free internet

[rbockman]

http://www.dslreports.com/forum/rema...156~fmode=full

[RobRich]

We are providing legal cases of actual WiFi prosecution and legal statutes defining the action as a crime - actually, a felony in my state.

However, you are providing a link to an opinion posted by an apparently random person with no supporting legal standpoint. At this point, you are seemingly trying to justify your moral and ethical decisions to steal WiFi, not your legal responsibilities as defined by law.

[The Merg]

Well, first off the initial poster is wrong as both RobRich and I showed you there are laws that make it illegal to use WiFi without permission. Another poster, in trying to support illegally using WiFi, posted a comment similar to the one I did:

On the issue of using an unsecured AP. I agree that if you leave it unsecured, then you should expect people to walk up and use it. If your car was stolen, and you told the police that it was in front of your house, unlocked, with keys in the ignition, 9 times out of 10 you will get the question "why didn't you lock the car and take the keys with you" from the officers.

The point being that it is still illegal for someone to take your car even if you were dumb enough to leave everything right there and accessible for the thief. The same goes for unsecured WiFi.

- Merg

[nomaxim]

Originally Posted by rbockman

http://www.dslreports.com/forum/rema...156~fmode=full

Nice find from 2005 and made up of opinions. No facts, just opinions.

http://codes.ohio.gov/orc/2913.01

2913.01 Theft and fraud general definitions.
(A) “Deception” means knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.

(B) “Defraud” means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.

(C) “Deprive” means to do any of the following:

(1) Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;

(2) Dispose of property so as to make it unlikely that the owner will recover it;

(3) Accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.

(D) “Owner” means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.

(E) “Services” include labor, personal services, professional services, public utility services including wireless service as defined in division (F)(1) of section 4931.40 of the Revised Code, common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of section 2913.04 of the Revised Code, include cable services as defined in that section.

(F) “Writing” means any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.
......
(L) “Computer services” includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.

(M) “Computer” means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. “Computer” includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature.

(N) “Computer system” means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.

(O) “Computer network” means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.

(P) “Computer program” means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.

(Q) “Computer software” means computer programs, procedures, and other documentation associated with the operation of a computer system.

(R) “Data” means a representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network. For purposes of section 2913.47 of the Revised Code, “data” has the additional meaning set forth in division (A) of that section.
.......
(II)(1) “Computer hacking” means any of the following:
......
(d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.

(2) “Computer hacking” does not include the introduction of a computer contaminant, as defined in section 2909.02 of the Revised Code, into a computer, computer system, computer program, or computer network.

Effective Date: 02-12-2004; 09-23-2004; 11-26-2004; 04-15-2005; 05-06-2005; 06-30-2006; 03-14-2007

Looks like by Ohio legal definition you may be guilty of hacking also.
And, I just had to add (II)(2) in there.

http://codes.ohio.gov/orc/2913.04

2913.04 Unauthorized use of property - computer, cable, or telecommunication property.

(A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

(B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent .

(C) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to section 5503.10 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the chair of the law enforcement automated data system steering committee.

(D) The affirmative defenses contained in division (C) of section 2913.03 of the Revised Code are affirmative defenses to a charge under this section.

(E)(1) Whoever violates division (A) of this section is guilty of unauthorized use of property.

(2) Except as otherwise provided in division (E)(3) or (4) of this section, unauthorized use of property is a misdemeanor of the fourth degree.

(3) Except as otherwise provided in division (E)(4) of this section, if unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable:

(a) Except as otherwise provided in division (E)(3)(b), (c), or (d) of this section, a misdemeanor of the first degree.

(b) If the value of the property or services or the loss to the victim is five hundred dollars or more and is less than five thousand dollars, a felony of the fifth degree.

(c) If the value of the property or services or the loss to the victim is five thousand dollars or more and is less than one hundred thousand dollars, a felony of the fourth degree.

(d) If the value of the property or services or the loss to the victim is one hundred thousand dollars or more, a felony of the third degree.

