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MD Bill Would Criminalize Theft of Wireless Access

Posted by kdawson on Thu Mar 20, 2008 01:05 PM
from the blinking-zeros dept.
Pickens writes "A bill presented by Delegate LeRoy E. Myers Jr. to the Maryland House of Delegates would criminalize purposely surfing the Internet on someone else's wireless connection. The bill would make intentional unauthorized access to another person's computer, network, database, or software a misdemeanor with a penalty up to three years imprisonment and a fine of up to $1,000. The Maryland public defender's office has submitted written testimony opposing the specific ban and penalty suggested in Myers' bill. Noting that wireless connections are becoming common in neighborhoods, the written testimony says: 'A more effective way to prevent unauthorized access would be for owners to secure their wireless networks with assistance where necessary from Internet service providers or vendors.'"
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  • by BorgCopyeditor (590345) on Thursday March 20 2008, @01:08PM (#22809124)
    You say "no," but your router says "yes."
    • by Richard_at_work (517087) <richardprice@ g m a i l.com> on Thursday March 20 2008, @01:23PM (#22809376)
      You say "no", but your window says "yes" - please, do mankind a favour and shut your curtains next time you undress!
    • by drooling-dog (189103) on Thursday March 20 2008, @02:16PM (#22810204)

      You say "no," but your router says "yes."
      You were modded "funny", but that's quite literally what is taking place. Nobody's "stealing" anything; your router is being asked for permission, and it's not only granting it, it's assisting by providing an IP address for you to use and telling you where you might find a good DNS server or two.

      Now the owner of that router might say, "But I didn't know it was doing that on my behalf!" I suppose it's a little like coming home to find that your kid has been inviting people into your house who you'd rather not have there. But that's an issue to be settled between you and your errant kid, isn't it? Law enforcement generally isn't interested.

      Since there is no groundswell of outrage from people who are providing bandwidth to their neighbors - unwittingly or not - you have to assume that the "victims" here are the ISPs: Comcast, Time-Warner and the like. That guy who checks his email or the weather using "free" wireless is, in their eyes, $50 a month in lost revenue. Not that they could possibly influence legislators in a state like Maryland, of course...
      • Thank you. No, really. The more people who hear this and who actually understand it the better.

        I will never, EVER understand how the following counts as "stealing wireless access":

        1) I broadcast my SSID. (Here's a wireless connection world! LOOK OVER HERE FOR IT!!!)
        2) User asks, "Can I connect?" (IP address requested.)
        3) I say, "Sure you can connect." (IP address loaned.)
        4) YOU STEAL MY WIRELESS!!!!!!!

        Ok, I guess I should do it as a car analogy:

        1) I put out a sign, "I will let you borrow my car."
        2) You ask, "Can I borrow your car?"
        3) I say, "Yes, and here are the keys."
        4) YOU STOLE MY CAR!!!!!

        There is no difference. If you think there is a difference, you are either stupid or ignorant, or trying to apologize for someone else who is either stupid or ignorant.

        If someone hacked into my wireless and used it, that's a crime. If someone stole my car, that's a crime. If someone asked to borrow my wireless and I let them, or my car and I let them, that's not a crime. If I'm either so socially ignorant or technically ignorant that I don't understand what I'm doing, then I need to suck it up when people do what I am INVITING them to do. And the rest of society should backhand me for complaining about it.
      • by Lumpy (12016) on Thursday March 20 2008, @04:18PM (#22812038) Homepage
        Exactly. we have that kind of law here in Michigan. we recently had a man arrested for it and charged with a FELONY over checking his email OUTSIDE a coffee shop.

        This man's life is now ruined because of an asshole cop in Sparta, Michigan is so much of a useless jerk he pushed the issue hard. The mans was sitting in his car in front of a coffee shop wher ethe sign in the window said "FREE WIFI" the state court ruled he ony is allowed to get the free WIFI if he went inside.

