Re:Pretty open and shut (Score 1)

You should not break into a network because you can, absolutely. On the other hand, I do not believe that mooching off open wireless connections counts as "breaking in" to a network. If a person leaves their door unlocked, that doesn't mean that just anybody can walk right in. On the other hand, if they leave their door unlocked AND have a sign on the front yard that says something along the lines of "OPEN HOUSE-WALK RIGHT IN" or "HOSPITALITY CENTER-STEP RIGHT IN" or something of that nature, you can't accuse a person of trespassing. If the people who come in start breaking into locked bedrooms or stealing things or start smoking dope or otherwise do illegal acts inside the home, then yes, you can arrest them. Similarly, if there is an open network, no hacking of password requires, no guessing at wireless network names, this is an open house with a big sign out front that says come on in. If people come in and start doing illegal acts, like downloading music or kiddie porn or whatnot, then arrest them for that, just like you would the dope fiends or the thiefs in the house example. But merely accessing the free network shouldn't be a crime. You yourself note that Windows automatically links to open networks. One rule of thumb is the mother test. If my mother could be found guilty of hacking, then the law is too broad. She still calls me periodically to ask how to save documents, since she hasn't quite gotten the concept that if she can do it one program, it's the same process for another. Under Zerbey's definition of hacking, my mother could be a hacker. That's just not right. In virtual life, just like real life, if you want to punish someone for stepping on your lawn, it is your duty to first post a sign that says keep off the grass. If you do not take basic steps to show that you do not want someone accessing your openly broadcasted network, you have no right to a legal remedy.