Prosecuting WiFi Hackers


 

This article from the St. Petersburg Times talks about a man who was arrested for “hacking” into a wireless network in a residential area near Tampa Bay, and how it is increasingly becoming a problem nationwide.

The technology has made life easier for high-tech criminals because it provides near anonymity. Each online connection generates an Internet Protocol Address, a unique set of numbers that can be traced back to a house or business.

That’s still the case with Wi-Fi but if a criminal taps into a network, his actions would lead to the owner of that network. By the time authorities show up to investigate, the hacker would be gone.

It may require further research on my part, but I have always been sort of hazy on exactly what the laws are when it comes to “borrowing” WiFi. The main consensus that I have found is that if an access point is left un-secured, and there is no malicious intent (just checking your e-mail, not theirs), then there is usually no grounds for prosecution. On the other hand, I have yet to see a WiFi router that is not wide-open out of the box.


 

106 Responses to Prosecuting WiFi Hackers

  1. Joe says:

    I’ve been told in the past that using an open wireless network is legal, hacking in to it (force pushing etc.) is illegal.

    While being told something isn’t a reliable source of information all the time, it does make a lot of sense.

    First off, wireless network cards (airport in my case) tend to just jump on to a wireless network if it’s in the area.
    If that were illegal, it seems that a whole lot of companies would have law suites on their hands for creating illegal functions or some bull crap.

    Secondly there are lots of networks set up for the purpose of random users hopping on without having to register their information first (hotels are a good example of this). If getting on an open network were illegal, I would think that companies which set the networks up would be liable for entrapment or something (I’m a designer… not a lawyer).

  2. effinkid says:

    I think, honestly, that the use of an open network isn’t the real issue here, although it’s a contraversial issue even within my home, the real issue here is the wrongful use of an open connection aka “hacking” on someones open network. The thought of someone driving around with a wifi detector and stopping with their laptop as soon as they pick up a signal… and then proceeding to “hack” using MY tracable IP address, therefore making me the alleged criminal/hacker that commited fraud/sexual offenses ect. alone was enough to convince me to secure my wireless network asap.

    What do you honestly think would be done to a person who finds thier connection abused in such ways?

  3. Eby says:

    There was some hooplah back awhile ago on whether open WiFi was legal and who would be responsible for wrong doing. Here’s a couple articles that I could still find:

    http://www.securityfocus.com/columnists/237
    http://www.securitypipeline.com/policy_privacy/26100595

    I’m not sure if anything ever came of it. I think it ended up mostly being based on local law (certain state’s telecom laws) and precedent.

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