Man Charged With Stealing Wi-Fi Signal

[Richard King]

http://news.yahoo.com/news?tmpl=stor..._wi_fi_theft_1

ST. PETERSBURG, Fla. - Police have arrested a man for using someone else's wireless Internet network in one of the first criminal cases involving this fairly common practice.

[DonLandis]

Richard, I will state the obvious-

If this guy hacked through the homeowner's security, i.e. the homeowner had set the encryption key or made reasonable attempt to protect his wireless network with supplied security measures, even minimal ones, the hacker needs to be held on the criminal charge and found guilty. However, if the homeowner broadcast his network for anyone to easily obtain an IP and login without any stoppage by the homeowner's network, then it is not wrong and the hacker should be released and charges dropped.

All these wireless networks are sold with warnings about security. The homeowner has a requirement to implement these measures. If he leaves his personal belongings and valuables in the street outside his house unsecured, say a hundred $$ in cash, It is not stealing if someone comes along and takes it.

Having a PDA with wifi, I often pass through neighborhoods and the PDA will automatically log in to homeowner's networks if they have DHCP set and do not use encryption. Funny, but most of these also use an SSID of "Linksys" or no SSID. From my perspective, there is no way to tell where that signal and network is located. It is just a hundred dollars left in the street for anyone to take as their own!

If the guy was not hacking security then I hope he has a good knowledgeable lawyer who can understand and explain to the court the guy didn't "steal" anything.

[vurbano]

Originally Posted by DonLandis

However, if the homeowner broadcast his network for anyone to easily obtain an IP and login without any stoppage by the homeowner's network, then it is not wrong and the hacker should be released and charges dropped.

Oh I get it. If I leave my keys in the car in my drive way then anyone has the right to come take it for a spin. Thanks for the clarification.

[jrbdmb]

Originally Posted by vurbano

Oh I get it. If I leave my keys in the car in my drive way then anyone has the right to come take it for a spin. Thanks for the clarification.

Perhaps a better analysis would be to get arrested for watching an OTA TV signal. The data stream is out there, not password protected, not encrypted, the owner of the data may have no reasonable expectation that others will not view / utilize that data stream.

[n8dagr8]

Originally Posted by vurbano

Oh I get it. If I leave my keys in the car in my drive way then anyone has the right to come take it for a spin. Thanks for the clarification.

so if you park your car in my livingroom I not expected to do something with/about it? I get about 3 different unencrypted WiFi signals in my place and you are telling my I can't use them?

This is the same thing that happened with sat. TV back in the day. People were getting it for free before it was being encrypted. It was ruled that that practice was totally legal.

For the record, I don't use my neighbors WiFi. I use my own since it is encrypted.

[n8dagr8]

Originally Posted by Richard King

http://news.yahoo.com/news?tmpl=stor..._wi_fi_theft_1

They did a bit on the news a week or two ago about people not having their WiFi networks secured. It was kinda funny becuase of some of the things they said (were wrong). They did make a point that you can get in trouble if someone uses your network to do something illegal (spam, porn, etc.).

[Danny R]

WiFi networks broadcast themselves and make themselves known as well. If you don't have it secured, in essense you are asking folks to use your network.

Obviously this case the culprit is doing something very suspicious (sitting in a car outside a house), but if this were in a city, who is to know if the wifi network you are joining isn't public use or someone's apartment?

[DonLandis]

Originally Posted by vurbano

Oh I get it. If I leave my keys in the car in my drive way then anyone has the right to come take it for a spin. Thanks for the clarification.

Wrong! You don't get it! Your car is a licensed vehicle and you own the title to it. Cash money is not licensed to you and neither is the RF signal that is broadcast from a wifi router that also is not secure.
What you need to get is that a person has a responsibility to be reasonably prudent to protect his negotiable property.

Buy a car, never register it, never license it. Drive it out on the street and abandon it with the keys in it. I come along and claim it as mine and register it in the state! Guess who will lose the car? Vurbano- You are usually smarter than that! Some people I would expect a rebuttal like you posted but not from you!

Additionally, the Geneva convention and the FCC regulations permit one to receive any unencrypted and open access RF signal they want to without restriction or license. That is true whether the transmission is licensed or not. In this federal and international law alone the case should be tossed if the homeowner failed to encrypt his network wifi.

