The legalities of wardriving. - Page 8

WarDriver · 05-22-2006, 08:11 AM

Quote: Originally Posted by BarryWoods

You know, we could keep arguing this crap till the sun explodes. I'm done. You guys just keep doing what your conscious will let you.

Well...that didn't last long.

-zip- · 05-22-2006, 09:14 AM

WiFi Cellphones are coming out then it should get interesting

PURDooM · 05-22-2006, 02:11 PM

Quote: Originally Posted by -zip-

WiFi Cellphones are coming out then it should get interesting

They are here, they are just a niche market and expensive. Watch the systm video on asterisk for a demo.

Silentbob343 · 05-22-2006, 03:55 PM

Quote: Originally Posted by Wiredwrx

You don't understand how the courts and lawsuites work. It's O.K., there is a whole semester in lawschool specifically that teaches you Remedies, what one is entitled to, can win, for each type of cause of action. You can't just sue for whatever you want.

Even if it were some sort of cause of action, say theft/larceny, the only thing one is entitled to is actual damages. Since the actual damages are the amountof electricity, and the cost of the bandwidth, that is all he is entitled to, plus court costs. Not lawyers fees, and not preparation costs, just COURT COSTS.

Michael

I have only taken some intro law classes and I did say tack on court fees, you don't need a lawyer for small claims hence why I didn't say lawyer cost. Oh and the 5 grand I mentioned was in response to another post in which 5 grand was tossed out. Small claims only costs a couple hundered bucks.

Thread that shows the small costs in going to small claims:
http://forums.delphiforums.com/n/mb/...msg=198041.201

Now this all very silly as there aren't laws dealing WiFi "theft", but just showing how he could recoup some of the "costs".....why am I typing this out to you?

-zip- · 05-22-2006, 03:57 PM

Quote: Originally Posted by PURDooM

They are here, they are just a niche market and expensive. Watch the systm video on asterisk for a demo.

Yep they were out in 2004 but failed to catch on.

yrean · 05-22-2006, 04:19 PM

lol with this 3g card and unlimited usage, im always a hotspot. lol. if you share the verizon connection, then bridge the network connection and your wireless. making your wireless card adhoc with a name anyone within range can use my connection thru my pc. i purposly leave this hotspot open since im paying 80 a month for unlimited i wanna make sure i get my moneys worth :P

i think weve summed up that wardriving isnt illegal and is therefore legal. i think if we continue on with this thinking, the name of the post should change to the ethical standpoints of wardriving.

BarryWoods · 05-23-2006, 11:49 AM

Wardriving has nothing to do with connecting!!!!!!!

Enforcer · 05-23-2006, 12:48 PM

Quote: Originally Posted by BarryWoods

Wardriving has nothing to do with connecting!!!!!!!

Correct.

So it is legal. period.

Can we close this thread now as we can all agree the legalities of wardriving are it's LEGAL.

suncam · 06-07-2006, 03:50 PM

look guys i live in south Florida! And everywhere i go there is open wifi spots. not for free just people dont know how to lock them down! I was thinking I could make big bucks just driving around with my live mobile cam and in car pc setup and show people that i can jump on there wifi .. and charge them to lock it up for them! I own a pc repair shop so I can just use my name .. but is this bracking the law??? anyway thanks guys please let me know I could not find that out on this forum! Ross from www.suncam.tv

PURDooM · 06-07-2006, 04:08 PM

Quote: Originally Posted by suncam

but is this bracking the law???

I've heard of people getting sued for doing that. Its kinda like extortion.

Silentbob343 · 06-07-2006, 07:25 PM

That's kinda cheesy, but I don't think it's illegal as long as you don't threaten to keep exploiting their open network, then it would be extortion.

BarryWoods · 06-08-2006, 01:41 AM

Quote: Originally Posted by suncam

look guys i live in south Florida! And everywhere i go there is open wifi spots. not for free just people dont know how to lock them down! I was thinking I could make big bucks just driving around with my live mobile cam and in car pc setup and show people that i can jump on there wifi .. and charge them to lock it up for them! I own a pc repair shop so I can just use my name .. but is this bracking the law??? anyway thanks guys please let me know I could not find that out on this forum! Ross from www.suncam.tv

This guy thought that too. It will open up a huge *** can of worms.

For the "no one will go to jail" folks.
http://management.silicon.com/govern...9150672,00.htm
http://rrstar.com/apps/pbcs.dll/arti...103230036/1011

Wiredwrx · 06-08-2006, 02:34 PM

Quote: Originally Posted by BarryWoods

This guy thought that too. It will open up a huge *** can of worms.

For the "no one will go to jail" folks.
http://management.silicon.com/govern...9150672,00.htm
http://rrstar.com/apps/pbcs.dll/arti...103230036/1011

Notice that the first guy "hacked" into patient records. That is a violation of the law that was posted earlier, accessing information or a computer of someone else with out permission. That is not wardriving, or even connecting to an open AP to access the internet. What he did was ACCESS the information on somone elses system with out permission. That is illegal.

