Is using open Wi-Fi against the law?

Post ImageYou might have heard in the news recently that “wardriving”, or using someone’s open wireless connection from your car, is once again a hot topic. It seems that a man in Florida was arrested for “hacking” into an open network connection from his vehicle. Here’s what the folks an Engadget had to say:

If stories like this one result in more users setting up WEP (and, yes, we know it’s not very secure, but it’ll block “casual” intruders) on their machines, fine. If, however, every time we open a laptop in a public place (some of which, like New York’s City Hall Park, have public WiFi access), we’re tagged as a potential criminal, something truly valuable will have been lost.

I completely agree! The problem is that the law under which the man was charged was written before anyone had considered wireless network connections. Here’s what CNET found out about the topic:

Is it legal to use someone’s Wi-Fi connection to browse the Web if they haven’t put a password on it?
Nobody really knows. “It’s a totally open question in the law,” says Neal Katyal, a professor of criminal law at Georgetown University. “There are arguments on both sides.”

The law in question, of course, is in the United States. I am not sure if Canada has something similar, though I would be willing to bet that we do. I certainly hope the matter is resolved soon, because in two years I think it will be commonplace to have entire cities covered in wireless access – assuming that WiMax equipment is manufactured sometime in the near future.

Read: Wi-Fi Alliance

2 thoughts on “Is using open Wi-Fi against the law?

  1. if you’re too lazy (like I was) to set up a WEP key, then it’s your own fault really….

    until you set up a password to it, it’s just free airwaves IMO

  2. Now I don’t know anything about wireless, but why wouldn’t it be illegal whether someone has a password on it or not?? I might be misunderstand here (which I probably am), but isn’t it like if I leave my house and choose not to lock the door or even close it. Just because I choose not to close the door or lock it, it doesn’t mean I am welcoming ppl to come into my house. It’s still illegal for you to enter my house whether the door is closed or not.

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