The legalities of wardriving. - Page 14

ahscrewthis · 01-12-2008, 07:40 PM

In response to Barry's claim above that connecting, accessing or piggybacking is illegal in all 50 states and DC, see:

http://en.wikipedia.org/wiki/Piggyba...#United_States

New York clearly is an exception and as no action has been taken in many other states it is still difficult to say what constitutes unauthorized access of an open network and hence whether or not accessing an open wifi source is illegal.

It is difficult because the question of what constitutes unauthorized access will not be decided until a judge sets a precedent in each state. A network operator (a user with a wifi network) who fails to set up a system of authorization neither authorizes nor un-authorizes access to that network. The question of authorization is inherently ambiguous because of the nature of wifi networks. This becomes clear if we consider the following example: Mordecai has a friend, Fritz, who often comes over. They share the network (in a clearly authorized manner) while playing some online video games, but then Fritz sleeps with Mordecai's girlfriend. Mordecai tells Fritz that he shouldn't come over anymore, and that he is no longer very interested in playing games with Fritz. But Fritz still hangs out across the street using the wireless. It 's clear that Fritz once had authorized access but it is unclear if that authorization was removed, because wireless access extends beyond the boundaries of the home.

Now, we might be prone to consider the default status of any given citizen accessing the unprotected wireless network of someone with whom they are not on familiar terms to be unauthorized, but, as New York has shown, this is not necessarily a sound legal position. There are good reasons to consider wifi as by default authorizing users to gain access, because it is a service that user actively broadcasts.

For more on how New York allows "open door" unauthorized access to networks that are not protected by security features, see also:

http://moritzlaw.osu.edu/lawjournal/...5/bierlein.pdf

For instance, p. 1147:

"Liability attaches more easily in states with a minimal or no damage requirement. In contrast, liability is unlikely in states such as New York, which requires users
to circumvent security for their conduct to be actionable."

The rest of the discussion is interesting, but it seems that little more is to be said until a judge actually sets a precedent by interpreting the statutes in question.

hawk909 · 01-14-2008, 07:14 AM

Laws regarding unauthorized access of a computer network exist in many locales, including the U.S. federal government, all 50 U.S. states, and other countries, though the wording and meaning differ from one to the next. However, the interpretation of terms like "access" and "authorization" is not clear, and there is no general agreement on whether piggybacking (intentional access without harmful intent) falls under this classification

So connecting isn't illegal in all 50 states.

BarryWoods · 01-16-2008, 10:56 PM

Quote: Originally Posted by hawk909

Laws regarding unauthorized access of a computer network exist in many locales, including the U.S. federal government, all 50 U.S. states, and other countries, though the wording and meaning differ from one to the next. However, the interpretation of terms like "access" and "authorization" is not clear, and there is no general agreement on whether piggybacking (intentional access without harmful intent) falls under this classification

So connecting isn't illegal in all 50 states.

You know, I was pretty much done with this thread, but what the hell.

609.87 COMPUTER CRIME; DEFINITIONS.
Subdivision 1. Applicability. For purposes of sections 609.87 to 609.891 and 609.8912 to
609.8913, the terms defined in this section have the meanings given them.
Subd. 2. Access. "Access" means to instruct, communicate with, store data in, or retrieve
data from a computer, computer system, or computer network.
Subd. 2a. Authorization. "Authorization" means with the permission of the owner of
the computer, computer system, computer network, computer software, or other property.
Authorization may be limited by the owner by:
(1) giving the user actual notice orally or in writing;
(2) posting a written notice in a prominent location adjacent to the computer being used; or
(3) using a notice displayed on or announced by the computer being used.

Subd. 5. Computer network. "Computer network" means the interconnection of
a communication system with a computer through a remote terminal, or with two or
more interconnected computers or computer systems, and includes private and public
telecommunications networks.

I don't know, looks pretty cut and dry to me.