The legalities of wardriving.

**joego** · 05-15-2006, 09:40 PM

If an AP is considered a computer (I think it is) then it is illegal to get information from it right? Does that include what comes in over the internet? Although there is no intent you would technically be breaking the law.

**Wiredwrx** · 05-15-2006, 09:47 PM

I assure you, the fact that you see it as a computer has nothing to do with wether a court will consider it a computer. Your belief that since you can run applications on it makes it a computer would open up so many Noncomputers to your definition of computer,like would a Furbi be a computer, or a leapfrog learning device?? And I doubt a court will ever go that far though who knows what the future will bring. Maybe in the future it will, but clearly this conversation isn't about the future, it is about the present.

Also, what do you mean when you say that "though what you do while using the connection can get you in trouble"?

Michael

**Wiredwrx** · 05-15-2006, 09:59 PM

Originally Posted by joego

If an AP is considered a computer (I think it is) then it is illegal to get information from it right? Does that include what comes in over the internet? Although there is no intent you would technically be breaking the law.

Not sure what you mean. Currently the law forbids taking information from the computer of another with out permission. You want to assume that an AP is a computer. I disagree, thoguh even if I was wrong ( and no court till this day has said I am) the information would have be stored and accessed from the AP/ computer for it to be a violation of the law. Perhaps the packet forwarding technology would be akin to storing it, but I would argue that using an AP doesn't really require that the user ACCESS the information, because in fact, all it does is broadcast it, and that the storage of the packets isn't really to store, hold, safeguard, and make available for use or reading by people, in the way that a HD would, which is, in essence, what all the laws in this area are about.

Michael

**BarryWoods** · 05-15-2006, 10:22 PM

You're still accessing a network to get to the internet, accessing a network without the owner's permission is illeagle. If you are accessing the internet through my wifi you are actually accessing it through my firewall since it caches everything that goes through it, it's an ibm e-series server running ipcop. It basically boils down to theft of service. You are using my internet connection, which you didn't pay for, my electricity, which you didn't pay for, my paper to print out the access logs, that I will take to court, along with the photo's of your car sitting outside my house.

**Enforcer** · 05-16-2006, 05:22 AM

Originally Posted by BarryWoods

along with the photo's of your car sitting outside my house.

He must be driving a snowcat then, seeing as you are in the North Pole.

**yrean** · 05-16-2006, 09:42 AM

Originally Posted by BarryWoods

along with the photo's of your car sitting outside my house.

sigh...... and you think it would be that easy. first off, prove that i was on your network when that picture was taken. a picture of my car doesnt mean ****. look at my worklog and take all the pictures you want. chances are im sitting outside your house for a total of a minute to check weather. the chances of you getting back to your window with a camera before i drive off are slim to none. and then theres the fact of court costs. lol .. go ahead spend 5 grand trying to take someone to court for 200kb. secure your network with a mac if you dont want anyone on it. otherwise an open AP is just that. an OPEN ap. when you start broadcasting wireless it is also your job to secure the network. if you dont the only person at fault is you.

**BarryWoods** · 05-16-2006, 11:04 AM

Originally Posted by yrean

sigh...... and you think it would be that easy. first off, prove that i was on your network when that picture was taken. a picture of my car doesnt mean ****. look at my worklog and take all the pictures you want. chances are im sitting outside your house for a total of a minute to check weather. the chances of you getting back to your window with a camera before i drive off are slim to none. and then theres the fact of court costs. lol .. go ahead spend 5 grand trying to take someone to court for 200kb. secure your network with a mac if you dont want anyone on it. otherwise an open AP is just that. an OPEN ap. when you start broadcasting wireless it is also your job to secure the network. if you dont the only person at fault is you.

The webcam takes continous video. It is secured, that's why you won't be sitting there for longer than a minute. No chances about it, if you're sitting outside my house, you've already passed the no tresspassing signs.

**gsd_racing** · 05-16-2006, 11:27 AM

Great.... Look at it this way, I have a neighbor, he has a light which shines on his driveway. It also shines on my lawn. I am NOT going to pay him for the light which shines on my lawn. He sets up a fence (changes SSID, passwords stuff, encryption, ect...) problem solved.

Originally Posted by BarryWoods

No chances about it, if you're sitting outside my house, you've already passed the no tresspassing signs.

You're talking about a remote location....out of the way. Chances are if you have that much property to put up signs, your wireless isn't going to be that great anyways......lol.

**3g Jester** · 05-16-2006, 11:33 AM

i dont know how there is even an argument. its guilty by association. why else would you map wifi point except to later user them or post them on the net (wiggle) so other people can jump on said bandwidth.

**b8bboi** · 05-16-2006, 11:33 AM

Originally Posted by BarryWoods

You're still accessing a network to get to the internet, accessing a network without the owner's permission is illeagle. If you are accessing the internet through my wifi you are actually accessing it through my firewall since it caches everything that goes through it, it's an ibm e-series server running ipcop. It basically boils down to theft of service. You are using my internet connection, which you didn't pay for, my electricity, which you didn't pay for, my paper to print out the access logs, that I will take to court, along with the photo's of your car sitting outside my house.

What a tightass!!!!!