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Thread: The legalities of wardriving.

  1. #191
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    Quote Originally Posted by BarryWoods
    Wardriving is legal in all 50 states and DC. Wardriving has nothing to do with connecting. Connecting is however illegal in all 50 states and DC.
    That is overly optimistic/pessimistic, and certainly, you have no indication that the statement is true.

    Michael
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  2. #192
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    Quote Originally Posted by Montanaja
    I'm pretty sure wardriving is illegal in michigan.

    FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS (EXCERPT)
    Act 53 of 1979


    752.795 Prohibited conduct.

    Sec. 5.

    A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:

    (a) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.

    (b) Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network. This subdivision does not prohibit conduct protected under section 5 of article I of the state constitution of 1963 or under the first amendment of the constitution of the United States.


    History: 1979, Act 53, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 326, Eff. Apr. 1, 1997


    © 2006 Legislative Council, State of Michigan
    That looks like it does prohibit connecting, though again, it is in the context of section b., which deals mostly with malicious use of the system.

    Now, any indication that anyone has actually been arrested and charged/convicted undert aht statute for wardriving/connecting?

    Michael
    ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

  3. #193
    Maximum Bitrate BarryWoods's Avatar
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    Okaaay, how bout this one. Still Minn.

    609.89 Computer theft.

    Subdivision 1. Acts. Whoever does any of the following is guilty of computer theft and may be sentenced as provided in subdivision 2:

    (a) intentionally and without authorization or claim of right accesses or causes to be accessed any computer, computer system, computer network or any part thereof for the purpose of obtaining services or property; or

    (b) intentionally and without claim of right, and with intent to deprive the owner of use or possession, takes, transfers, conceals or retains possession of any computer, computer system, or any computer software or data contained in a computer, computer system, or computer network.
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  4. #194
    Maximum Bitrate BarryWoods's Avatar
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    Quote Originally Posted by Wiredwrx
    That looks like it does prohibit connecting, though again, it is in the context of section b., which deals mostly with malicious use of the system.

    Now, any indication that anyone has actually been arrested and charged/convicted undert aht statute for wardriving/connecting?

    Michael

    It doesn't have to pertain to all parts, it only has to pertain to any part. Like I said before you'll probably never see a case where someone gets charged "just for connecting". That doesn't make it any less legal.
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  5. #195
    Newbie rogue212005's Avatar
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    As I see it the difference is "Authorized" and "Unauthorized"

    I like the house analogy so we'll use that:

    An encrypted network (Locked door), I have an encrypted wireless network running in my parents house, say a friends over with his laptop. I give him the key so he can connect to the internet, the OS saves that key for future use and whenever he's over he can connect to the internet. To anyone who doesn't have the key and connects has been unauthorized to do so. Thats the same as when I go on vacation my friend has a key so he can come in, feed my dog, check my mail, etc... Anyone else who comes in has broken my lock or picked it or however they got in. Breaking and entering (Hacking) = Illegal

    Now, at my apartment, I broadcast my SSID and have no encryption, lets say this is the same as putting an open house sign out, I am offering you to come in, and look around (Surf the net, check email, weather updates) Now I understand this doesn't include those who go out buy a router hook it up and are none the wiser about security and all that, but as we have already established ignorance is no excuse so.....

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    Not illegal in all 50 states and DC...

    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.

  7. #197
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    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.

  8. #198
    Maximum Bitrate BarryWoods's Avatar
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    Quote Originally Posted by hawk909 View Post
    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.
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    It's installed by default on every version of Windows.

  9. #199
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    How is this thread still alive?
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  10. #200
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    Quote Originally Posted by TruckinMP3 View Post
    Well, there it is... currently legislated at a state level and at least in some states accessing a network is not legal.

    Yup, look for the law in your state and let it die...
    TruckinMP3
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