The UK guy is guilty of a crime in the UK because there is a law right on point, "125 Dishonestly obtaining electronic communications services

(1) A person who-

(a) dishonestly obtains an electronic communications service, and
(b) does so with intent to avoid payment of a charge applicable to the provision of that service,
is guilty of an offence. "

Bam, the UK has a law. The US does not.

As for the last link, there is no mention of what he did, and what law he was convicted of. I have sent e-mail to the paper, and to the local DA in an attempt to get additional information.

Michael

Wiredwrx · 06-08-2006, 02:49 PM

O.K., Well, the Illinois court have a great website. You can find ANYTHING out about ANY case. I was amazed at how advanced it is. You can see EVERYTHING about this guy.

So, he was charged with violating the following statutes and sections.

5/16D-3. Computer tampering

(a) A person commits the offense of computer tampering when he knowingly and without
the authorization of a computer's owner, or in excess of the authority granted
to him
(1) Accesses or causes to be accessed a computer or any part thereof, or a
program or data;
(2) Accesses or causes to be accessed a computer or any part thereof, or a
program or data, and obtains data or services

I am waiting to hear back about the facts of the case (I haven't found that on the courts website, YET) but maybe the reporter will have more information.

This statute looks like the others, EXCEPT for the last word, "services". That may have been the problem. However, until there is more information on the facts of the case, the offender may have been accessing computers or information illegally, and not just accessing the WWW.

We'll see what happens.

Michael

BarryWoods · 06-20-2006, 02:47 PM

Alaska law.
Theft of service.
Sec. 11.46.200. Theft of services.
Subsection (a) (3)

(a) A person commits theft of services if
...

(3) the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized.
...

Sec. 11.46.484. Criminal mischief in the fourth degree.

(a) A person commits the crime of criminal mischief in the fourth degree if, having no right to do so or any reasonable ground to believe the person has such a right

...

(3) the person knowingly accesses a computer, computer system, computer program, computer network, or part of a computer system or network;
...

Sec. 11.46.710. Deceptive business practices
...
(d) Deceptive business practices is a class C felony if the person uses the Internet or a computer network to commit the offense. In this subsection, "Internet" means the combination of computer systems or networks that make up the international network for interactive communications services, including remote logins, file transfer, electronic mail, and newsgroups.

Sec. 11.46.740. Criminal use of computer.

(a) A person commits the offense of criminal use of a computer if, having no right to do so or any reasonable ground to believe the person has such a right, the person knowingly accesses, causes to be accessed, or exceeds the person's authorized access to a computer, computer system, computer program, computer network, or any part of a computer system or network, and, as a result of or in the course of that access,

(1) obtains information concerning a person;

(2) introduces false information into a computer, computer system, computer program, or computer network with the intent to damage or enhance the data record or the financial reputation of a person;

(3) introduces false information into a computer, computer system, computer program, or computer network and, with criminal negligence, damages or enhances the data record or the financial reputation of a person;

(4) obtains proprietary information of another person;

(5) obtains information that is only available to the public for a fee;

(6) introduces instructions, a computer program, or other information that tampers with, disrupts, disables, or destroys a computer, computer system, computer program, computer network, or any part of a computer system or network; or

(7) encrypts or decrypts data.

(b) In this section, "proprietary information" means scientific, technical, or commercial information, including a design, process, procedure, customer list, supplier list, or customer records that the holder of the information has not made available to the public.

(c) Criminal use of a computer is a class C felony.

Sec. 11.46.985. Deceiving a machine.

In a prosecution under this chapter for an offense that requires "deception" as an element, it is not a defense that the defendant deceived or attempted to deceive a machine. For purposes of this section, "machine" includes a vending machine, computer, turnstile, or automated teller machine.

Sec. 11.46.990. Definitions.

In this chapter, unless the context requires otherwise,

(1) "access" means to instruct, communicate with, store data in, retrieve data from, or otherwise obtain the ability to use the resources of a computer, computer system, computer network, or any part of a computer system or network;

(2) "appropriate" or "appropriate property of another to oneself or a third person" means to

(A) exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of the property; or

(B) dispose of the property of another for the benefit of oneself or a third person;

(3) "computer" means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic, optical, or magnetic impulses, and includes all input, output, processing, storage, computer software, and communication facilities that are connected or related to a computer;

(4) "computer network" means an interconnection, including by microwave or other means of electronic or optical communication, of two or more computer systems, or between computers and remote terminals;

(5) "computer program" means an ordered set of instructions or statements, and related information that, when automatically executed in actual or modified form in a computer system, causes it to perform specified functions;

(6) "computer system" means a set of related computer equipment, devices, and software;

(7) "data" includes a representation of information, knowledge, facts, concepts, or instructions, that is being prepared or has been prepared in a formalized manner and is used or intended for use in a computer, computer system, or computer network;

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