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

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Posted via a free Usenet account from http://www.teranews.com

"John Henckel" <john.NoSP@M.formulus.com> wrote in message
news:4599da1d$0$4820$88260bb3@free.teranews.com...
> 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
>
> --
> Posted via a free Usenet account from http://www.teranews.com

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.

Stuart Miller wrote:
> "John Henckel" <john.NoSP@M.formulus.com> wrote in message
> news:4599da1d$0$4820$88260bb3@free.teranews.com...
> > 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.

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.

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

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

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

> 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.

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.

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

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.

John Henckel wrote:
> 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.

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.

> 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.

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

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

--
Posted via a free Usenet account from http://www.teranews.com

http://news.com.com/FAQ+Wi-Fi+moochi...3-5778822.html

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.

>snip<

You can read it for yourself, but the important part (check out paragraph
(a)(2)) covers anyone who "intentionally accesses a computer without
authorization or exceeds authorized access." Nobody knows exactly what that
means in terms of wireless connections. The law was written in 1986 to
punish computer hacking--and nobody contemplated 802.1x wireless links back
then.

What do prosecutors think?
We asked the U.S. Justice Department on Thursday. A department
representative who did not want to be quoted by name said, essentially, that
it depends on the details of each case.

The representative said in an e-mail exchange: "Whether access is considered
authorized can be determined in part by the precise circumstances of access,
just as it would be in the physical world. The prosecutor and jury would
look at how the access was accomplished and what was done with the access
before definitively determining that it was unauthorized." In other words,
the representative said, someone sitting in a company's parking lot at 3
a.m. for the sole purpose of network connectivity might be viewed as a
lawbreaker.

John Henckel wrote:
> So what we're saying is that there is no law specifically about wireless
> networks?

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.

> 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?
>

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

http://www.llrx.com/features/catlaw.htm

John Henckel <john.NoSP@M.formulus.com> hath wroth:

>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).

1. Most states have laws prohibiting the use of another persons or
companies computer networks. Here's a list:
<http://www.ncsl.org/programs/lis/CIP/hacklaw.htm>
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.

2. 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.

3. 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.

4. Search this newsgroup for my comments on "Secure by Default".
<http://groups.google.com/groups?as_epq=secure+by+default&as_ugroup=alt.inte rnet.wireless&as_uauthors=Jeff+Liebermann>
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.

--
Jeff Liebermann jeffl@comix.santa-cruz.ca.us
150 Felker St #D http://www.LearnByDestroying.com
Santa Cruz CA 95060 http://802.11junk.com
Skype: JeffLiebermann AE6KS 831-336-2558