[MLB-WIRELESS] Legal question

[Dan Flett]

Whilst ignorance is no defence, I'd say Microsoft's Zero Wireless
Configuration would be contributing to a lot of newbies infringing the
law and not even knowing it. 

Suppose I'm a wireless newbie and I've just bought one of those u-beaut
wireless routers and a wireless card.  I take it out of the box, set it
up with default settings and away I go.  I don't know what an SSID is,
all I know is I am surfing the net wirelessly.  Little do I know my next
door neighbour has just gone and bought the exact same package deal and
set his wireless router and card up the same way.  I have no idea, but
50% of the time I am connecting to his router, and using his net
connection.  Technically, I am breaking the law.

I say the increasing user-friendliness of GUI OSes is a good thing - it
allows more and more people to be able to use the power of computers and
networked resources such as the Internet.  But clearly the designers of
these systems didn't think about people accidentally stumbling on each
other's net connections when they made it as easy as possible to connect
to one's own net connection.  So now we have a situation where people
can technically break the law with great ease without even realising it.
It remains to be seen whether or not people take each other to court
over it.  

As has been said, courts take such factors as the intent of the
"trespasser" into account.  That's why it's a grey area.  According to
the letter of the law you may be doing something illegal.  But if you
didn't know that you were stealing someone else's net bandwidth, and had
no intention of doing so, you might be - and probably will be in the
clear.  Words like "might" and "probably" are not black and white - they
are grey.

Some have compared a wireless router that has wide-open default security
settings to a house with all it's doors and windows open.  It is still
illegal to walk into that house, sit down on the couch and watch TV for
a while.  It is "reasonable" to accept that every adult should know that
this is illegal.  I would argue that it is not "reasonable" for every
adult to be aware that they could accidentally connect their computer to
someone else's net connection.  Not everyone in our society is as
tech-savvy as us here on the list, and they shouldn't need to be to
operate a computer or even use basic wireless networking.

Is using a computer with a wireless card like using a car?  Do you need
a certain level of competency before you start connecting to wireless
networks?  Some interesting issues arise...

With all that in mind, and keeping in mind that without express
permission it is technically illegal to gain access to, and use the
resources of a network, I'd say it's up to the user to exercise his or
her common sense and judgement when connecting to an AP.  When it comes
to wireless access, the law is untested - but do you want to be the one
to test that law?  Court cases, and test cases especially can be long,
drawn-out and expensive.  If you feel there is a principle that must be
fought for, then please - go out and connect to all the APs you can find
and use their net connections!  Just make sure you keep us here on the
list up to date with your legal adventures. :)

Dan

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