DeeJay Dan said:
Leaving the keys in the ignition and leaving you house doors unlocks it's pretty idiotic you're almost inviting trouble. Here in NY if you leave your keys in the ignition and someone "steals" your car it isn't grand theft auto it's called unauthorized use and is a low misdemeanor.
Ignorance is no excuse you remember to set your car alarm and lock 1 sometimes 2 locks when you leave your house. The same should apply to your 'net connection.
Hooray for NY for having some commonsense laws in place. I also believe that insurance companies need to start denying claims for people that leave doors unlocked, and keys in the ignition.
If a net connection is left open, then it should be assumed that it is free for public use.
More the reason for cities and counties to provide free WI-FI for the masses. Limit it to low end DSL speeds in order to encourage people that need higher speeds to by services from cable and the such.
jywv8 said:
It seems pretty clear cut to me. It is theft. Petty theft, but theft nonetheless. It comes down to this: I'm paying for something, and you're using what I'm paying for without compensating me for it. Whether it harms me in some measurable way or not is not the point. I'm spent my hard-earned money for internet access and a router. If someone wants internet access they should pay for it themselves.
I mean, wow. I can't believe people are actually trying to defend this. I guess you would all be happy to let some stranger live in your house for free when you aren't there as long as they cleaned up after themselves. Or tap into your cable TV service for free as long as it didn't degrade your picture quality.
But as with any property, it is up to you to make sure it is secure.
grapes911 said:
My neighbor's Christmas decorations were stolen a few years ago. They weren't locked down and they were sitting right out in the open. He filed a police report. The police found the two teenagers that did it and my neighbor pressed charges. The kids had to do community service for theft. Are you seriously trying to tell me that these two teenagers did nothing wrong and it was my neighbor's fault for leaving the decorations out in the open?
There is a concept in the law IIRC of reasonable exceptions of security. With the Xmas decorations, there is no way to secure them - so their theft is a crime.
The problem is that we are trying to place old values on new technology.
I hate news articles like the one posted, for it does not give all the details of the case. For one, we don't know if the owner let the connection open on purpose. We also don't know if there are direct laws regarding this sort of "crime" in Winnebago County. If there are laws on the books, how do they define illegal use verses when some leaves it open to share? I do applaud the police for looking into someone just sitting around in a neighborhood; but I do hope that the police in Winnebago County, and the prosecutors office goes after speeders, red light runners, those that "block the box", and the jaywalkers with the same vengeance.
zelmo said:
If my neighbor has a cable modem and an unprotected wireless network, and I access it, even benignly (not downloading anything but page views, no accessing kiddie pron or anything), and even if my neighbor is cool with it, aren't I still stealing the service from the cable company providing the access (or at least I'm avoiding having to make my own monthly cable payment for the access)? How is this different than piggy backing off someone's cable TV signal?
I see your point. But cable TV providers do take great pains to limit theft of the cable TV signal. For cable internet, they have yet to take the precautions to prevent "theft" of that bandwidth. Just another example of the laws not meeting technology. So far providers don't seem to be too worried.
If you think about the potential lost revenue for the service providers, then you see what is going to drive making wardriving illegal. Just like stealing cable, the ones at risk here are the providers selling the service. When people steal a revenue opportunity from Comcast, it gets noticed.
As of now wardriving is a small issue that does not merit providers attention. I have done some wardriving myself - checking email, quick web searches and the such. I can't see myself sitting in my car for hours on end downloading a video. Or doing the same in some hotel lobby.
In the example of hotel lobbies, the intent is for the WI-FI to be used by guests. But since they do not use any security measures to protect that bandwidth, they are by default offering it for public use.
Hotels are not stupid. They realize that some surfers are buying drinks, snacks, and food. Add to that the goodwill of free access that might have a wardriver consider staying at their property.
IndyGopher said:
some have touched on one aspect of the problem with most analogies, ie, that an internet connection is not a normal tangible item.. the other problem with the analogies is that normally one has to seek out most items to take them.
Someone mentioned Christmas decorations. Now, if my neighbor were to string Christmas lights in MY yard, would it still be so cut and dried? Wireless signals by their nature don't stop at property lines... my neighbors bombard me continuously with them. I use (and pay for) my own DSL connection, but I don't think I would be the prosecution's best friend on a jury if someone were being tried for such an offense.
If you set up your sprinkler and the water you pay for lands on my grass as well as your own, am I stealing?
You raise some great points.
I would think that if the free access issue was a big point for providers, then we would see routers that demand the end user to setup of security.
jadekitty24 said:
No one DESERVES to have their belongings stolen, be it a car or bandwidth. To say that is stupid. If your walking down the street and someone drives by and puts a bullet in your head, is it your fault because you were walking down the street? No, it's the fault of the ******* who shot you. And by the way, I'm sure anyone who is too freaking lazy to get a job and pay for what he/she uses didn't exactly "stumble across" a network. Just because it is there for the taking doesn't give you the right to take it.
Bad analogy. With "property" there are things to protect them from theft. Short of never leaving ones home, you can never be "secure" when walking the streets.
You miss the point that some leave their connections open, so that others can do quick visits to the web. How are we to know these people that believe in helping out with their excess bandwidth from those too stupid to protect their property?
unixfool said:
Using someone else's resources without their knowledge is and always will be considered theft. Talking around the issue won't change that. Many people using computer technology aren't as bright as some of you self-proclaimed geeks. There will always be the moms and pops that aren't technically inclined. If you're not familiar with technology, the docs included with WAPs are gonna look like japanese. I'm not excusing ignorance but those stealing bandwidth from others or trying to justify it might want to talk to their local law enforcement on the subject. I'm sure you'll get an earful if you present the same arguments in the same manner that alot of you have here.
From the routers I have set up in my time, they make it very clear about setting up security to protect your assets. So the ignorance excuse does not work. Again I will state that the law looks at things differently with hard property. I think most courts would be hard pressed with you placing an iMac on your lawn as to if I took it, whether you or I were wrong. The popular excuse of entrapment used against the police comes to mind.
GITANAJAVA said:
....so I can only assume from what I've read here no one's ever taken a shortcut across a neighbour's yard or field without first securing permission or an easement; you leave a pub promptly after discovering its owner hasn't paid copyright fees for the bands, the telly, the radio, or the jukebox; you'd never-ever accept a mixed CD from a friend without enquiring first about its provenance; and because your neighbour keeps his yard light on at night and it's bright enough to spare you turning on yours, you're ready with the cash to pay his electric rates.
Tsk, tsk.
So right you are. I find that the world is filled with holy rollers. Given that we just past Tax Day here in the US, how many added a few dollars to their donations? How many never do even 2mph over the speed limit? How many buy over the internet and never pay the "use tax" that many states require? Or how many go in to stores to touch and feel the merchandise; only with the intent on buying elsewhere at the cheapest price?
All of these are either cheating, or disobeying the law. I know that we will see some posts from those that need to be put up for sainthood. But sin is inherit in our nature. Adam and Eve showed our failings there. That is why Jesus died for for our sins.