[Bogy]

In Omaha as I was getting my wireless network setup, I noticed that I seemed to have an extra "linksys" signal available. I realized that it was my neighbor. When I was in my bedroom his AP was closer than mine. The computer would sometimes automatically lock onto his signal. When I realized what was happening, I made sure my names were specific and my system was encrypted. Right now I am still getting my system set up so that I can pick up my network next door in my church office. (With all the concrete block walls and steel it is more of a hassle than I had hoped.) Right now I have no encryption on, to make it easier to get the repeaters programmed. So far, I have not picked up another network in the neighborhood. Between the church, a large open lot the church owns, and some elderly neighbors I don't seem to have much competition.

But, to go back to my first example, when my computer automatically connected to the best available unencrypted signal, that didn't happen to be mine, was I stealing?

[DonLandis]

"Obviously this case the culprit is doing something very suspicious (sitting in a car outside a house),"

DannyR- I recall doing just that. I stopped on a residential street and needed to get directions to a location. I grabbed my PDA and loggerd onto one of many open access wifi's I saw in my list. Did a quick search for the address and then brought up Mapquest too. I guess that made me a suspect of something in your mind. In this case the devil is in the details. But we should not jump to conclusions until the facts are all present. There is nothing obvious in what this guy did other than being an opportunist on a service the homeowner was freely giving away.

[DonLandis]

"But, to go back to my first example, when my computer automatically connected to the best available unencrypted signal, that didn't happen to be mine, was I stealing?"

If your conscious says you were, just ask Jesus for forgiveness of your sin and all will be well. But don't worry about man's laws.

Oh yes, a warning about your religion, If you do ask Jesus to forgive you he may ask you to make an act of contrition (or was that the Catholic dogma) and go pay that neighbor some restitution for your theft. Don't think Jesus will just let you off for saying "I'm sorry" Are you sorry you asked?

[ntexasdude]

Originally Posted by DonLandis

.............Additionally, the Geneva convention and the FCC regulations permit one to receive any unencrypted and open access RF signal they want to without restriction or license. That is true whether the transmission is licensed or not. In this federal and international law alone the case should be tossed if the homeowner failed to encrypt his network wifi.

I believe it's the FCC act of 1934 that makes receiving ANY broadcast RF signal in the US perfectly legal. It's what allows the use of radar detectors sans D.C. and Virginia. After all police radar is nothing but a radio signal and a radar detector is nothing but a radio receiver. Conversely the people broadcasting the signal have every right to secure it.

I have seen new reports where reporters drive around with a "computer expert" and sit in front of houses and log onto unsecured networks to demonstrate to the public. They should all be jailed. There is video evidence of these horrible crimes that was broadcast on the evening news.

If the guy didn't break through some type of encryption then he be exonerated.

[Nick]

horrible crimes?

[DonLandis]

"It's what allows the use of radar detectors sans D.C. and Virginia. After all police radar is nothing but a radio signal and a radar detector is nothing but a radio receiver."

Yes, and I know that. Also, include Connecticut. The conflict in the law is that those states claim their right of restriction is "in vehicle" use. Radar detectors are not illegal to have and use in those states except in a licensed vehicle. There are many lawful restrictions that are in effect when you associate them with a licensed vehicle. I do a lot of work in Virginia and I once discussed this with an attorney in Richmond at some length so I could get a good grasp of both sides of the issue. If you don't live in that state then you may not be aware of how bad the consequences are for using a radar detector and getting caught. Take my word for it, you don't want to get caught if the cop is in a bad mood!

[ntexasdude]

Originally Posted by DonLandis

.........I do a lot of work in Virginia and I once discussed this with an attorney in Richmond at some length so I could get a good grasp of both sides of the issue. If you don't live in that state then you may not be aware of how bad the consequences are for using a radar detector and getting caught. Take my word for it, you don't want to get caught if the cop is in a bad mood!

Yep, I drove through VA a few years ago and it seems I remember signs near the state lines warning that radar detectors were illegal. In Texas they are illegal in commercial vehicles like 18 wheelers. However, these state laws usurp the federal law allowing their use. If someone had the time and money they could probably get these laws overturned. I've had a radar detector since the 1970's. The one I have now detects 6 radar bands and three wavelengths of lasers. It has saved my butt dozens and dozens of times.

Back to topic - The short article didn't mention whether the guy hacked through encryption. IF he did then he should be charged. IF he didn't then he should be let go and the homeowener charged with being an idiot.

[n8dagr8]

Originally Posted by ntexasdude

the homeowener charged with being an idiot.

Could you imagine? The courts/jails would be full!

