wardriving a crime in Florida?

[Jack]

<Warning wordy response>

--- 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? 
> 
Granted, breaking into a computer is and should be a
crime. However, this is a case of apples and oranges.
One, with wide open wi-fi there is no breaking in
involved. Wi-fi broadcasts the availability of access.
To me this is the same thing as putting out an "open
house" sign. I think we can all agree that a house
with an "open house" sign on the property and the
doors are open or unlocked is an open invitation to
enter the house. It is possible to lock down the wi-fi
and things that can be done to minimize the announcing
of the existence of it. While I consider the use of an
open access point to be permissible under most
conditions, just as walking through someone's yard is
permissible under most conditions, that doesn't mean
that all access via war-driving is innocent. There are
certainly activities that are and should ber criminal.
If someone takes a shortcut through someones yard and
throws a rock at a window and breaks it, that is
certainly criminal. If a user wardrives into your
network and uses it for spamming that is certainly
criminal also.
Now consider this, if someone walks through your yard
which has no foence and no indication that trespassing
is not welcome and picks up a rock from your stream,
is that criminal? Let's also say that you have even
known of the rock in your stream and didn't consider
it to be anything important. Now let's say the rock
contains a fossil worth $10,000 dollars, is it
criminal now? Now let's consider that not only did you
know of the rock, but also what it was and it's worth,
but felt it belonged where it was. Now is it criminal?
You see not everything is black and white, and I think
it's wrong to flat out say that wardriving is criminal
in all cases everywhere. In fact there are numerous
places that intentionally have open access points for
people to use. Therefore, the only true way to know
that an access point is not intentiionally left open
for all to use is to somehow secure the wi-fi. So, by
this logic any open access point should be considered:
an explicit or implicit consent to use and, as an
"open house" sign and thus legal to use for any
legitimate purpose. While this is certainly not a
truly correct analysis, because there are certainly
people who probably don't want peopel using their
wi-fi, it is analogous to the first-time homebuyer who
after buying the house never locks it and leaves the
open house sign on the front lawn. The ignorance of
the general public is certainly no reason to outlaw an
otherwise innocent activity. Some responsibilty must
be imposed on the general public. In fact this
assumption of responsibility is built into both the
Constitution and Common Law that are the foundations
of this country.

I hope this explains how I see hopping on someone's
wi-fi as very different from entering an unlocked
house. 

Lastly, as an aside, hopping into a car and taking it
for a drive and returning it may not be a crime in
Missouri. I have a friend with a construction company
who had one of his trucks taken for a joy-ride one
night and the police told him they couldn't prosecute
him for auto-theft. I think he might have been able to
prosecute for theft of the gas, but I don't think it
occurred to him or them at the time. Although, I
disagree with this assessment (about the auto theft
that is). Now of course, IANAL, nor familiar with
every single law in Missouri, so it could very well be
the Officers were wrong (something I consider quite
possible in the KC force in general). 

Brian J.D. 



		
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