Another case of the person in authority not knowing what they are talking about when it relates to technology.
Here is an email I wrote to the reporter that wrote this story and forwarded to the chief of police.
To: policechief@spartami.org
Subject: Fwd: Wireless Felony
---------- Forwarded message ----------
From: Justin Chapman
Date: May 23, 2007 10:02 PM
Subject: Re: Wireless Felony
To: target8consumer@woodtv.com
It's a shame that this case didn't go to trial. I doubt that it would have
made it past a grand jury. Obviously, there was no crime that took place. He
did not break in to anything. Chances are he had atleast once stopped into
the coffee shop. The owner of the coffee shop did not want to press charges.
The access point was intentionally left open with no authentication
mechanism. Did the accused have any criminal intent?
From Michigan State Code....
(6) It is a rebuttable presumption in a prosecution for a violation of
section 5 that the person did not have authorization from the owner, system
operator, or other person who has authority from the owner or system
operator to grant permission to access the computer program, computer,
computer system, or computer network or has exceeded authorization unless 1
or more of the following circumstances existed at the time of access:
(a) Written or oral permission was granted by the owner, system operator, or
other person who has authority from the owner or system operator to grant
permission of the accessed computer program, computer, computer system, or
computer network.
(b) The accessed computer program, computer, computer system, or computer
network had a pre-programmed access procedure that would display a bulletin,
command, or other message before access was achieved that a reasonable
person would believe identified the computer program, computer, computer
system, or computer network as within the public domain.
(c) Access was achieved without the use of a set of instructions, code, or
computer program that bypasses, defrauds, or otherwise circumvents the
pre-programmed access procedure for the computer program, computer, computer
system, or computer network.
Obviously, the access was open and he was assigned an IP address and default
gateway and DNS information automatically by the access point. So the
argument could be made that the store owner was potentially giving
unauthorized access to his computer to others connected to this access
point. The access point transmits it's SSID and often people have their
computers set to connect open access points that broadcast their beacon. So
i don't see that if this is actually a crime that entrapment did not take
place. I think that your story vastly misrepresented the facts of what
happened and was uninformed.
Sincerely,
Justin R. Chapman