I'm certain that a court would find a case in the favor of the company as its intention was not to allow others outside of the business access the site.

Granted that is somewhat of a poor example.
No, more like the court would not do much unless $10,000 of damage was inflicted. Then they would probably fine you for leaving personal info in the open, unsecured. Very poor example, because you would walk away just as screwed as you were when the data was stolen...
raccettura

join:2002-09-28
USA
said by djrobx:


I equate using an open access point for light tasks as someone pulling into my driveway to do a 3 point turn-around real quick. Legally it's probably tresspassing,and it's something one probably shouldn't do, and is not real courteous, but no lasting harm is done so I just tolerate it. No harm no foul.
It's not just trustpassing.

In most states, that's a moving violation. You can't use private property (without permission of the owner) to operate a moving vehicle. Same as using a gas station on the corner to get around a red light.

Chicago_DSL6

join:2003-08-04
South Elgin, IL

1 edit

Re: What Is A Crime?

I like the response by one poster on a similar topic recently using a neighbor's light as an example. So, if a neighbor's outdoor light reaches my property line, does that mean my neighbor is technically trespassing? HAHAHA...

This is a stupid topic, honestly. I could not agree more that computers do require a certain know how. RTFM or pay someone to do it for you, EOF.
DSL Oberst

join:2001-11-29
There's a huge difference there: Intent.

And there you have the problem - intent, or rather, the proving thereof. How can it be proven beyond reasonable doubt that someone is accessing wifi for a non-nefarious purpose? How do you know for sure that the person is benign?

Any time the law is brought into a situation, it must be able to define what is or is not legal, regardless of intent. Stealing bread to feed a family is still concerned to be stealing bread, even if it garners a lighter sentence. It needs to be determined whether or not such an activity is considered theft or not and prosecuted in that regard.

phattieg

join:2001-04-29
Winter Park, FL
Reviews:
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1 edit
When you say this, it sounds ignorant. I can't stand people who buy a $70++ piece of equipment (router) and don't know the first thing on how to secure it, or what "WiFi" means. If you are dumb enough to leave it wide open, more power to the person "stealing" it. I think it's right, because if that person cared enough about what someone else is doing on their network, they would secure it. END OF STORY. The REAL person they should sue is the router manufacturer, for sending them an "non-locked down" router. If they took a small amount of assembly line time to send each router with a unique default WiFi password, and a quick start guide on how to configure their machine, none of this would happen. Instead of sueing the person "stealing" the connection, why not make a law stating you need a license to use a computer or router. Then people will read the book, understand a little, and get rid of problems like this, or face fines and jail time. People are so "techno-stupid" these days they have no business purchasing stuff like this, yet we keep making all these advances in technology without requiring them to be up to speed.

(Sorry for the rant, but lets look at it this way, if an ISP left the default settings including passwords and usernames, set for their routers, all hell would break lose, and everyone here would say "what idiots". This is no different, it's the users "responsibility" to keep this from happening, it even says so in the manual).

waldoooo

join:2001-12-15
Fountain Valley, CA
said by knightmb:

said by Scilicet:

The arrests have led to plenty of confusion in the media and among law enforcement over what constitutes a crime.
It seems quite clear to me. Freeloading is theft, period.
If you have a sign outside of your door that says "free money" and a huge pile of money next to it. Are you going to arrest everyone that comes up to grab some cash and yell "thief!".

I see wireless access the same way. Everyone knows that this little device allows *any* computer to connect to it and get Internet access. If you don't want that, then you secure it, even if it's just plain old 64 bit WEP, it's better than nothing. If someone breaks into it and then starts stealing bandwidth after you already put in the "no freeloaders sign" encryption on, then I can see it being a good reason to arrest someone for stealing.

Anything else is just media hype and people looking to get 15 seconds of fame as far as I'm concerned.
thats BS, using someone else's connection without permission is stealing whether or not its secure. If I park my car on the street and accidentally leave it unlocked, does that make it right for someone walking by to take my laptop on the seat? Signal theft is wrong, its taking something you are not paying for.....

barnett25

join:2004-01-26
Huntington, WV

Re: What Is A Crime?

Unless you have that wifi blocking wallpaper it's actually more like parking your car in my yard, with the keys in it.
Skippy25

join:2000-09-13
Hazelwood, MO

Re: What Is A Crime?

And you getting in the car and driving it around is still illegal.

I can park the damn thing on your front porch with the keys in it and the motor running and you still can't legally enter it, nor can you legally take it for a joy ride.

phattieg

join:2001-04-29
Winter Park, FL
Reviews:
·Bright House

Re: What Is A Crime?

said by Skippy25:

And you getting in the car and driving it around is still illegal.

I can park the damn thing on your front porch with the keys in it and the motor running and you still can't legally enter it, nor can you legally take it for a joy ride.
Not in Florida. We have "idiot" laws. If you leave your keys in an unattended car, you could get a ticket, or goto jail. I think thats the way it SHOULD be.
Skippy25

join:2000-09-13
Hazelwood, MO

Re: What Is A Crime?

It is like that in most places to bhe best of my knowledge (don't even get me started on that law), but that is not the point. You still can't take that car for a joy ride just because it is there.

phattieg

join:2001-04-29
Winter Park, FL
Reviews:
·Bright House

Re: What Is A Crime?

said by Skippy25:

It is like that in most places to bhe best of my knowledge (don't even get me started on that law), but that is not the point. You still can't take that car for a joy ride just because it is there.
You totally missed my retort. Basically, instead of making this illegal, make leaving it unlocked and unattended illegal, THEN make it illegal, so it won't get abused as just another reason to sue someone. This way the legit HotSpots can be ran without the user worrying if the owner will sue. Just ADMIT IT, it's not difficult to lock it down, if you don't, you deserve the abuse. Thats all anyone here is saying. This is beating a dead horse. IT'S DEAD ALREADY, YOU CAN'T SUE IF THE SIGNAL CAME UP ON MY SCREEN AND OFFERED TO CONNECT ME. Blame the router owner, or the O/S manufacturer for making it so easy to "accidentally" steal (or intentionally steal, whatever floats your boat.).

Chicago_DSL6

join:2003-08-04
South Elgin, IL
If stealing WIFI from techo-idiots is a crime, then it should also be a crime to unknowingly possess a worm or virus on any public or paid network since it is a risk to everyone else. If you don't like it, RTFM.

And for all you people posting stuff like "well if my car was unlocked..", don't forget that you can not just drive a car legally without a damn license. You wanna stop majority of WIFI freeloaders, let's pass a law requiring a license of some sort before you are even able to own a computer. This way the only people that are getting into WIFI networks are getting in there because:
1) They were given permission to
2) or they are hacking it anyways

Crime can not be prevented, otherwise there would be no need for jails, right? Why punish the freeloaders unless they forced their way in (AKA hacking) when the people that should be punished are the idiots that don't read instructions? Maybe watching your bandwidth creep because people are accessing your WIFI network (because you are too dumb to set up security ro too cheap to pay someone to do it) is a good punishment, IMHO.

SRFireside

join:2001-01-19
Houston, TX
said by waldoooo:

using someone else's connection without permission is stealing whether or not its secure. If I park my car on the street and accidentally leave it unlocked, does that make it right for someone walking by to take my laptop on the seat? Signal theft is wrong, its taking something you are not paying for.....
Bad analogy. Have your car parked with a sign that says, "take a ride for free" is more apt. If you don't want your car driven don't put up the sign. The same goes for wireless routers. Really people, all you have to do is assign a username and password to gain access to your bandwidth. It's that simple. You don't want anybody in you don't give them the access credentials.

Now when someone hacks into your bandwidth IN SPITE of you closing the AP then you definitely have something that should be illegal. The thing is there are people who actually don't mind others using their bandwidth and purposely keep their AP open on the router just for that.

marigolds
Gainfully employed, finally
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join:2002-05-13
Saint Louis, MO
kudos:1

Re: What Is A Crime?

Is the default username and password still securing?

Because that is what you are looking at for the vast majority of unintentionally open APs now... a router configured with a default username and password opening them up to easily bypassing any existing encryption.
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SRFireside

join:2001-01-19
Houston, TX

Re: What Is A Crime?

I don't think a default open system can be considered secured. From what I can tell the default user name is...well... "default" or something similar and the password is blank when you get the router. Creating some sort of access ID with a password would change all of that and would mean you would have to know the user login and password in order to gain access to the bandwidth.


Michieru2
zzz zzz zzz
Premium
join:2005-01-28
Miami, FL

1 edit

Re: What Is A Crime?

Once you gain access to a wireless network the first thing to do will be to run a LAN sniffer. You don't need to access the router's administration page to be able to surf the web and such either.

Wireless is insecure, and there are ways to prevent a signal from being picked up or even blocking out users you don't want on your network. All these "come on in!" comments are basically talking about the router broadcasting itself. This can be turned off and from there you will need a passive scanner to detect the access point let alone get it's name before you can even join it. Even yet this is not security, this is simply playing hide and go seek.

Another option will be to use encryption WEP is not secure and be cracked in only minutes to seconds. Most likely I would suggest WAP2 which for now has no known exploits or cracks beside dictionary attacks. Even then it's possible to get in. That's why you begin only allowing the MAC addresses which are able to access the router. Which provides also some level of security.

You might also want to go static instead of DHCP. If you have like 3 computers simply tell the router to allow only 3 IP's. Anything else should have no need to access the network.

Either way wireless has been proven to be insecure and should only be used if monitored by someone who knows what there doing. But most people just plug it in set there computers to connect to "linksys" and the router handles everything from there. The

P.S When I say router I mean it as a wireless router.
stufried
Premium
join:2003-10-13
It is more akin to painting your bike lime green with a spray paint can and leaving it unlocked in the cities that have implemented the bike sharing system and then saying "it was never my intent for my bike to be a communal bike."

(for those who are not familiar with the community bicyle programs, see »www.ibike.org/encouragement/freebike.htm#usa)

Many routers even give you the ability to keep your wifi channels bandwith down and give the system a protected channnel so that your system doesn't grind to a crawl when you choose to participate in such a give away.

Buchanon Nykad

@tor.pppoe.execulink.
Here's a counter argument. If you forget to lock your front door, does that give permission for anyone to take whatever's inside? (Feel free to include your address)

phattieg

join:2001-04-29
Winter Park, FL
Reviews:
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Re: What Is A Crime?

said by Buchanon Nykad :

Here's a counter argument. If you forget to lock your front door, does that give permission for anyone to take whatever's inside? (Feel free to include your address)
No, but that gives the insurance agency a reason NOTto issue any reimbursement checks because lack of security/carelessness. So how can you take someone to jail for your stupidity???

