Using open Wi-Fi spots now a 3rd degree felony...?

Images-99 Felony for weezing the Wi-Fi? In a way, Dinon was fortunate the man outside his home stuck around since it remains a challenge to catch people in the act. Smith, who police said admitted to using Dinon's Wi-Fi, has been charged with unauthorized access to a computer network, a third-degree felony. A pretrial hearing is set for July 11. It remains unclear what Smith was using the Wi-Fi for, to surf, play online video games, send e-mail to his grandmother, or something more nefarious. Prosecutors declined to comment, and Smith could not be reached. [via] Link.

Recent Entries

Comments

Oldest comments listed first.

Posted by: wwward on July 5, 2005 at 7:32 AM

Fellow Make readers,

I realize this article is the sort of sensationalist rehetoric that defines technology in America today. As usual, the engineers offer people a new enabling tool and society and dog all run around and attempt to club one another over the head with this new tool.

However, you will recall a nasty event that came to pass back in 1993 when the FCC stopped approving radio devices that were capable of monitoring cellular telephone frequencies in an attempt to plug a technology weakness. This legislation attempt, like so many that have come after it to solve technology problems with law, has essentially curtailed engineers' abilities in the pursuit of protecting the ignorance of the public (and perhaps protecting the government from the public.)

It is not outside the realm of possibility that the use of WiFi as a public enabler will become significant encumbered as a result of this type of legal interpretation. Consequently, we should roll this type of discussion into our overall influence on laws pertaining to computer access. While we struggle to protect our servers from malicious activity, we should also take the time to ensure we're not putting shackles on other goals.

From a letter I sent to the Alex Leary, the journalist who posted the original article:
---

Mr. Leary:

I'm writing in regard to your article published July 4th regarding Wi-Fi.

Can you keep an eye on the progress of this case? I would be
interested to see whether Dinon is acquitted on the grounds that
authorization is implied by virtue of the access point being
configured as open or if he is found guilty.

Authorization is difficult to assess as there are services that offer
open Internet service, such as coffee shops looking to increase
business, where the only determination of authorization is by the
presence of signs on the wall. One can then, correctly, assume that
all access points that are not protected by some form of encryption or
password are offered freely by the owner.

I myself offer an open access point to the neighborhood. I do assume
a level of risk by doing so, but conversely I enable a level of public
enjoyment around the block. ISPs such as Speakeasy.net endorse this.

While this is a grey area of social consciousness, it is exactly the
sort of dialog that would benefit the public good. Do we want to
build networks that enable citizens or do we want to build jungles
full of potential jail time?

Who has the burden of determining whether that radio signal is
intentionally or unintentionally shared?

Sincerely,
Bill Ward


Posted by: wwward on July 5, 2005 at 7:34 AM

Apologies for the complete lack of formatting, previewing and proofing.
...back to work...
Bill


Leave a comment


Subscribe to MAKE!Subscribe to MAKE Magazine!

Subscribe today, save 42% and get web access to MAKE free. MAKE Digital Edition is available only to subscribers.

$34.95 / 1 year
(4 Quarterly Issues)

Subscribe now


Void your warranty, violate a user agreement, fry a circuit, blow a fuse, poke an eye out. Make: The risk-takers, the doers, the makers of things... Welcome to Make: Online!


CRAFT Maker Shed Maker Faire MAKE television
MAKE: en EspaƱol MAKE: Japan


Check out all of the episodes of Make: television

Make: Science Room

Connect with MAKE

Be a MAKE fan on Facebook MAKE on Facebook
Visit our Facebook page and become a fan of MAKE!
MAKE on Twitter MAKE on Twitter
Follow our MAKE tweets!
MAKE Flickr Pool MAKE on Flickr
Join our MAKE Flickr Pool!
    make_tips on Twitter

    MAKE's RSS feed is here.
    Add MAKE to iGoogle - GoogleGoogle.
    How to add MAKE to your RSS reader - Real simple.
    Add MAKE on FriendFeed




    Maker SHED

    Advertise here with FM.

    Why advertise on MAKE?
    Read what folks are saying about us!

    Click here to advertise on MAKE!



    Subscribe to MAKE Magazine!

    Make: Online authors!

    Gareth BranwynGareth Branwyn
    Senior Editor


    Phillip TorronePhillip Torrone
    Senior Editor
    | AIM | Twitter


    Becky SternBecky Stern
    Associate Editor
    | AIM | Twitter


    Marc de VinckMarc de Vinck
    Contributing Writer
    | AIM | Twitter


    John ParkJohn Park
    Contributing Writer
    | Twitter


    Sean RaganSean Ragan
    Contributing Writer
    | Twitter


    Matt MetsMatt Mets
    Contributing Writer
    | AIM | Twitter


    Dale DoughertyDale Dougherty
    Editor & Publisher
    | Twitter


    Shawn ConnallyShawn Connally
    Managing Editor
    | Twitter


    Goli MohammadiGoli Mohammadi
    Associate Managing Editor

    Kip KayKip Kay
    Weekend Projects
    | AIM | Twitter


    Collin CunninghamCollin Cunningham
    Contributing Writer
    | AIM | Twitter

    Adam FlahertyAdam Flaherty
    Contributing Writer
    | AIM | Twitter



    More contributors: Mark Frauenfelder (Editor-in-Chief, MAKE magazine), Kipp Bradford (Technical Consultant/Writer), Chris Connors (Education), Diana Eng (Guest Author), Peter Horvath (Intern), Brian Jepson (O'Reilly Media), Robert Bruce Thompson (Science Room)

    Suggest a Site!

    Current Podcast

    itunesdl.gif Weekend Project: Making Char Cloth Learn how to make a cheap and effective fire starter made from an old t-shirt. To download The Char Cloth video click here and subscribe in iTunes. See Char Cloth in action with the Fire Piston from William Gurstelle.... More...

    Get the Make: Online sent via email
    Enter your email to receive Make: Online each day:



    MAKE Fascination video series brought to you by Dow

    Make: Education

    Important please read


    Subscribe to MAKE Magazine!

    Recent Posts from the Craft: Blog