        Anyone that does not fight this kind of law tooth and nail, and then does not try to burn the asshat that introduced it on a stake in the front of the capitol building deserved everything they get. The law is only there to protect cable, telco, and cellular company profits. it has no other use.

        Honestly the politicians at the local, state, and federal level need to be scared to hell of the populace. Because only then will they do the right thing instead of bending over and passing laws for the companies that pay them to do so.

        • by Wingnut64 (446382) on Thursday March 20 2008, @02:41PM (#22810622)

          The router is not sentient. It has no ability to judge, and despite the fact that it may invite some people in does not mean it is entitled to do so or that they are entitled to enter.
          People are responsible for the consequences of machinery they operate. If you operate a router that is configured to provide access to anyone who asks, you have already given your consent to the requester. It doesn't matter if you are ignorant of this, could you imagine successfully arguing that you should not be held liable for damage you did with a bulldozer because you never bothered to read it's manual and just assumed it would work?
              • Re:Or maybe... (Score:4, Interesting)

                by toriver (11308) on Thursday March 20 2008, @06:14PM (#22813288)

                Good luck, you have to have defaults for setup purposes or a hardware reset.

                Nah, just mandate that configuration is done through Ethernet or serial connection.

                My Phillips wireless router came default with the wireless functionality switched off. That is also a good solution: You have to access the router to enable it, and the wizards you go through can advise you to turn on security.
          • by tsm_sf (545316) on Thursday March 20 2008, @03:15PM (#22811134) Journal
            It's worse than that...

            Your router is constantly saying "Here I am! Connect to me! I am OPEN! I am AVAILABLE!"

            This attempt at legislation actually goes against the default router settings provided by every single manufacturer. It attempts to genuinely legislate that up is down, that open is closed. That something similar passed in the UK only shows us that fools are not limited to our shores.
                    • by LunaticTippy (872397) on Thursday March 20 2008, @03:48PM (#22811656)
                      I bought a router, plugged it in, and it starts broadcasting as Linksys. I go to my computer and there are 3 unsecured Linksys APs visible. How do I know which one is mine? If I pick the wrong one do I really need to go to jail?

                      I go visit my next door neighbor and he says "Yeah, I have an unsecured Linksys router. Go ahead and use it, that's what it's there for!" How do I tell which one of those 3 I have permission for? Again, if I pick the wrong one do I really need to go to jail?

                      Let's simplify. There is only one Linksys AP. I have permission from the owner. A 2nd person sets up an AP the same way - my computer will automatically connect, and will look the same to me. I will have absolutely no idea I'm using one I don't have permission to use. Do I now go to jail? For something someone else did?
      • by Brian Gordon (987471) on Thursday March 20 2008, @01:34PM (#22809576)
        How is this criminal? This is like a perfect example of a civil offense.
        • by LabRat007 (765435) on Thursday March 20 2008, @03:45PM (#22811620) Homepage
          3 years and $1000? I've seen people who have gotten less for rape of a minor. Does the punishment really need to be this severe?
          • by el_gordo101 (643167) on Thursday March 20 2008, @01:55PM (#22809908)

            # voted against in-state tuition for illegal immigrants in 2007 (HB6)

            If the guy doesn't want you to breath clean air, or teach illegal immigrants (after all, being literate obviously wouldn't help them at all..), then this seems pretty much par for the course.
            The in-state tuition bill is not about keeping illegal immigrants out of school, it is about charging illegal immigrants the same tuition at State colleges that legal residents would pay.
              • by haystor (102186) on Thursday March 20 2008, @02:19PM (#22810270)
                Why would you go about discounting prices for illegal immigrants before discounting for legal residents? Sorry, you're from out of state, you have have to pay more than the out of country guys -- except the ones that applied properly -- of course.
              • So this assumes they have the same level of wages? Because as far as I can tell, this is not usually the case.
                I don't care what level of wages they have. The government can't save you. We need a public education campaign. It doesn't matter how sincere and compassionate a politician sounds, she has to get the money from somewhere. And that somewhere will either be your pocket or a printing press.

