wardriving a crime in Florida?

[Welsh, Ed]

 IMHO, a network left unprotected forfeits prosecution of simple use.  

I have four WiFi networks available in my home.  These networks are broadcast by various neighbors and
depending on which part of my house you are in will determine which network you access.  Since these
networks are open, my system will autoconnect and get an ip on the strongest one.  Simply getting a
DHCP address means that the network has been accessed.

Setting a precedent that would make this illegal would mean slapping a felony on everyone with a
modern WiFi capable computer that stands in range of an open network.

Now if proof can be made that a system has been harmed or improperly accessed, then all rules apply.
Just browsing the internet is not harmful.  Installing a virus on a PC accessible via local WiFi is
harmful and should be prosecuted.

Even some mobile phones are WiFi capable.  Just going for a walk in my neighborhood with one of these
would put you within the realm of felony prosecution.  Everytime a network is available the phone
would pickup a Yahoo! or MSN messenger friend list.

Hopefully the judge has some sense.

EW
-----Original Message-----
From: John Townsend [mailto:tragicallykarmic at sbcglobal.net] 
Sent: Friday, July 08, 2005 11:05 AM
To: kclug at kclug.org
Subject: Re: wardriving a crime in Florida?

This is where I think the whole thing gets a little bit tricky, the articles I read seemed set up to
try and start a panic among less technical people. I wouldn't be surprised if we see people who go
wardriving without acessing the networks getting arrested soon. It will be interesting to see what the
charge will be.

I believe the guy in Florida was charged with network intrusion. I think it will all come down to
whether or not his lawyer can convince the judge that accessing a network that has been intentionally
left open is not "intruding". If this is the case it will probably lead to a legal precedent and a lot
of confusion.

I mean you have open networks that have been left open, open networks where the owner doesn't know how
to close it, closed networks that have been cracked, closed networks that have been cracked by
somebody else and look open. Plus the issues of usage and intent. Should get interesting.


--- Matthew Copple <mcopple at gmail.com> wrote:

> 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
> 
> 
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