DenverRHamel

@comcast.net
You forgot the big neon sign that says the door is open, which would make it a little more equivalent. But even then, whatever the person takes wouldn't be noticed by you as missing, then it come closer to the mark. Just try calling the police in such a situation. "Yes officer, I knew he was in here, but have not idea what they took." I bet they would take your statement and file it under "nut."

Bradmph

join:2006-03-01
Spokane, WA
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US Code COllection

»www4.law.cornell.edu/uscode/html···00-.html

TITLE 18 > PART I > CHAPTER 47 > § 1030 Prev | Next

§ 1030. Fraud and related activity in connection with computers
fiberguy
My views are my own.
Premium
join:2005-05-20
kudos:3
.... and let the usual banter of...

1) It's stealing
2) Secure it in the first place
3) It's there so I will take it
4) ... insert 1 of a thousand things we've all heard before.

Guys... come up with something new. This thread is already a bore with 9 messages.

knightmb
Everybody Lies

join:2003-12-01
Franklin, TN

Re: What Is A Crime?

said by fiberguy:

.... and let the usual banter of...

1) It's stealing
2) Secure it in the first place
3) It's there so I will take it
4) ... insert 1 of a thousand things we've all heard before.

Guys... come up with something new. This thread is already a bore with 9 messages.
True, it can't be helped. It's about as exciting as claiming that people that come into your home and breathe are stealing your air. Some people go off on the subject, people like me just laugh and shake our heads and go on with life.

barnett25

join:2004-01-26
Huntington, WV
You're contaminating my air with your radio waves. Legally I am allowed to receive those airwaves (the same way I can use my scanner to listen to police, taxi, etc). Now there may be an issue regarding the fact that in order to use a wifi hotspot you have to also send radio waves to the access point. However one could argue that that is no worse than you sending your radio waves into my property to begin with.

I'm not saying that I agree with "stealing bandwidth", but I just don't think it's as cut and dry as you make it sound.

marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1

Re: What Is A Crime?

Here's the question. You can receive those signals, but can you decode them? Think about military band GPS and satellite TV. Both signals are legal to receive but not legal to use without express permission.
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barnett25

join:2004-01-26
Huntington, WV

Re: What Is A Crime?

I'm not sure.
What I think is funny is a radio scanner law that says that it is legal to listen to broadcasts, but it is illegal to tell anyone else what you heard! So it's hard to tell what the laws are relating to this...

phattieg

join:2001-04-29
Winter Park, FL
Reviews:
·Bright House
said by marigolds:

Here's the question. You can receive those signals, but can you decode them? Think about military band GPS and satellite TV. Both signals are legal to receive but not legal to use without express permission.
If it's an encrypted broadcast, such as Satellite TV, and you break the encryption, yes, illegal. Otherwise, it's called "Free To Air" or FTA. Next analogy please....
fiberguy
My views are my own.
Premium
join:2005-05-20
kudos:3
And legally you know this because you are a lawyer? you have a friend that is? you assume? what? What makes you a legal expert on the subject or what you can and can't do with air waves?

I could give a rats ass less what one thinks they can do or not do with WiFi access. My only thought is that people are low life scum for freeloading from someone else - period. ESPECIALLY when one doesn't plan or care to purchase their own.

The actual debate of if it's legal or not? I could care less.

What makes me laught he most is that people here seem to think they know the law when it's clearly not defined.

There is ONE thing, that I will tell you that HAS been defined as legal or not - If you are in someone's network and poke around where you are not supposed to, I'd be carefull or stock up on lube and plan to spend time away from your family or home for a while.

Just remember that the very same box that acts as a gateway also can give you access to someone else's computer or network and getting in that area is VERY dangerous to your freedom.

One thing, specifically to you Barnett, no one is 'intentionally' sending radio waves on to your property. You're just getting the fall out. What I have a question to ask you is "are you smart enough to know which is your router and which is your neighbors? Are you capable of knowing the name of your router vs. others? If you don't have a router, are you capable to know NOT to connect to any of them because none of them are yours? Do you know that, if you don't subscribe, that you don't HAVE internet access at all TO connect to? Are you intelligent or aware that internet access IS a subscription service in this country unless there is a specific place/entity offering it?" I think you will be surprised that many of the questions I just asked are going be the very questions asked in court should it come to this.

See 10 replies to this post

BF69
Premium
join:2004-07-28
Camden, TN
If people don't want their signal "stolen" then SECURE it. PERIOD. How lazy do you have to be to not do that?

As far as the library thing. Well it's a PUBLIC library paid with PUBLIC tax $$ so what difference does it make if someone is using the signal from inside or outside?

richk_1957
If ..Then..Else
Premium
join:2001-04-11
Minas Tirith

Re: What Is A Crime?

said by BF69:

If people don't want their signal "stolen" then SECURE it. PERIOD. How lazy do you have to be to not do that?

As far as the library thing. Well it's a PUBLIC library paid with PUBLIC tax $$ so what difference does it make if someone is using the signal from inside or outside?
This I can agree with. The library was paid for with public monies [tax $ from you & me]. I essentially 'paid' for the library, so I should be able to use it's resources.

If the library restricts the use some way, they should encrypt it somehow [WEP, WAP, ect.]

And it's not so cut & dried. I know of someone who has some many unsecured connections they always have to make sure they have their own. Not much of an inconvenience, but should we have to do this?

It all comes down do the same thing - secure your connection, by some means!!! It may be argued that using someone else's bandwidth is theft and that just because something is available, doesn't mean you have to use it, but this is being blown out of proportion.

