The legalities of wardriving. - Page 9

TruckinMP3 · 06-20-2006, 04:03 PM

Well, there it is... currently legislated at a state level and at least in some states accessing a network is not legal.

mbkowns · 06-20-2006, 05:49 PM

Oh god who gives a ****........

Wardrive on!

Enforcer · 06-20-2006, 07:13 PM

how about drive-by wardriving?

ie play HL2 whilst driving via wireless networks?

BarryWoods · 06-21-2006, 02:45 AM

Like I said three pages back, wardriving isn't illegal. It's when you connect. Maybe they should change it to is connecting legal. I just want to see what the armchair lawyer says.

vxcarpc · 06-23-2006, 06:33 AM

what people can't see won't hurt them.. remember a good hacker gets in, snoops around and leaves without changing anything. An evil one will login and change the router password

tienuts · 06-23-2006, 11:54 AM

I was a cop in Conecticut, and now work in Florida. I can tell you that in both states, it is illegal.
This if from the current Florida State statutes:

Quote: Originally Posted by Florida State Statutes

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

I know most other states have similar statutes. However in today's day and age, we are swamped with fraud, and have little time to worry about people tapping in to unsecured wifi networks.

And before I get negative emails from everyone, I am NOT a traffic cop, I do internet fraud investigations - ebay scams and such. I hate motors cops and speeding tickets too.

TruckinMP3 · 06-23-2006, 12:20 PM

Barry, I understand the distinction you are making. Detecting the signal... no real issue.

But Connecting with out permission is not OK. Does not matter is you have an impact or leave no changes. Checking email or directions is connecting.

If the intent of the connection is for the benefit of customers (starbucks and others) probably no big deal either.

This is not the case for other wireless connections residential or business.

Wiredwrx · 06-25-2006, 07:58 PM

Quote: Originally Posted by tienuts

I was a cop in Conecticut, and now work in Florida. I can tell you that in both states, it is illegal.
This if from the current Florida State statutes:

I know most other states have similar statutes. However in today's day and age, we are swamped with fraud, and have little time to worry about people tapping in to unsecured wifi networks.

And before I get negative emails from everyone, I am NOT a traffic cop, I do internet fraud investigations - ebay scams and such. I hate motors cops and speeding tickets too.

Have you ever heard of anyone being convicted, or even prosecuted under that law for connecting? I tend to think that law is more of an anti hacking statute. Leave the host system/computer alone and you will be fine, even if you are surfing the web, checking e-mail, whatever. Also, do you know where in the statute they define the various terms such as computer system, network etc...

As for the AK law, that is a lot of stuff to dissect, and I have little time. But again, I ask the same questions, any convictions, prosecution? I tend to think it is an ANTI HACKING statute, that would not be applied to taking some bandwisth.

Michael

Silentbob343 · 06-25-2006, 08:12 PM

http://www.katu.com/stories/87037.html

Wiredwrx · 06-25-2006, 08:19 PM

Quote: Originally Posted by Silentbob343

http://www.katu.com/stories/87037.html

Being arrested and prosecuted are VERY DIFFERENT THINGS. On top of that, he was arrested for theft of services, which is not along the lines of the statutes previously quoted.

There is a reason why "The sheriff's office and prosecutors are now reviewing the case." Cause this probably isn't theft of services (can you steal something that is free), and there are no other laws that he broke.

I can almost assure you he won't bve tried or convicted for the theft of services.

Michael

BarryWoods · 06-26-2006, 02:19 AM

Quote: Originally Posted by Wiredwrx

Have you ever heard of anyone being convicted, or even prosecuted under that law for connecting? I tend to think that law is more of an anti hacking statute. Leave the host system/computer alone and you will be fine, even if you are surfing the web, checking e-mail, whatever. Also, do you know where in the statute they define the various terms such as computer system, network etc...

As for the AK law, that is a lot of stuff to dissect, and I have little time. But again, I ask the same questions, any convictions, prosecution? I tend to think it is an ANTI HACKING statute, that would not be applied to taking some bandwisth.

Michael

A network is a network. It doesn't matter if it's copper, glass, or microwaves. You're still connecting to a network, even to "just surf the net".

http://rrstar.com/apps/pbcs.dll/arti...103230036/1011
http://management.silicon.com/govern...9150672,00.htm
http://www.cybercrimelaw.org/blog/28...r%20fined.html
http://arstechnica.com/news.ars/post/20060323-6447.html
http://www.pcworld.com/news/article/0,aid,122153,00.asp

Silentbob343 · 06-26-2006, 02:47 AM

Quote: Originally Posted by Wiredwrx

Being arrested and prosecuted are VERY DIFFERENT THINGS. On top of that, he was arrested for theft of services, which is not along the lines of the statutes previously quoted.

There is a reason why "The sheriff's office and prosecutors are now reviewing the case." Cause this probably isn't theft of services (can you steal something that is free), and there are no other laws that he broke.

I can almost assure you he won't bve tried or convicted for the theft of services.

Michael

I was already aware of those points when I posted the link, but still it's food for thought. The more instances of this, the closer we come to having laws that regulate such activity. I like the caps, they really do help drive the point home.

CoyoteBoy · 06-27-2006, 01:58 PM

I'm not sure if this has been mentioned, dont have time to go through 9 pages, but in the UK a few people have been prosecuted (fined in the end) for bandwidth theft by accessing their neighbours wireless router that wasnt secure and using it so they didnt have to pay for an internet connection. I guess using APs for this use would therefore be considered illegal in the UK? Shame

BarryWoods · 06-27-2006, 11:20 PM

Yea, those mean old isp's. They should just give it away. Then they'd all go under and then no one would have internet.

CoyoteBoy · 06-28-2006, 06:04 AM

Not really, no-one does all their surfing from their car now do they? Even if i could get free connections at certain locations (itd be nice at the beach so i cant get realtime weather reports) I'd still pay for it at home happily.

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