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Vonage 1) Technically when you use someone else's access point without permission then
1) Technically when you use someone else's access point without permission then you are breaking the law.
I know this conversation sort of died out, but I was reminded of it by a NYT article on problems with open access points and found a very thorough paper on the ethics and legalities of wardriving and related activities. The author of this paper is arguing that mapping open access points is not in itself illegal but that further related actions may be.
This paper quoted an FBI memorandum:
Identifying the presence of a wireless network may not be a criminal violation, however, there may be criminal violations if the network is actually accessed including theft of services, interception of communications, misuse of computing resources, up to and including violations of the Federal Computer Fraud and Abuse Statute, Theft of Trade Secrets, and other federal violations.
In another section of the paper the Computer Fraud and Abuse Act is discussed. The CFAA applies only to protected computer systems so does not directly apply to open access points. No wireless cases had been tried under the CFAA at the time of the paper. However the article mentions that in other situations the CFAA has been made to apply by judges when they found that the unauthorized access violated the service owners terms of service.
Some cases cited in the paper:
"Puffer was indicted on two counts of fraud for wrongfully accessing the Harris County District Clerk’s unprotected wireless network. At trial, the jury acquitted Puffer after deliberating for a mere fifteen minutes."
"According to an affidavit filed by an FBI investigator, the men accessed the Lowe’s Wi-Fi network at a store in Southfield, Michigan, and used the store’s network to access the company’s central data center at its North Carolina headquarters. As of June 2004, the case is ongoing, and the only information available is that reported in the press."
"Legislators in New Hampshire have introduced a bill that would elucidate rules and regulations that affect the legality of wardriving. House Bill 495 would absolve users of liability when they inadvertently access networks that are left unsecured by their owners. Some commentators believe that this bill, if passed, will have no effect since it duplicates existing legislation."
The NYT article also referred to a case that is being prosecuted in Canada where a man was arrested under their "theft of communication" law for downloading child porn via an open access point.
In conclusion
a) my original comment would have been more correct had I said, "In my opinion, and in the opinion of the FBI, ... ".
b) In Canada laws have been specifically written that outlaw connecting to and using open access points.
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scerruti posted "1) Technically when you use someone else's access point without permission then" on 03/19/2005 |
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