wardriving a crime in Florida?

[Matthew Copple]

It is widely accepted that breaking into someone's computer and using
it without their consent is a crime, or at the very least, a Bad Thing
To Do -- even if the user invites a takeover attempt by failing to
secure his system. Walking into someone's house without her permission
is also a crime, even if the owner leaves the door and windows wide
open. Hopping into an unlocked car and taking it for a drive (even if
you return it) is still theft.

How would jumping on someone's wi-fi connection be any different? 

Matt

On 7/8/05, Jack <quiet_celt at yahoo.com> wrote:
> Well this is a bit disturbing.
> These Florida folks just don't seem to get it.
> 
> http://www.sptimes.com/2005/07/04/State/Wi_Fi_cloaks_a_new_br.shtml
> 
> Now it seems to me that this guy who was wardriving,
> might have been up to no good, but it would seem to me
> that he might have a good defense against this
> "alleged crime". The owner saw him several times and
> didn't tell him to leave. The owner knew that his
> wi-fi was open. The
> owner knew how to lock down his wi-fi and didn't. Now
> it seems to me that just like it's not a crime to
> trespass (like wlaking across someone's yard), if
> there
> are no signs to the contrary, that the owner by his
> lack of action to secure his network gave implicit
> permission for use. Of course, IANAL, so I'll be
> trying to watch this case to see what happens. I think
> it's more than due time to consider writting some
> legislation to protect innocent wardrivers. Case in
> point, back in May, while visisting my mother at the
> hospital, my brothers and I did some wardriving so we
> could keep up with our email and work activities. The
> hospital's wifi wasn't due to be up and accessible for
> another month, so we found some access points locally
> and connected at the picnic area on the grounds of the
> hospital. We could see and connect to the hospital's
> wi-fi but it wasn't yet configured completely so no
> 'net access. There were acouple of other access
> points, that were open and running under the default
> configuration. We suspect they were:  one of the
> offices in the adjacent doctors' building and a
> private cable/dsl connection in the neighborhood.
> 
> Any discussion?
> 
> Brian J.D.
> 
> 
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-- 
Matthew Copple
mcopple at gmail.com

"Above all, we must realize that no arsenal, or no weapon in the
arsenals of the world, is so formidable as the will and moral courage
of free men and women. It is a weapon our adversaries in today's world
do not have."

-- President Ronald Reagan