And as for having a law that wi-fi for businesses must have some encryption - good idea. Not to say that home users don't, but businesses can have a lot of financial information on their sites, and if it's wide open, that's an invitation to trouble.

joebert

@cpe.net.cable.rogers
Im sorry, but maybe they dont know how?
but theft is theft regardless if they secured the signal or not..

You have to realize it there is no law saying a person has to secure their wifi signal... so it really isnt your place to tell them to secure it..

if your stealing a wifi signal on which your not paying for it is theft..

Although i do agree if the public library does offer free wifi access then you should be able to use it anywhere within the range of the signal

envoid

join:2002-12-21
Duluth, GA

1 edit
said by Scilicet:

The arrests have led to plenty of confusion in the media and among law enforcement over what constitutes a crime.
It seems quite clear to me. Freeloading is theft, period.
I'm not one to agree about using others' wifi being theft, but I think I'm about to join that boat. Think of it like stealing cable: Just because your neighbor doesn't have a lock on the box on the side of their house doesn't mean you can run a cable to it and use their service. With wifi you're basically running a virtual cable to their WAP to use their service. Just cuz you can't physically see the connection doesn't make it not a connection.

Now, don't get me wrong, everyone should lock up their WAP, especialy since you don't need to be even near it to use it. But, if they purposely leave it insecure for others to share then of course its not and shouldn't be considered theft.

This is with the idea that the connection to the WAP is on some else's private property that you don't possess.

Also, it doesn't matter if the signal is entering your "space" as your cell signal (tower and phone) is entering mine, along with your satellite signal that you paid to convert. Because of this, does it allow me to take this signal and convert it however I want on your dime and use your cell signal as my own?

ripnet

@64.235.x.x
In Canada Internet Access is clearly defined as a "Telecommunications" service.

And it is clearly a crime (no grey area) that using a wireless connection without the knowledge or approval of the person who is the owner is Theft.
Here is the Criminal code to remove all doubt!

Theft

Theft
322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

(b) to pledge it or deposit it as security;

(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Time when theft completed
(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

Secrecy
(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

Purpose of taking
(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

Wild living creature
(5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

R.S., c. C-34, s. 283.

Oysters
323. (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.

Oyster bed
(2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.

R.S., c. C-34, s. 284.

Theft by bailee of things under seizure
324. Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.

R.S., c. C-34, s. 285.

Agent pledging goods, when not theft
325. A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of

(a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and

(b) the amount of any bill of exchange that he has accepted for or on account of his principal.

R.S., c. C-34, s. 286.

Theft of telecommunication service
326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,

(a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or

(b) uses any telecommunication facility or obtains any telecommunication service.

Definition of “telecommunication”
(2) In this section and section 327, “telecommunication” means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system.

R.S., c. C-34, s. 287; 1974-75-76, c. 93, s. 23.

Possession of device to obtain telecommunication facility or service
327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Forfeiture
(2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.

Limitation
(3) No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment owned by a person communication service to the public or forming part of the telephone, telegraph or other communication service or system of such a person by means of which an offence under subsection (1) has been committed if such person was not a party to the offence.

1974-75-76, c. 93, s. 24.

SRFireside

join:2001-01-19
Houston, TX

Re: What Is A Crime?

That quoted law can be challenged in many ways.
drugrep
--

join:2000-08-10
Woodridge, IL
My laptop had connected to my neighbors next door and I didn't even know it. I may have been using his for months. XP SP2 took care of that. Laptops were grabbing at anything before SP2.

mondoz

join:2000-08-26
Houston, TX
Am I a freeloader for listening to the music coming out of my neighbor's window? I didn't pay for it.

Am I a freeloader for breathing the oxygen coming out of their plants in their garden? I didn't pay for that either.

I'm using their resources without their permission or their knowledge.

In most cases, connecting to someones WIFI isn't depriving that person of anything. It's a different matter when speed bottlenecks and caps are involved, but otherwise, what damages are there?

If someone used someone else's link for checking email or browsing the web, with zero impact on the source, exactly what harm is caused?

marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1
Wifi is always encrypted.

Chicago_DSL6

join:2003-08-04
South Elgin, IL

Re: What Is A Crime?

said by marigolds:

Wifi is always encrypted.
Except for the case were Mr. Kiddie Porn got busted, the WIFI he used was not encrypted.

marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1
You cannot just pull at a radio or tv and tune it to the right frequency and see all the data on a wifi system. The data is encrypted into a particularly standard (though it is a publically available standard).
Hence it is always encrypted.
--
ISCABBS - the oldest and largest BBS on the Internet
telnet://whip.isca.uiowa.edu
Professional Geographer
Geographic Information Science researcher
sow

join:2006-03-23
Martinez, CA
I have a hard time see that it is a crime.
what did he do.

1) Listen to some Legal radio band.
2) Transmit on the Legal band.

No cracking of codes or passwords. This is what it really is listen and transmit on legal radio bands.

It is like use a CB radio or the walkie talkies.

sow/

93254336
Weapons Of Masturbation
Premium
join:2001-10-20
kudos:1

So what else is new...

If people would secure their wireless APs this wouldn't be an issue.

- Dan
--
"That which does not kill us makes us stranger."

JoeyDee
Premium
join:2004-07-23
Las Vegas, NV

"Roving Cyber Thieves"

I like that!

Makes me feel like a movie character! It'll work! Thomas Crowne stole jewels, I steal bandwidth when I pull up next to a building to check my email.

