Comment Is accessing an open Wi-Fi network a crime? (Score 5, Interesting) 1443
Caveat: This article is merely the results of my research, so please keep in mind that I am not a lawyer and am not qualified or licensed to disburse legal advice. Corrections to this information are welcomed and desired.
My research would indicate that accessing an open (that is unencrypted) 802.11b/802.11g wireless network is not a federal crime. However, individual states may have enacted their own laws.
According to Title 18 (Crimes and criminal procedure) of the United States Code, Part I (Crimes), Chapter 119 (Wire and electronic communications interception and interception of oral communications) from usdoj.gov:
2511. (2)(g) 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 readily accessible to the general public;
2510. Definitions
(16) "readily accessible to the general public" means, with respect to a radio communication, that such communication is not --(A) scrambled or encrypted
; (B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a radio transmission;
(D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or
(E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio; [Ed. FYI the unlicensed spectrum used by Wi-Fi is ruled by part 15.]
I do not believe that Title 18 (Crimes and criminal procedure) of the United States Code, Part I (Crimes), Chapter 47 (Fraud and false statements) Section 1030 (Fraud and related activity in connection with computers) from usdoj.gov applies:
1030. Fraud and related activity in connection with computers
(a) Whoever--
(1) having knowingly accessed a computer without authorization or exceeding authorized access [...]
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--
(C) information from any protected computer if the conduct involved an interstate or foreign communication;
Whether or not this would apply would depend on the definition of the term "protected computer". An open network by definition would not be considered "protected" since the very basic encryption options and other security options are not being used to protect it.
Simply accessing an open wireless network does not allow for fraud and related activity in connection with computers or other forms of "cybercrime" -- those activities remain illegal.
So I guess the question is, how are you supposed to know if the access point owner does not want you to use the signal where it is technically available? I would conclude that if your wireless network is unencrypted, it is your intention to allow public access to it.
And hey, if you're ever on the Bradley Road in Milford, Maine, my wireless network SSID is "Independence." Feel free to use it all you want. From my point of view an open wireless network is simple hospitality. If you're sucking up too much of my DSL bandwidth while I'm trying to do large uploads or downloads, I'll come outside and tell you to bugger off until I'm done.
If you're interested in more on this topic, try reading some of the following discussions:
