Is it legal to hijack a wireless network

Suppose my laptop auto-connects to some wireless network and I don't know who it is. Is it legal for me to use this? (I know laws may vary, but I mean in the USA generally). Apparently there are many people who buy linksys routers, and then do not make them secure, so anyone within range can just use it.

In a way, it seems like I am tresspassing. But I've heard rumor that the FCC says anyone emitting radiation on certain public frequencies is responsible for the consequences of doing so.

If the owner of the router attempts to make it secure, it is tresspassing if I attempt to crack it?

Just curious. I don't want to be an accidental criminal.

jh

Reply to
John Henckel
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Aside from specific laws regarding wireless networks, you should look into the general laws regarding privacy of conversations 'overheard' on CB and short wave radio.

Reply to
Stuart Miller

I think that's in terms of interferance ie if you fit an ileagal antena or use an amp with to much power its you that gets sued.

Yes and with out encryption probaly Yes (an you could proabley get done for stealing electricity any how)

Um CB isnt encrypted nor does it require authentication and authorisation

I would imagine that an acidental connection to an AP wouldn't be prosecuted but there have been a number of convictions for wireless hacking.

Reply to
developers

If you have to ask this question you already know the answer.

It would seem obvious that if someone took the time to secure the network that they were less-than-interested in letting just anyone use it. They put a lock on it and you want to know if it's legal to pick it? Theft of computing services is a crime. Now, whether this applies to an open network is a matter of debate. But for a secured net, it would seem obvious.

Reply to
Bill Kearney

That's certainly a valid question with answers (opinions) from both ends - some say that ANY form or use of someone else's wireless network is illegal and others debate the intent and degree of willful and knowledgeable intrusion.

Its clearly a case where technology has outpaced a several hundred year law

- "trespass of chattels". Traditionally "intent" did not matter, but over the past years you see more convictions worded with "with intent to...".

Obviously there are several levels of intrusion that show how far the intent is. Inadvertently having a Windows computer connect to the nearest access point that has the default SSID similar to your access point with no password or encryption versus willfully and knowingly breaking into a protected network and causing damage are two different things.

Attempting to intentionally crack the code is NOT an accidental activity.

Reply to
decaturtxcowboy

So what we're saying is that there is no law specifically about wireless networks?

It's a little like watching TV through the neighbor's window, or listening to his stereo. But a wireless router is two-way. Maybe it's like if my neighbor's cat comes to my house and I feed it and play with it. Maybe that would be trespassing on his cat?

jh

Reply to
John Henckel

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The recent arrest of a Florida man on charges of unauthorized use of a wireless network could set legal ground rules for open Wi-Fi access.

A man sitting in a Chevy Blazer in a residential neighborhood reportedly was poking around nearby wireless networks in violation of computer crime laws, according to local police.

This appears to be the first arrest in which the sole offense was allegedly accessing a wireless network without prior authorization, and it's already being viewed as a probable test case. CNET News.com interviewed legal scholars to ask what rules apply to Wi-Fi (also called 802.1x) hot spots.

Reply to
rieker

well computer hacking is ilegal and an AP is a sepcialised computer so a reasonable person would assume that the same laws applied.

The case where no security applies is an interesting one but as buglary is still burglary eaven if a door is left un locked its still a crime.

Trying to argue your way out of a hacking offence with that sort of argument is what It security guys and lawyers call "Cheeky"

And again you are using the other persons electricity.

:-) i belive at one time in the UK Humans where responsible for what a dog did but not for cats

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Reply to
developers

John Henckel hath wroth:

  1. Most states have laws prohibiting the use of another persons or companies computer networks. Here's a list:

Wireless is considered the means, not the end. Therefore it's what you do once connected that's important, not how you get there. I suspect accidental connection is a suitable defense as long as you don't give yourself a tour of the victims network or "use" their LAN for your purposes.

  1. I don't care if it's legal or not. The question is really "is it right"? If it were *YOUR* network, and every passing Wi-Fi client tries to connect, I'm sure you would not enjoy the inevitable results when some adventurous person finally decides to actually do something with their accidental connection. It's like leaving your front door unlocked and then claiming that someone "broke in". Yeah, it's still burglary whether the door was locked or open, but you'll have some difficulties getting the sympathy of the court if you made no efforts to secure your property.
  2. The common thief tries to turn themselves into a victim with "I didn't steal it, they gave it to me". The common wi-fi hacker says "I didn't break in, I accidentally connected". Same thing to me.
  3. Search this newsgroup for my comments on "Secure by Default".

I have some nasty comments on the responsibility (and liability) of the router manufacturers in their idiocy of shipping wireless routers that are wide open by default.

Reply to
Jeff Liebermann

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