And, we have some pineapple politician who wants to make open hotspots illegal?????

Folks have too much time on their hands and the cops are obviously running out of donut shops.

hopeflicker
Capitalism breeds greed
Premium
join:2003-04-03
Long Beach, CA
kudos:1

1 edit

Ummm, misleading topic.

NM

andyb
Premium
join:2003-05-29
SW Ontario
kudos:1

Re: Ummm, misleading topic.

that was a different guy

wwdubbia

join:2002-06-03
Clinton, NY
said by hopeflicker:

"but only because he was using an open hotspot to peruse child-porn".

That's why he was arrested.
Read the first sentence.

JoeyDee
Premium
join:2004-07-23
Las Vegas, NV
It's a quote from the damn story! How is that misleading?


hopeflicker
Capitalism breeds greed
Premium
join:2003-04-03
Long Beach, CA
kudos:1

Re: Ummm, misleading topic.

LOL, you didn't read my post. I said NM

Dennis
Premium,Mod
join:2001-01-26
Algonquin, IL
kudos:5

Install a protection system?

Should I put that next to my flange valve and left handed spoon?

Stupid f**king people piss me off.

SSX4life
Hello World
Premium
join:2004-02-13
kudos:2
Reviews:
·RoadRunner Cable

1 edit

illegal and malicious activities?

Was he surfing the web or was he downloading porn like in 2003? I do not see an issue with wi-fi freeloading if it is legal and not intrusive on bandwidth consumption. I always pop on free hotspots when on business trips etc.

I may be wrong here with my simple mind here, but in my opinion if you receive broadcast waves such as tv, radio, cb, etc. that is in the public domain. If you broadcast wi-fi in your house and it reaches outside your home how would this be any different than receiving signals?

Yes you could make the argument you are connecting to a private network which is intrusive, but in reality is it intrusive to obtain an ip address? Come on think about it for a second, it is just a number.

I've seen analogy's of people mentioning that using free open wifi is like walking into someones house and going in their fridge and eating their food and all sorts of crazy things. Lets bring it back to the main issues here people.

#1. There is no current FCC or governmental regulations on wireless in the home sector. If you wanted to start your own radio or tv station THEN they have issues, but wireless or wifi is just like a cordless phone or any other home signal that does not affect the mass public and therefore is not regulated by any agency.

#2. I do not see how the receiving of signals is any different than radio, tv, or cb etc. etc. There are no costs involved for listening to radio (other than the commercials you hear), and if you wanted to have that sort of idea with open wifi I'm all for it. But other than using a private number or ip address to search the internet does not seem like a huge issue for me.
Granted there are those who say you are accessing private information and that is just like breaking and entering, then those who are for it say your door is unlocked, and they come back saying the whole fridge analogy about it being unlocked does not give you the right to access it. This simply comes down the fact that some people see data security and open wireless as their own private domain and they do not want people to encroach and use their connections.

If people are that concerned about it lock it down and do not broadcast an open WEP or connection it is that simple. And as others have mentioned that if you are too dumb to leave it open you deserve nothing less. To those that say that I say you have a moral dilemma and it comes down to what is really truly right and fair not what is "technically" legal.

Overall I would advise you to proceed with caution, but I truly honestly can not see any issues with using wireless other than using a private ip address and nothing more! If you use it for legit mate purposes I have no problems at all.

--SSX--
--
My BF2 Stats

Viva Le' Piracy! ^_^



See 8 replies to this post
majortom1981

join:2004-08-26
Lindenhurst, NY

hmm

The problem is when you use somebodies home wireless conenction.

the people who own it pay money for the internet conenction that you are using. They can get introuble fro mtheir isps if you use up all their bandwidth.

If i left my door open does that make it right for you to come in and steal all my stuff?

See 14 replies to this post

Sean

join:2004-01-23
Toronto

By mistake.

What if it's by mistake? Sometimes there are 2 or 3 wifi networks in the neighbourhood, and you may not know which one to connect to (someone else may have set up your network, and when something goes wrong, you don't know what the network is called).

Happened to my friend. Turns out, for 2 years or something he'd be connecting to his neighbours (cause it was so strong) and neither knew it.

What happens then?
--
What is God?
[...] I am the taste of water, the light of the sun and the moon. I am the sound in ether and the ability in man. [...]


"Whomsoever you see in distress, recognize in them a fellow man."
- Motto of the LSS

jap
Premium
join:2003-08-10
038xx

Re: By mistake.

said by Sean:

What happens then?
A bunch of righteous dingbats at BBR spout off about it with great conviction.

99664227
Heavily MODerated
Premium
join:2002-11-21
USA

Re: By mistake.

said by jap:

said by Sean:

What happens then?
A bunch of righteous dingbats at BBR spout off about it with great conviction.
Amen brother.....
--
Market go up. Market go down.
Fishie

join:2003-01-14
Riverside, CA
ROFL!!!

gatorkram
KaBOOM Baby
Premium
join:2002-07-22
Winterville, NC
kudos:2
Reviews:
·Suddenlink

1 edit

public or not public

If hardware manufactures can't at least configure their devices to come with some default security, then maybe everyone could agree to come up with another type of flag that makes it clear if you want to share your access or not, and then that flag could come default saying no you don't want to share and be public.

Sounds simple enough to me. It doesn't make it hard for the idiots to understand, and it makes it very clear to anyone else looking to hop on an open access point.