[Scott Greczkowski]

Yes, and I know that. Also, include Connecticut.

Radar Detectors have been legal here for about 7 years now (if not longer)

Before i got my Treo 650 it would not be uncommon when I was out to need to use my laptop and needed net access, it never took me any time to drive into any neihborhood until I had myself a free broadband connection. I was able to get my email or directions I needed and was on my way.

Next thing you are going to see is the banning of these keychain Wifi finders.

I think this is stupid.

[DonLandis]

Scott- There are still some signs up down near NYC area that warn about the RD's.

[Steve Mehs]

Lock me up and throw away the key, I'm guilty as sin. I jump on wireless networks all the time, before I did a hard reset on my PDA, I had a list of upwards of about 70 different WLANs (not including ADHOC WLANS) I connected to since I got the thing in December. Nearly every time I go to a restaurant, after my order is taken I take out my PDA and see what I get and most of the time I do get a connection with the SSID of Wlan, Linksys or Netgear. Now what I do is I use the Mobile XMStreamer and actually listen to XM via internet streaming with my PDA and outputting it to a pair of headphones. I check my email, browse here and other sites like Yahoo News and such. One time when I was going to a friend of mines house for the first time, I pulled in at a diner turned on my PDA had access to the 'Chang Family' network, went to MapQuest and got directions.

Legal? Ethical? I really don't care honestly. I’m just surfing, not downloading anything, or browsing through shared folders. Not saying I wouldn't do that, but on a PDA there is no equivalent of My Network Places (or at least that I know about) you have to type in the full UNC path to get to a shared file.

My wireless network is unsecured. Living in a rural wasteland I have 5 neighbors, 2 of them don’t own computers, one of them (my Uncle) is on AOL dial up. My end of the street doesn’t get much traffic. Besides my wireless signal barley reaches to the end of drive way. There is only one house that could pick up my signal realistically and they don’t own a computer.

[Bogy]

Originally Posted by DonLandis

"But, to go back to my first example, when my computer automatically connected to the best available unencrypted signal, that didn't happen to be mine, was I stealing?"

If your conscious says you were, just ask Jesus for forgiveness of your sin and all will be well. But don't worry about man's laws.

Oh yes, a warning about your religion, If you do ask Jesus to forgive you he may ask you to make an act of contrition (or was that the Catholic dogma) and go pay that neighbor some restitution for your theft. Don't think Jesus will just let you off for saying "I'm sorry" Are you sorry you asked?

I did better than paying him restitution. I told him he should encrypt his open system, and suggested a few other precautions he should take.

[n8dagr8]

Originally Posted by Steve Mehs

Nearly every time I go to a restaurant, after my order is taken I take out my PDA and see what I get and most of the time I do get a connection with the SSID of Wlan, Linksys or Netgear.

FYI - don't do this on a date/with the GF/with the wife.

[AllieVi]

I agree with Don. It's really a non-issue. When the SSID is broadcast, it's an invitation to use the network.

Having said that, though, I think the router manufacturers should change the default setting to "not broadcast" the ID. Sort of like changing the default when you're leaving the car from "don't lock the doors" to "lock the doors." Let those who want to operate an open network actively choose that option.

My wireless router is about 6 feet from my notebook, yet I still sometimes "see" neighboring network choices. I convinced my nearest (about 150') neighbor to stop broadcasting, so what I'm seeing is coming from farther away than that!

[CoriBright]

My neighbor's LaserJet 6 keeps appearing on my network!

Last weekend I was in LA, we were in Denny's having breakfast and I had my notebook open, up popped the wireless network configurator and politely asked if I would like to connect to any of the three totally unsecured wirelesss networks it had found.

So we connected to one, surfed the net, and my friends laughed when I complained that I must have found the slowest unsecured network in the west coast. I didn't break into anything, it was wide open.

BTW no one has yet managed to get into my own wireless network.

[AllieVi]

Originally Posted by CoriBright

BTW no one has yet managed to get into my own wireless network.

Just curious... How would/could you know that?

I know just enough about wireless to make mine work with encryption and MAC address filtering, but I've often wondered how I would know if someone actually penetrated my defenses and didn't do anything destructive.

[CoriBright]

Originally Posted by AllieVi

Just curious... How would/could you know that?

I know just enough about wireless to make mine work with encryption and MAC address filtering, but I've often wondered how I would know if someone actually penetrated my defenses and didn't do anything destructive.

I check my router logs.