free internet

[slimcan]

I pick up free internet via wireless. So I was thinking to drop mine and use the waves from my nighbor for free. Anything wrong with this idea

[Atomic Rooster]

Yes. It's stealing if you don't have your neighbor's permission.

[slimcan]

Dam , I thought I had a free ride without breaking the law.

[rbockman]

Your neighbor can lock you out any time he wants to. He is putting his signal out there, for use by anyone who wants it. It is not stealing. It is your neighbors choice.

[RobRich]

Atomic Rooster is far from being "full of it" as claimed.

Rbockman, I suspect you would not steal cable from your neighbor, so why would you consider stealing WiFi from your neighbor? One is wired, the other is wireless, but in reality, what is the difference? When the wires are cut, people seem to have a serious disconnect with legalities, much in the same way many MP3 pirates see no problem with stealing music (it's "just data"), yet they know stealing a CD (physical item) is wrong.

There seems to be a widespread assumption that most everyone with an Internet connection has broadband access. While that would be nice, even just downloading emails and surfing web pages would considerably impact a dialup modem, ISDN, RTT, or other common low bandwidth connection.

Many are also under some assumption that most everyone with an Internet connection has unlimited bandwidth. That is certainly not the case, and for such people, every data packet you transfer costs them money.

Anyway, back to the legal aspects. Let us first examine federal law.

Originally Posted by 47 USC 553

No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be specifically authorized by law.

http://www4.law.cornell.edu/uscode/h...3----000-.html

Interpretations vary, but Internet access is generally regarded by many in the legal system as a communications service. Note the section stating "intercept or receive or assist." That statement applies not only to the person exploiting an open WiFi access point, but to the person providing the open WiFi access point as well assuming the open WiFi access point is routing communications to the Internet via a connection scenerio that violates the ISP ToS.

Examine Section 814 of the Patriot Act, which significantly broadens the scope of 18 USC 1030.

http://www4.law.cornell.edu/uscode/18/1030.html

18 USC 1030 limited scope to federal government systems. Section 814 of the Patriot Act broadens the scope to include computers and networks for the federal government, financial institutions, and any system or network used for interstate or foreign commerce (i.e., a personal computer accessing the Internet). 18 USC 1030 had limited scope for damage and loss, though Section 814 of the Patriot Act widely broadens both definitions.

Furthermore, nearly all states have "theft of service" laws, which are applicable to all services, not just WiFi subscribers. Text varies, but the general intent of most such laws indicates a person is perpetrating an illegal action when knowingly obtaining services or use of personal property without permission or compensation. By anonymously accessing an open WiFi access point, the intent is to obtain service without permission or compensation.

Now let us now examine state law. I will use my home state of Florida as an example.

Originally Posted by Florida 815.06

Offenses against computer users.--

(1) Whoever willfully, knowingly, and without authorization:

(a) Accesses or causes to be accessed any computer, computer system, or computer network;

(b) Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;

(c) Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;

(d) Destroys, injures, or damages any computer, computer system, or computer network; or

(e) Introduces any computer contaminant into any computer, computer system, or computer network,

commits an offense against computer users.

(2)(a) Except as provided in paragraphs (b) and (c), whoever violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Whoever violates subsection (1) and:

1. Damages a computer, computer equipment, computer supplies, a computer system, or a computer network, and the monetary damage or loss incurred as a result of the violation is $5,000 or greater;

2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or

3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Whoever violates subsection (1) and the violation endangers human life commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, or computer network commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)(a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for compensatory damages.

(b) In any action brought under this subsection, the court may award reasonable attorney's fees to the prevailing party.

(5) Any computer, computer system, computer network, computer software, or computer data owned by a defendant which is used during the commission of any violation of this section or any computer owned by the defendant which is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701-932.704.

(6) This section does not apply to any person who accesses his or her employer's computer system, computer network, computer program, or computer data when acting within the scope of his or her lawful employment.

(7) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in both jurisdictions.

http://www.leg.state.fl.us/statutes/...0815/Sec06.HTM

The statute has already been applied in FL. A Tampa man was arrested for a third-degree felony for using an open WiFi access point. Check the laws in your state.

Getting beyond the narrow scope of networks and even computers, once again I suggest you research the "theft of service" laws for your state. If like most states, accessing an open WiFi connection that is not clearly provided for free use (coffee shop, airport, etc.) is the the same as obtaining services or use of personal property without permission or compensation - in other words, illegal.

[rbockman]

Slimcan, You can listen to the others, but there is no way that I know to find out where the signal originates, so how would you "get the neighbors permission".

As for RobRich, he has an average of almost 23 posts a day, I'd say that he has what might be called diarrhea of the keyboard.

Use the neighbor's signal until he activates his security option, save a few bucks.

Don't worry about the "signal stealing police".

Enjoy it while it lasts.

[KarmaKiller]

You have no idea who Rob is do you??

He's is one of the smartest guys when it comes to tech. on this board. Not to mention he's the one that runs this site.
SO you may want to rethink what you just said.....Well if your not banned from here yet....


Also, I would consider it stealing also. I let my neighbors use my wireless, but they came to me and asked me first. You should at least do the same.

I wouldn't listem to rbockman, he obviously doesn't have any idea what he's talking about...

[RobRich]

Rbockman, I strongly advise you to read our Forum FAQ. We have a low tolerance for personal attacks. If you find our policies to be unacceptable, then you will be invited to find another forum in which to participate.

[frostbitetwice]

bockman, its time for a "I am sorry".

Master Rich, let me argue the fact that the signal is in the public domain and hence no longer subject to ownership, much like the garbage left outdoors. These statutes are very fresh and will require judicial trials and reviews.

[RobRich]

Originally Posted by KarmaKiller

Also, I would consider it stealing also. I let my neighbors use my wireless, but they came to me and asked me first. You should at least do the same.

Good example. Your neighbors took a more responsible course of action than simply connecting without permission.

When dealing with a fixed point location like a home, it is usually not too difficult to determine where the signal originates.

I have also suggested to people wanting to offer free WiFi to use an appropriate wireless SSID so other people will know if they can use the connection without permission. For example "FREEWIFI" would be a good SSID for such a purpose in my opinion. On the other hand, if someone spots an open SSID called "PRIVATELAN", then I would hope he/she would have enough common courtesy to move on to another SSID.