I didn't want to make this post, but many people are asking about the implication of stealing wireless internet. So here it is, a post on wireless theft. To a growing number of Internet piggy-backers, it's the sweet sound of pirating their neighbor's wireless network.

Everyone has wireless, as it is the latest trend in technology. But as the networks become stronger and more prevalent, more of those signals are available outside the home of the subscriber, spilling over into public areas. Add to this the ability to buy more powerful antennas that can pick up signals several hundred feet, even miles, away. The coverage in some places can be pretty near flawless.

One study by Jupiter Research said 14 percent of wireless network owners have accessed their neighbor's connection. In fact, most of my friends havn't paid for internet in about two years because of wireless. And as the practice of using someone else's connection without paying for it expands, it raises the question: Is there anything wrong with that?

Are there legal issues?

The legality of stealing your neighbor's connection is murky at best. All of this stuff is so new, it's hard to say what the liability issues are.

There is a federal law on the books that ostensibly prohibits using someone's access point with out their permission. But "without permission" is vaguely defined and the law seems more geared towards computer hacking.

It seems pretty clear that if you hack your neighbor's password then it could be reasonably argued you didn't have authorization.

But securing many older wireless systems with a password is difficult and even newer ones can be a challenge if you're running multiple computers or multiple operating systems. And, while it may be a violation of the user agreements with Internet service providers, some community-minded users deliberately leave their connections open for others to borrow.

"It's a gray area," said Paul Stamp, an analyst at the technology consultants Forester Research. "By not restricting access it could be argued that you're implicitly making that available."

"A broad statement concerning the access of unprotected wireless networks as being always legal or illegal simply can't be made," said Jackie Lesch, a spokeswoman for the Department of Justice. "It's just kind of dicey."

On a federal level, according to Lesch, prosecuting decisions are made on a case to case basis, mostly depending on the type of system accessed and what it was accessed for.

On the state level it could be more clear. "It's unlawful access", said John Geraty, an officer with the Internet crimes against children unit of the San Francisco Police Department.

According to Geraty, using your neighbor's wireless is specifically prohibited in the California penal code. "It's not yours and you're taking it," he says.

But Geraty said his department doesn't deal with that type of crime specifically and an officer at the department's fraud desk -- whose jurisdiction it would fall under -- said she couldn't recall anyone ever being arrested for it.

Experts do agree that the likelihood of getting caught and prosecuted for stealing a wireless connection probably depends on how often you do it and how you're using it.

"The damages are really the big issue," said Hale. "Are you just poking around, checking your e-mail, or are you doing it on a regular basis and affecting this person's bandwidth?"

Location also seems to play a part.

"If you're in a Manhattan building with 30 apartments that's one thing," said Julie Ask, research director at the technology consultants Jupiter Research. "But if you're the guy who parks your car in front of a suburban house in the middle of the night and you've got the screen from your laptop glowing, well..." speaking of a man who was arrested earlier this month in Florida for just that.

Getting Caught

Legal questions aside, reliability is another reason to pay for your own access. If you are a heavy user or need the Internet to work from home, relying on a connection that your neighbor could shut off at any moment is probably not a good idea.

There is also the possibility that someone could have set up the unsecured connection as a trap. Experts say it's possible for the network subscriber to gain at least partial access to your computer, read your e-mails and see the pages you visit if you are using their connection. Any personal information you send online could then be compromised.

So while pirating your neighbor's Wi-Fi it may seem like a good way to siphon a free service, you may end up feeling pretty stupid if you get a summons for sneaking a peek at the latest sports scores or your favorite Web sites are the topic of conversation at the neighborhood Christmas party.


Man caught stealing wireless internet

Police have charged a Florida man with a third-degree felony charge, after he was arrested for accessing a St. Petersburg resident's wireless Internet network without permission.

According to the police, Benjamin Smith III was seen by Richard Dinon outside Dinon's home on the night of April 20, 2005, sitting in a parked SUV and using a laptop computer. When Dinon went outside to deposit his trash, Smith quickly closed the laptop and tried to hide it.

Dinon also stated that he later observed foreign icons on his home computer screen, and suspected that Smith, 41, may have been using his network. He called police and an officer confronted Smith at 11:30 p.m., two hours after the initial sighting.

"The arresting officer wasn't initially sure a violation took place," said George Kajtsa of the St. Petersburg Police Department. "He consulted our legal staff and they looked up the relevant statute."

The charge, unauthorized access to a computer network, applies to all varieties of computer network breaches, and gives prosecutors considerable leeway depending on the severity. It carries a potential sentence ranging from probation to 5 years in prison.

Smith faced his pretrial hearing on Monday, July 11.

"The sentence we'll seek depends on whether he was accessing the Internet for basic personal use, or using it for pecuniary gain -- like identity theft -- or other illicit reasons," said Fred Schaub of Florida's State Attorney's office.

Smith's motives in using the network are unclear, but the laptop was confiscated from him at the time of arrest and will be analyzed by the Florida Department of Law Enforcement (FDLE). Bob Breeden of the Computer Crime Center at FDLE said it was only the third case of unauthorized wireless access in Florida.

Wireless networks are becoming more prevalent with the spread of broadband Internet access, and many consumers are not aware of how to configure their networks to avoid unauthorized access.

"Law enforcement is behind the curve in confronting computer crime," said Breeden. "Wireless networks are only just starting to be recognized."

He said that Florida had launched extensive measures to educate consumers about risks associated with new technologies, including an informational Web site and a free 8-hour program available across the state.

"More and more people are buying wireless routers and not educating themselves about the consequences," he said. "People are very haphazard about security, and the stakes are high."

New Legal Responce

A new idea on preventing wireless theft is to make it illegal to have insecure wireless. News.com is carrying a story for a draft proposal for law in Westchester County in New York state that would outlaw unsecured wi-fi connections. Public internet access would require a network gateway server with a firewall and also require home/business office users to install firewalls to protect personal info, even if their connection is encrypted. Violations would carry fines of $250-$500. This is sort of like making it illegal not to have driver insurance, so all in all it makes sense.