After all, some people really DO want to share, and short of having to try and find them, how do you know what is, and what is not open to the public?

phunkysmell

@comcast.net

Re: public or not public

You hit the nail on the head. The question for every hotspot is "is it meant to be publicly used or not?".

If it's password protected then obviously not.

If it's open then the answer is unclear.

It shouldn't be illegal to have an open AP if you intend it to be that way (such as a library). What we really need is a clear way to tell if an open AP is meant to be that way (default setting would be closed, the user has to expressly configure the AP to be public whether that is turning off default encryption or having an additional flag of public/private).

tapeloop
Not bad at all, really.
Premium
join:2004-06-27
Airstrip One
kudos:1

Insecure data puts both parties at risk

I found it interesting that there is proposed legislation that would make operating secured hotspots a priority:
“Wi-Fi is a wonderful technology if used wisely,” said Jacknis. “Protecting your computer involves little to no cost. Setting up a Wi-Fi network with basic security takes just a few minutes and there are available free or low-cost personal firewalls to stop intruders from gaining access to your personal computer.”

The proposed law would address many of these risks. The way the law reads, all commercial businesses that use wireless networks and maintain personal information would be required to have “secure networks that protect the public from potential identity theft and other potential threats such as computer viruses and data corruption.” For example, a retail establishment that uses a wireless network to process credit card transactions would be required to install a firewall, one of the easiest and least expensive ways to guard a network from attack. They would have to file a note of compliance with the county.

Businesses that offer public Internet access would be required to post a sign stating that the network has been secured with firewall protection and stressing the need to use discretion.

As part of the proposed legislation, the County will provide ongoing public education outlining steps that residents should take to help protect themselves from the threat of identity theft through the use of computers and other electronic devices. This effort will track the latest technological advances in order to provide up-to-date and meaningful assistance to all county residents.
Granted, it only applies to businesses, but it acknowledges that a)leaving networks unsecured is a data risk that affects more than the operator of the wireless router and b)the responsibility of wireless network security needs to me shifted more toward the hotspot operator. The education of and assitance to the public is also a definite benefit.
--
Copyright infringement is illegal. Murder is illegal. Therefore, file sharing is murder.
LIGHTPATH

join:2002-02-02
Smithtown, NY

Re: Insecure data puts both parties at risk

just wait until your neighbor starts charging you rent because your wifi signal is inside of there house.... ha ha

Middieman
Eschew Obfuscation

join:2001-02-05
Elkins Park, PA

I'm getting tired of this...

I think it's time to start telling people to keep their wifi signals inside their own homes if they want to call them private. (Impossible of course.)

Or maybe I'll just use a standard consumer router that happens to have tremendous range with a full wave dipole antenna. (Problem? Why? It still puts out just one watt!) I now declare what you think is your private wifi space MY private wifi space. Stay out of it!

/sarcasm off

-=[Middie]=-
--
All your base are belong to DSL Reports!

Middieman
Eschew Obfuscation

join:2001-02-05
Elkins Park, PA

Re: I'm getting tired of this...

...and since you can't keep wifi inside your own home, it's no longer private if it's not secured.

It is NOT the same as leaving your car parked on the street and unlocked. It's more like people leaving cars of theirs all over the place, including other people's lawns and driveways.

Secure your system. (Or don't complain.)

-=[Middie]=-
--
All your base are belong to DSL Reports!

marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1

Re: I'm getting tired of this...

said by Middieman:

Secure your system. (Or don't complain.)

-=[Middie]=-
Can I complain if someone else on my node does not secure their system and a wardriver downloads a worm into their network and nails everyone on the node, resulting in 1/5th the normal download speeds and constantly having to clear crap off my computer?
My system was as secured as I was allowed to secure it. Is it only the fault of the person who left the AP open? Or does the wardriver take any of the blame for downloading the worm (with no knowledge if it was on purpose or intentional)?
These types of compromises are the main concern for wifi freeloading, not small streams of bandwidth.
--
ISCABBS - the oldest and largest BBS on the Internet
telnet://whip.isca.uiowa.edu
Professional Geographer
Geographic Information Science researcher

Chicago_DSL6

join:2003-08-04
South Elgin, IL

Re: I'm getting tired of this...

If you were so smart that your system was secured, this wouldn't be an issue. Even if it was, do you REALLY think that a smart hacker would crack your system and be stupid enough to not know he/she had a worm on their system? What happen if the sky fell? What happened if I woke up tomorrow with a Boeing 747 barrelling down towards my house? What if...?

GeekJedi
RF is Good For You
Premium
join:2001-06-21
Mukwonago, WI
Reviews:
·CenturyLink
·VOIPo
said by Middieman:

...and since you can't keep wifi inside your own home, it's no longer private if it's not secured.

It is NOT the same as leaving your car parked on the street and unlocked. It's more like people leaving cars of theirs all over the place, including other people's lawns and driveways.

Secure your system. (Or don't complain.)

-=[Middie]=-
And you were elected the supreme ruler by whom again?

Guess what, the FCC has already stated that it is illegal to personally gain by intercepting communications not meant for you, whether or not you can hear them in your home.

End of story.
--
The goal of the broadcast engineer is to get all the meters on the transmitter to go as far to the right as possible!!

marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1

How's this for a metaphor

I invite you over to my house for a party.
My computer is on and at the login screen. There is only one account on the login screen and it requires no password.

Does this mean it is okay for you log on to the computer to check your email and browse the internet? Should you download anything from your email or the internet or only view pages?

