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[bluedeath]

I am very interested to see how this case pans out

Basically a guy in florida stops in a residential neighborhood .. scans and finds an open connection.  He uses it for a while,  The cops bust him and he could face time.  If you do not encrypt your wireless connection then you are giving it away.  It should be public domain and in fact it is.  It's your connection that you are forcing on everyone else.

My Source

This kind of crap makes me want to wander the suburbs with a wifi detector randomly posting death threats etc. on open connections

[thesideinguy]

that kinda goes to the topic of,"well since the direct tv satellite signals land in my back yard, its OK for me to intercept them and use the service"

this goes against personal privacy and theft.

if his charges does fan out, then at least we will have a leg to stand on when the FBI, or other law enforcement agency intercepts our wireless connection to kinda tap us with out a warrant.

if its illegal for him to do it, than its illegal for them to do it.

[MrWizdumb]

i guess if someone really wants to borrow my internet i guess i'd allow it.  i'm also stoned and anything sounds cool right now.

[br0w]

anything that gives out a wireless signal without the need for a encrytion key is an open node, that can be used by anybody. i use my neighboors all the time with my psp, i have even talked to them and they dont care, its a  matter of knowing how to protect yourself. i went wardriving with some freind a couple of weeks ago, and there were people that had open nodes with no protection with their files, and some with protection for their files, but still having an open node. if you leave your acsess point unencrypted without any protection from your files, it shows you have made no attempt to turn people away from using that point, therefor there is no real reason to sue/arrest someone for using it, you havent made an attempt to keep people from using it. if you have and people still use it, then you can sue/arrest for it. so if you dont want someon leeching your wifi, encrypt it, if you dont care and like the idea of public domian, then leave your acsess point open, and protect your files.

my 2 cents.

[damam]

I agree with bluedeath.  If I dont have to go through any extroadinary effort to gain access, then it is open for public use.  The minute I have to break an encryption key (no matter how easy it is), I am breaking the law.  

Its not the same as stealing DSS because DSS is encrypted.  Extroadinary means need to be taken to get DSS for free.  Nor is it the same as having wires running outside your house.  A better equivalent would be having wires running outside your house, and into the houses of all your neighbors, and then terminating them nicely into wall jacks around the entire house for ease of use.  I dont know about you, but I feel quite comfortable using any wall jack in my house.

My neighbor has a really strong wireless access point that totally drowns out my poor linksys.  He also doesnt have it encrypted.  Despite the settings to choose our linksys, my husbands XP box usually preferantially chooses the neighbors signal.  Not that I mind, but you tell me, is he forcing it upon us?

[darth_turtur]

I guess what we all need to remember is that not all of the people out there are like you folks.  I'm sure that you would use an open node for the sake of having a port for your internet connection to access, I don't know, e-mail, play online games, etc.  But there is still that population out there that maliciously use other people's, technically "property" for purposes that are disrespectful to others.

I don't know, this sounds like a grey area that needs to be further investigated.  My brother and his wife use their neighbor's wifi signal all the time, but of course they've become friends now so I guess it's OK.

[thewickedjester]

It doesnt matter how you look at it, in the end its stealing. Your using something for free that you should be paying for. But 5 years is way to drastic. Although you have to ask, what was the guy doing online? Planning terrorist attacks? (I'm exagerating)

Although he should be punished for 'stealing' the internet connection, a big peice of the punishment needs to have the act he was doing taken into account to.

[thewickedjester]

QUOTE(darth_turtur @ Jul 12 2005, 04:54 PM)

Oh without a doubt he needs to be punished for it!  I guess what I was saying was there are a few of us here who have maybe a more-than-good relationship with our neighbor(s) who feel that we trust them enough that it's ok to use or let them use existing open wifi connections.

[bluedeath]

QUOTE(darth_turtur @ Jul 12 2005, 02:23 PM)

I guess what we all need to remember is that not all of the people out there are like you folks.  I'm sure that you would use an open node for the sake of having a port for your internet connection to access, I don't know, e-mail, play online games, etc.  But there is still that population out there that maliciously use other people's, technically "property" for purposes that are disrespectful to others.

[Twasi]

The case will get thrown out, It has absoloutely no leg to stand on. The thing is, unless it in enxcrypted it's free for anyone to use, It's not stealing unless you lower the quality of service they are paying for by lets say sucking up a ton of bandwidth, but if the service and quality goes unchange they are still recieving what they paid for and you aren't 'stealing' anything. Now where it becomes illegal to access is network is if there is any password prompt or anything where you would have to gain access illegaly by cracking it or such. Or if the owner personaly tells you that you can't use it. Other than that it's pretty much mutually agreed that an open wi-fi signal is up for grabs. It's no different than going to a friends house and watching sattelite because at your house you don't have it. Should he have asked to use it? yes. Does he have to? no because it's unprotected. Unless the judge is a baffoon and hasn't heard of a computer he will throw it out or give him a slap on the wrist with a few hours of community service.

[thewickedjester]

A blind woman stands on a corner with a hand outstretched and in her palm is a $20 bill. Is it stealing to take it? I mean, its free for anyone to take right? Its not being used and its not like she'll notice any change?

Someone leaves their keys in their car, mabye on the cell phone and didnt think about it. Is it grand theft auto to come and take the car for a joy ride? I mean, its free for anyone to walk up and use right?

Uh, no, bullshit. Just cause you cant tell its missing doesnt mean the bandwidth wasnt stolen. You point a gun at someones head, what happens? 25-life. Does it change if the person didnt realize you were pointing the gun at them? "But sir, he didnt even notice the gun was pointed at his head" "Well, I guess your right, alright, community service, you rascal you".

[Twasi]

Those analogies aren't accurate. The thing is when you pay for internet access you pay for performance, download and upload rate, now bandwidth does effect that, but you can easily have multiple computers on the same network without seeing a drop in performance. As for taking the money from the woman it's different, now it would be stealing if the person paid per hour per computer on the internet like 56k, but if it was a standard fee it is no different than watching cable that you don't own at someones house or going to a lan party and using their internet. It's not illegal to share internet or everyone who had a lan party would be arrested but it is illegal to use someones internet if they don't want to you. Now if it is unprotected it's not implied that they don't want you on their network but if it's protect with any sort of protection it is implied and it's illegal access of a network. Same with if they ask you to stop. They really have no grounds whatsoever unless they can prove the owner attempted to secure the network somehow. I can go to starbucks hop on the wi-fi and if they ask me to stop I have to legally but I never have to ask to get on, they couldn't come over and arrest me because I was stealing, It is unprotected and free for people to use.

[thewickedjester]

Well, very good points, I still dont agree but oh well. I suppose this is a two sided street, it can be looked at that the guy was stealing, and it can be viewed that he simply used a internet connection free and available to him. I wont change my mind and it doesnt sound like you'll change yours.

[Twasi]

The main reason this case is getting alot of attention is because it is a gray area that the law doesn't state if it's illegal or legal. Alot of people shout out that it's obvious that it isn't while people say it is and when you turn to the books to answere it for you it's another example of where the law hasn't caught up with the technology so it hangs soley in the persons interpetation of what exactly is theft and is it really wrong to use someones wi-fi that is not protected. I don't think this case will amount to anything and will most likely get thrown out, certainly not 5 years in prison, but it may lead to revisions in the law where they outline this sort of activity as illegal and that I believe is why it's getting alot  of attention.