(4) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is whichever of the following is applicable:

(a) Except as otherwise provided in division (E)(4)(b), (c), or (d) of this section, a felony of the fifth degree;

(b) If the value of the property or services or loss to the victim is five hundred dollars or more and is less than five thousand dollars, a felony of the fourth degree;

(c) If the value of the property or services or loss to the victim is five thousand dollars or more and is less than twenty-five thousand dollars, a felony of the third degree;

(d) If the value of the property or services or loss to the victim is twenty-five thousand dollars or more, a felony of the second degree.

(F)(1) Whoever violates division (B) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, and shall be punished as provided in division (F)(2), (3), or (4) of this section.

(2) Except as otherwise provided in division (F)(3) or (4) of this section, unauthorized use of computer, cable, or telecommunication property is a felony of the fifth degree.

(3) Except as otherwise provided in division (F)(4) of this section, if unauthorized use of computer, cable, or telecommunication property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, for obtaining money, property, or services by false or fraudulent pretenses, or for committing any other criminal offense, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:

(a) Except as otherwise provided in division (F)(3)(b) of this section, if the value of the property or services involved or the loss to the victim is five thousand dollars or more and less than one hundred thousand dollars, a felony of the fourth degree;

(b) If the value of the property or services involved or the loss to the victim is one hundred thousand dollars or more, a felony of the third degree.

(4) If the victim of the offense is an elderly person or disabled adult, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:

(a) Except as otherwise provided in division (F)(4)(b), (c), or (d) of this section, a felony of the fifth degree;

(b) If the value of the property or services or loss to the victim is five hundred dollars or more and is less than five thousand dollars, a felony of the fourth degree;

(c) If the value of the property or services or loss to the victim is five thousand dollars or more and is less than twenty-five thousand dollars, a felony of the third degree;

(d) If the value of the property or services or loss to the victim is twenty-five thousand dollars or more, a felony of the second degree.

(G) Whoever violates division (C) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony of the fifth degree.

Effective Date: 04-08-2004; 09-23-2004

Looks like in Ohio the the degree varies by the monetary amount and if the victim is elderly. It is a misdemeanor unless the victim is elderly, the monetary amount lost by the victim is over $500, or if the unauthorized access was for the purpose to defraud. Then it raises to a felony.

[Admin RR]

There have been many accounts of people being arrested for stealing wifi, parking outside people's homes etc:
http://www.sptimes.com/2005/07/04/St...a_new_br.shtml

[frostbitetwice]

Excellent article, Master Administer.

[The Merg]

Anybody notice how we haven't heard anything more from rbockman since we've proven him wrong?

- Merg

[greenlight]

Hey I think it is better for you to use your own internet anyway .

[Speculant]

I think that this thread should be made a sticky or a new thread made like this in order to educate and inform everybody on what kinds of risks they might be taking in using someone else's internet connection.

[antnyc]

Originally Posted by The Merg

Well, first off the initial poster is wrong as both RobRich and I showed you there are laws that make it illegal to use WiFi without permission. Another poster, in trying to support illegally using WiFi, posted a comment similar to the one I did:



The point being that it is still illegal for someone to take your car even if you were dumb enough to leave everything right there and accessible for the thief. The same goes for unsecured WiFi.

- Merg

I'm sorry but its just bad analogy. A car left with engine running on the street is different from using a signal that goes thru right in your living room. If thats the case then you can even sue whoever owns that signal because they are trespassing...you didn't invite the signal in so why you are receiving it in the first place? Let's not talk about law but let's just talk about logic. If the car was left inside your garage with the engine running, tell me will you just leave it there? Or will you use it to go somewhere or at least take it out of your property. Don't tell me you will call a police because if you will then we all should call a police whenver an open wap found its way to our living room. Its your analogy not mine.

How would you know if the signal is free or not? What if the signal is really for free and you have like dozens of open wap around you, how do you know which one is dumb enough to leave it open and which one is letting their signal to be use for free right? Again if you don't want me to use it then don't let your signal go to my property or you can just simply lock it. Period.

I am not rbockman but somehow I understand whats hes trying to say.