WiFi High Crimes

WiFi High Crimes
Mark Rasch, 2004-05-03

Before WiFi can entirely fulfill its promise, we'll have to confront an oppressive latticework of outdated criminal laws.

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Broadcasted information is not secret 2004-05-03
Anonymous (1 replies)

1. Ask any ham radio operator: anyone can intercept the signal. Your only safeguard is the SNR at the nearest place where the signal can be intercepted (ie. outside your door). If a user assumes otherwise - it's his own problem (because it is his responsibility to protect his own system).

2. Ther...

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Broadcasted information is not secret 2004-05-06
Anonymous (1 replies)

"Ask any ham radio operator: anyone can intercept the signal."

This is physically true, but not always legal. It's illegal, for example, to listen to the cellular band. Also, while it's legal to listen in on other bands, there are sometimes restrictions on what you're allowed to do with the inf...

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Broadcasted information is not secret 2004-05-08
Anonymous

"This is physically true, but not always legal. It's illegal, for example, to listen to the cellular band."
This varies greatly from country to country. In Poland for example it was legal to listen to the analog "Centertel" cellular phones in 450-470 MHz (this system has been obsoleted by GSM a few...

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WiFi High Crimes 2004-05-03
Anonymous (2 replies)

You state
"Fortunately, this provision also specifies that it doesn't apply if "the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $ 5,000 in any 1-year period."
But do not explore this exemption in your article. Ye...

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WiFi High Crimes 2004-05-04
Mark Rasch

There are two separate provisions. The "fraud" provision exempts the mere "use" of the computer or computer time, and therefore would not apply. Its intent was to limit the use of that provision to a scheme to defraud out of more than simply computer time, since ANY access would use computer time, ...

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Intercepting UnEncrypted Cordless Calls 2004-05-04
Mark Rasch (1 replies)

Congress amended the law years ago (18 USC 2511) to make it clear that intercepting unencrypted cordless calls (or, for that matter cell calls, wireless calls or even baby monitors) was illegal....

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Intercepting UnEncrypted Cordless Calls 2004-05-04
Anonymous (1 replies)

Mark,

Section 2511(g)(i) provides that:

It shall not be unlawful under this chapter or chapter 121 of this title for any person -
(i)to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is ...

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Intercepting UnEncrypted Cordless Calls 2004-05-09
Yvan Boily

Although I am not an American, and so the law does not directly apply to me, this is an important and developing issue in Canada as well.

"readily accessible to the general public" can be loosly interpeted. It is easy to say that the unencrypted transmission is available to the general public. ...

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WiFi High Crimes 2004-05-05
Yvan Boily

Above and beyond the deliberate use of unsecured wireless access, another can of worms is unintentional use and abuse.

An example scenario is a Windows XP notebook with wireless access card in the default configuration. This will automatically associate to any unsecured wireless network availabl...

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WiFi High Crimes 2004-05-05
Erik Costlow

I am currently a college student living in an apartment, and this is exactly how I get my internet connection. Someone nearby has a wireless router that sends me a signal.

By sending me a signal that my computer can access without user intervention, I am not only authorized, but invited. All I ha...

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WiFi High Crimes 2004-05-05
Anonymous

People seem to forget laws on the *state* level as well. In the PA, NJ, DE area (who have similiar laws), PA law CLEARLY states that just *accessing* a network which you do not have permission to access is illegal. In this case, accessing is syncing with the AP, diverting packets, etc....

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Pedantic. 2004-05-07
Anonymous

These arguments are pedantic. If there is no access policy, and the device is explicitly configured for sharing access, then there is no crime.

It's a stretch, maybe police would use it to harrass people, but to believe that this could stick in any court is ridiculous. ...

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how about wardriving? 2004-05-07
Anonymous (2 replies)

Suppose i do a bit of wardriving, using Kismet (or Netstumbler, for the Linux-challenged). The software is fully passive, that is, it does not try to establish a connection, it does not even send a single packet (always true for Kismet, may be untrue for Netstumbler), but it only passively detects a...

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how about wardriving? 2004-05-09
Yvan Boily (1 replies)

Just because you are passively collecting data does not mean you are innocent of accessing a system.

The legal definition and interpretation of access can vary, however, using a passive monitoring mode to capture identifying information about a network can constitute illegal access. People ass...

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how about wardriving? 2004-05-14
Jason Garced

Just a thought, as I'm sure we can go on and on with all the legal approaches to this subject, but what if one was to use a site like the previous anonymous post cited (www.worldwidewardrive.org) to see where open access points are in say New York where that state law Mark Rasch talked about is. If...

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Re: how about wardriving? 2007-11-25
Anonymous

i would think that could be considered espinasse or in todays society even terrorism. You might want to check out the DoD or Homeland Security sites and check into that one....

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Plain and simple 2004-05-15
_clf3_

Wardriving without dumping data or associating with networks discovered is legal. Most likely, watching the unencrypted packets fly buy in your Kismet, Wellenreiter etc is illegal just like dumping data....

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WiFi High Crimes 2005-11-27
Anonymous (1 replies)

If I drive around someone's house and he is shouting his creit card numbers (with expiration dates) in his living room. Am I committing crime just because I can hear it from the curb?
...

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Re: WiFi High Crimes 2007-11-25
Anonymous

i would say that its not illegal to know that information... but it is illegal to use that account information for your own use since the account is not in your name....Which brings up a a totally different type of question for me... If an illegal immigrant steals my social security number and uses ...

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WiFi High Crimes - DHCP is asking for authorization? 2006-06-07
Anonymous (1 replies)

The access point initiated access. It broadcast its SSID (beacon) on a regular basis. It is after all the ACCESS point, not me and my rig. It keeps shouting its name 'LINKSYS' 'LINKSYS', its attempting to communicate with me isn't it?

I reply, it says some stuff to me, but it keeps shouting LINK...

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Re: WiFi High Crimes - DHCP is asking for authorization? 2007-06-13
Anonymous

I should think that *not* insulting the author of the article would be a better route to obtaining his comment on your post. And I for one would like to hear the legal part of the story along with precedent etc....

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WiFi High Crimes 2007-11-25
eric horn

So, concerning this article. If it is illegal to share your internet service with others via a wireless device; Any coffee shop, lunch cafe, motels or even internet cafes that broadcast a wifi signal for their customers are committing a felony?...

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