mikeymike Posted March 5, 2009 Posted March 5, 2009 is it illegal to use someone elses wireless connection if they have not put a password on it??
DrummerBoy Posted March 5, 2009 Posted March 5, 2009 Interesting question. Analogue in the real world would be is it legal to enter someone's home if they leave the door unlocked?
Geoff Posted March 5, 2009 Posted March 5, 2009 isnt it theft of telecommunication services? Only if you use it!
localzuk Posted March 5, 2009 Posted March 5, 2009 Yes it is. Under the Communications Act 2003. http://management.silicon.com/government/0,39024677,39150672,00.htm
garethEds Posted March 5, 2009 Posted March 5, 2009 Only if you use it! How many are going to admit to doing this here? GJE
TwoZeroAlpha Posted March 5, 2009 Posted March 5, 2009 I believe the onus is on the provider (AP owner) to secure the device. Your card could be configured to connect to an OpenAP where available, and does so without asking you, so not really your fault. In a reasonable case, if you caught someone outside your house with a laptop and found a rogue MAC on your network you could ask them to stop, but then again why isn't it encrypted. If you found someone cracking WEP keys to gain access that would be an offense (although i can't remember what exactly)
mikeymike Posted March 5, 2009 Author Posted March 5, 2009 only asking as one of our residential pupils has said he has been using neighbours network and i was asked. I thought it would only be illegal if it did have a password on it and then you hacked into it??
Disaster Posted March 5, 2009 Posted March 5, 2009 didn't some fella about a year or so ago, get a police caution for sitting outside someones house and using their unsecured wireless?
tonyd Posted March 5, 2009 Posted March 5, 2009 So, by the same line of logic, it must also be illegal to sit outside a house when it's dark and read by the lights from inside, since they'd not thought to protect their resouces by closing the flaming curtains!
HarryMonkey Posted March 5, 2009 Posted March 5, 2009 I believe the onus is on the provider (AP owner) to secure the device. Your card could be configured to connect to an OpenAP where available, and does so without asking you, so not really your fault. In a reasonable case, if you caught someone outside your house with a laptop and found a rogue MAC on your network you could ask them to stop, but then again why isn't it encrypted. If you found someone cracking WEP keys to gain access that would be an offense (although i can't remember what exactly) That's as maybe, however, just because something isn't secured, doesn't mean that someone can legally walk off with it.
localzuk Posted March 5, 2009 Posted March 5, 2009 didn't some fella about a year or so ago, get a police caution for sitting outside someones house and using their unsecured wireless? The article I posted points out a guy was found guilty doing it... £500 fine.
HarryMonkey Posted March 5, 2009 Posted March 5, 2009 So, by the same line of logic, it must also be illegal to sit outside a house when it's dark and read by the lights from inside, since they'd not thought to protect their resouces by closing the flaming curtains! So by the same logic, if I have a ton of sand delivered onto my drive, it is quite legal and morally fine for someone to help themselves to it simply because I haven't made it secure. Your analogy of light doesn't really hold true, any light escaping from my window that you use to read by, stood outside is not being deducted from the monthly electricity allowance that I pay for, however, you using my wireless bandwidth is contributing to any download and usage limits that I have.
mikeymike Posted March 5, 2009 Author Posted March 5, 2009 just got this info if its genuine?? It's not illegal to use someone else's wireless network to access the internet. The Federal Communications Commission (FCC) sets the rules for use of wireless spectrum in the U.S. The radio frequencies used for 802.11a/b/g systems are not regulated - licensed to specific users. As long as the equipment used to operate on these frquencies meets FCC guidelines, anyone is free to access any system. It is up to the operator of the system to restrict users.
HarryMonkey Posted March 5, 2009 Posted March 5, 2009 just got this info if its genuine?? It's not illegal to use someone else's wireless network to access the internet. The Federal Communications Commission (FCC) sets the rules for use of wireless spectrum in the U.S. The radio frequencies used for 802.11a/b/g systems are not regulated - licensed to specific users. As long as the equipment used to operate on these frquencies meets FCC guidelines, anyone is free to access any system. It is up to the operator of the system to restrict users. The clues are all there!
AngryTechnician Posted March 5, 2009 Posted March 5, 2009 That reasoning is also fundamentally flawed in that it assumes that there are no specific laws that augment the FCC regulations. It's like saying that the road is public property, so anyone can drive a car on it regardless of whether they have a licence or not.
powdarrmonkey Posted March 5, 2009 Posted March 5, 2009 IANAL, but the spectrum rules as I always interpreted them were about who can broadcast on what frequencies at what powers. Accessing systems comes under the Computer Misuse Act and it's successor, and connection is illegal.
Guest salan Posted March 5, 2009 Posted March 5, 2009 Interesting thing about this post is that my boss has had a letter from BT about getting people to open their home hub up to everyone ie open access!!! So idea being that their will be free access everywhere! Now how does that sit with the law as it is?
TechMonkey Posted March 5, 2009 Posted March 5, 2009 (edited) Last I heard, connection wasn't illegal. Anything beyond that is a very heavy shade of grey & could be found to be illegal based on numerous acts (but no american ones!). Connection isn't illegal as it can be an automatic thing and the AP will be broadcasting openly to make this happen. If you then choose to carry out an action once connected you have made the decision and have then physically carried out the process to 'trespass' on to someones system. That is then what starts infringing on the CMA. @ salan: That is a different matter, that is allowing people free access, in the house analogy it would be like having an open house. Generally it is assumed people aren't granting free access, hence the problem Edited March 5, 2009 by TechMonkey
localzuk Posted March 5, 2009 Posted March 5, 2009 Interesting thing about this post is that my boss has had a letter from BT about getting people to open their home hub up to everyone ie open access!!! So idea being that their will be free access everywhere! Now how does that sit with the law as it is? The BT HomeHub can be used as Fon access point. You end up with 2 wireless networks, the open 'public' one and the normal one. The normal one is closed and takes priority.
powdarrmonkey Posted March 5, 2009 Posted March 5, 2009 Interesting thing about this post is that my boss has had a letter from BT about getting people to open their home hub up to everyone ie open access!!! So idea being that their will be free access everywhere! Now how does that sit with the law as it is? If that's the fon programme, you've got a garbled version of it. It goes like this: - you allow the homehub to have a second SSID with no key that is totally segregated from your own network, but uses the line as a gateway - other BT and fon subscribers get an allowance in minutes and can buy some more to be used on other subscriber's fon gateways - your home traffic always gets priority, but while out and about you can still get on the net as part of your subscription
Guest salan Posted March 5, 2009 Posted March 5, 2009 @ salan: That is a different matter, that is allowing people free access, in the house analogy it would be like having an open house. Generally it is assumed people aren't granting free access, hence the problem But if I am wondering around with my internet device, how would I know wether the AP was open because of 'lack of security' or open because it was meant to be? As Bt open access etc?
localzuk Posted March 5, 2009 Posted March 5, 2009 But if I am wondering around with my internet device, how would I know wether the AP was open because of 'lack of security' or open because it was meant to be? As Bt open access etc? The Fon system still requires you to sign in and be a member.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now