Should you restrict which kinds of email or websites you access?
--
ISCABBS - the oldest and largest BBS on the Internet
telnet://whip.isca.uiowa.edu
Professional Geographer
Geographic Information Science researcher

Middieman
Eschew Obfuscation

join:2001-02-05
Elkins Park, PA

Re: How's this for a metaphor

quote:
I invite you over to my house for a party.
My computer is on and at the login screen. There is only one account on the login screen and it requires no password.

Does this mean it is okay for you log on to the computer to check your email and browse the internet? Should you download anything from your email or the internet or only view pages?
Obviously, your computer inside your house with no password to login is not the same thing as people spitting their wifi out beyond their walls into other people's homes.

-=[Middie]=-
--
All your base are belong to DSL Reports!

SRFireside

join:2001-01-19
Houston, TX
The analogy would be more accurate if the computer had some sort of welcome message telling anybody who finds the computer can indeed access it. Would be slightly different if the computer had a do not touch sign on it. Then again I suppose you can rename your access point on the WiFi router "do not use", but that would still be misleading considering the router is still handing out IP's and such to whomever asks. Kind of contrary to the "sign".

marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1
Well, let's assume the default login screen has an account name like "Guest".

And in my analogy, I am assuming that the person is an invited guest into my house, so they have the same level of access to my computer as someone off my property has to my wifi signals.
In fact, they have a greater level of access since they have been expressly invited onto my property.
--
ISCABBS - the oldest and largest BBS on the Internet
telnet://whip.isca.uiowa.edu
Professional Geographer
Geographic Information Science researcher

SRFireside

join:2001-01-19
Houston, TX

Re: How's this for a metaphor

That is true. Not only that they have access to all sorts of settings and data on your computer (assuming the Guest login isn't locked down that tight). I would say the "Guest" access on your local computer is a far greater risk than someone using your bandwidth. Now if someone accessed your computer through the open AP, THAT would be grossly invasive and without a doubt illegal.

However I still see people accessing your bandwidth no more invasive to your system or resources than those projects where you share processing power with others (SETI, etc). That is of course until a bandwidth hog gets on your AP. Still it's easy enough to cut them off.

ylen131

join:2000-02-09
Canoga Park, CA

1 edit

using open wi-fi is not a crime

nothing wrong with using open wifi, i do it every single day. If you going to transmit openly and my computer gets the signal i consider it invitation to use it.

Jodokast96
Stupid people really piss me off.
Premium
join:2005-11-23
Erial, NJ
kudos:2

Not black and white

If I come home from work, and there is a bicycle on my lawn, don't know who it belongs to. This goes on for a week, everyday all day, it's just there. Now a month goes by, still there. One day, I start to ride it around. Did I steal it? Technically yes, because it isn't my bike. Legally, I don't think you'd be convicted in a court of law. Was it morally wrong to ride it? Maybe, maybe not; everyones morals are different. Apply it to Wi-Fi, and it is just as unclear. In reality, both parties are wrong, and both are right. In the case of a hacker stealing CC #'s, the hacker is a theif and would be charged as such, but the CC company is also responsible for securing their network, and could also be charged accordingly.

One thing that no one seemed to pick up on was the guy nailed for using the libraries access outside the library. Would it have been a crime if he was inside? Since it's a public facility, paid for with tax dollars, doesn't that make it a publicly owned access point? The whole point of this article isn't who is right and who is wrong, but that there is no standard anywhere. One needs to be found otherwise you're going to have guilty people walk free, and innocent ones in a world of shit.

See 6 replies to this post

HotRodFoto
Premium
join:2003-04-19
Denver, CO

Theft?

Hmmm so is picking up radio waves now considered theft as well? Give me a break...it is NOT theft. Not by a long shot. All these analogy's are awful. Picking up a wifi signal is no different than sitting outside a drive-in movie and picking up the sound on your radio. That isn't considered theft. And the analogy fits perfectly.
--
All Things Art »kkart.deviantart.com

Eric
Animals Rule This Land
Premium,MVM
join:2000-09-29
I see trees.

Re: Theft?

said by HotRodFoto:

Hmmm so is picking up radio waves now considered theft as well? Give me a break...it is NOT theft. Not by a long shot. All these analogy's are awful. Picking up a wifi signal is no different than sitting outside a drive-in movie and picking up the sound on your radio. That isn't considered theft. And the analogy fits perfectly.
Here's another shitty analogy. Leaving your keys in your car as it sits running outside the 7-11, Joe Shmo sees it and drives your car away. Is that theft? Yes, but you're the asshat that left the keys in it running. Good luck getting anyone to investigate the "crime" and convincing your insurance agent not to drop you.
--
"I collect rare photographs... I have two... One of Houdini locking his keys in his car... the other is a rare picture of Norman Rockwell beating up a child."
bobny1

join:2004-09-10
Bronx, NY

I would sue my neighbor!

If my neighbor calls the police and I get arrested. I will actually sue him for allowing his wi-fi to trespass my property and find its way "illegally" into my computer...It is not the same if I call the hooker "solicitation" or the Hooker shows up at my door and comes into my bedroom "Trespassing".:D

ctceo
Premium
join:2001-04-26
South Bend, IN

Ah...

I know it's not topic related but if Boy George, can get off with a chump change fine for possesion of cocaine, cantannas are legal.

corey389

join:2001-06-17
West Warwick, RI

law and wifi

i know police that sit in there cruisers and use open wifi with there laptops

AnonName

@kaballero.com

Pathetic and Childish Rationalization Stemming from ...

Piss poor parenting and the fact that parents no longer teach their children that it belongs to someone else if someone else pays for it.

Folks it really is that GAWD DAMNED SIMPLE. If you did not pay for it. YOU don't get to decide how it is used. If you did not pay for it and you appropriate it and use it, YOU ARE a theif.

If you have a problem with that logic, you are in denial. You are rationalizing. You are not dealing with reality.

Jameson
Premium
join:2004-05-28
Fallbrook, CA
kudos:1

Why is it a crime?

I really dont understand why that its a crime. If you do not want people connecting to your access point why not put WEP encryption on it? I mean thats what encryption is for isnt it? I mean, when i drive around and am looking for open access points i figure that the people did not put encryption on their device because they wanna share it. I just dont really understand how thats a crime.
--
DirecWay | DW6000-CE |SM5, 117 West, 970 MHz |Media Center 3.2GHZ |BFG GF 6800 OC |Win XP SP2/98SE |PCs connected via Linksys WRT54G | Sveasoft firmware: Talisman/Basic 1.0.2

GeekJedi
RF is Good For You
Premium
join:2001-06-21
Mukwonago, WI
Reviews:
·CenturyLink
·VOIPo

Re: Why is it a crime?

said by Jameson:

I really dont understand why that its a crime. If you do not want people connecting to your access point why not put WEP encryption on it? I mean thats what encryption is for isnt it? I mean, when i drive around and am looking for open access points i figure that the people did not put encryption on their device because they wanna share it. I just dont really understand how thats a crime.
Basically, I shoudn't HAVE to do anything to prevent people from accessing my network. Unless I state to you that it's OK, you should not connect.

I shouldn't have to leave notes on everything I own saying "don't take me" just because those things are easily accessable.

Really, the rule should be that unless the AP's name is "FREE WIFI" or "FREE ACCESS" or something explicit like that, you should stay off.
--
The goal of the broadcast engineer is to get all the meters on the transmitter to go as far to the right as possible!!

Jameson
Premium
join:2004-05-28
Fallbrook, CA
kudos:1

Re: Why is it a crime?

said by GeekJedi:

said by Jameson:

I really dont understand why that its a crime. If you do not want people connecting to your access point why not put WEP encryption on it? I mean thats what encryption is for isnt it? I mean, when i drive around and am looking for open access points i figure that the people did not put encryption on their device because they wanna share it. I just dont really understand how thats a crime.
Basically, I shoudn't HAVE to do anything to prevent people from accessing my network. Unless I state to you that it's OK, you should not connect.

I shouldn't have to leave notes on everything I own saying "don't take me" just because those things are easily accessable.

Really, the rule should be that unless the AP's name is "FREE WIFI" or "FREE ACCESS" or something explicit like that, you should stay off.
w/e i seriously disagree with you.
--
DirecWay | DW6000-CE |SM5, 117 West, 970 MHz |Media Center 3.2GHZ |BFG GF 6800 OC |Win XP SP2/98SE |PCs connected via Linksys WRT54G | Sveasoft firmware: Talisman/Basic 1.0.2

Chicago_DSL6

join:2003-08-04
South Elgin, IL
Dude, did you not read all of these posts? Did you not read that some people actually want to leave their AP's open? Did you not read that there are public places like the library that offer free WIFI? How the fuck am I supposed to know who the AP belongs to, where it is located, or let alone if I am allowed access to it? I am not a fucking mind reader and I am not that stupid to know that there are PLENTY of free WIFI connections near my, how am I to assume which APs are public and which ones are not?

Give it a rest already.
gudel
System Lord
Premium
join:2004-06-03
USA

unauthorized access

psst... access my network without permission, might just get you a bullet in the head from my rifle.

furlonium
Computer Over? Virus equals Very Yes?

join:2002-05-08
Bethlehem, PA

Stop with the bad analogies

Every damn Wi-fi 'theft' article that dslr posts ends up with 100 funked up analogies...I didn't even get 5 posts down and I was sick of reading.
riadlem

join:2006-03-11
Corvallis, OR

Re: Stop with the bad analogies

I am conducting a survey on this topic. I will be interested in getting some feedback from this forum.

»www.surveymonkey.com/s.asp?u=531671873952

FiosFiend

join:2001-12-06
Flower Mound, TX

4 edits

Re: Stop with the bad analogies

Two points. First, if your unsecured wifi signal is in my home (my neighbor)then I have a right to do whatever I want with it. Second is the issue of damages. If I get on your unsecured wifi signal to surf the net then how have you been damaged?

Now, if you secure your signal and I take steps to circumvent that security THEN I've committed a crime. Or, if I come onto your property to access your unsecured signal then I've also committed a crime. The bottom line is, if you have an unsecured wifi signal that is available in a public space or in another persons private space then that signal is fair and LEGAL game as long as I don't attempt to access any computer that's on that network.

The fact is that there are free available wifi networks all over the place now. How am I to discern which is "okay" to get on and which isn't? The burden is on the wifi provider. If you offer up an unsecured wifi signal then it's reasonable for someone to assume that it's available for them to use.

I don't mean to throw another analogy on the fire here but this is very much like something that used to go on in the 1800's in the Midwest and western US. Back then there was a thing called "Free-graze". Basically it meant that if you had a large piece of land and you didn't fence that land then it was open for anyone to graze their livestock on. What we are seeing here is really no different then that.

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