                What happened to American independence? A few generations ago, people would rather live on beans and potatoes than accept money from the government. John Maynard Keynes and FDR have ruined the federal government. It happened to Rome, and it will happen to us. When people believe there is such thing as a free government lunch, we are ruined.
            • by tattood (855883) on Thursday March 20 2008, @02:57PM (#22810882)
              It should only be a criminal offense if you "hack" into the wireless network. And by hack, I mean circumvent the owner's attempt to secure their wireless network. If you enable WEP/WPA on your wireless network, and someone cracks the keys and uses your wireless, that should be a criminal offense. If you buy a wireless router and don't put on the encryption, then it's your fault.

              I partially agree with your statement, that it should be the responsibility of the wireless AP manufacturers to enable some security by default, even if it is only WEP. You should make the user have to disable WEP, if they want an open network.

              The manufacturer's argument to that, would be that the common user probably does not know how to use WEP. This would therefore cause an increase in support calls when their new wireless router does not work. The manufacturer should have to deal with that, or make it extremely simple and obvious to the user how to use the security features.
              • by EdelFactor19 (732765) <adam,edelstein&alum,rpi,edu> on Thursday March 20 2008, @03:45PM (#22811618)
                I dont care how its done; the government has no place in telling us what to do with the internet access we pay for and on routers we pay for. If you don't want someone using your router thats your problem.. If they crack your encryption; obviously that falls into many already existing anti hacking laws (or make that the law)

                adding any CRIMINAL or CIVIL law for someone connecting to your UNENCRYPTED access point only encourages stupidity, lack of reponsibility and negligence. If you left a hose running plugged into your house that extended to the driveway, and i was running by and was thirsty, I'd pick it up turn on the spiggot and drink some... if you dont want me to then do one of three things: turn the damn thing off at the end of your house; put the hose away; or waste money on some crazy lock on it lol. Suggesting that the government take on the problem is an exercise in futility; it will only waste our time and money and rights.

                Furthermore suggesting that the "makers of the devices" do anything differently has a similar net result. It is not their problem; it is yours. Do with it what you want. If you are too unintelligent to push the "EZ Security" (re crappy unadjustable settings" button on a linksys; or follow the extremely basic guide in the instructions, and are also too unintelligent to either ask a friend for help, call tech support, or find help elsewhere then you have to deal with the consequences. There are a lot of reasons you probably dont want wep or name your security method enabled by default; namely setting the damn thing up. What do you do when your device is having a problem or you forget the password?

                There are other interesting a better ways to go about the problem. MAC address filtering can work well, as can limiting the number of leases allowed.

                The bottom line is that this is an area that the government has absolutely no business talking about, getting involved with, or passing laws regarding. Especially the federal government. They've got plenty of important things to waste their time on that ACTUALLY matter and should be decided by them. Lastly, how is being fined or sent to jail even remotely not get categorized as excessive punishment worse than the crime? If you pay anything at most it should be some factor of the cost of the fee for internet service paid by the place you stole it from.
              • by baboo_jackal (1021741) on Thursday March 20 2008, @04:48PM (#22812384)

                It should only be a criminal offense if you "hack" into the wireless network. And by hack, I mean circumvent the owner's attempt to secure their wireless network.

                Yeah, no doubt. Just yesterday, in fact, I unplugged my router for a sec to let it reboot and forgotten to plug it back in. I started my laptop (in the other room), started using the internet, and *boom!* there I was, "maliciously stealing" somebody else's wireless bandwidth because my computer automatically connected to their unsecured router!

                OK, so I didn't read TFA. So I'm probably completely off base here. I mean, I get the idea behind the law - internet access is like any other consumable utility (gas, water, electric). But to contrast how different this is from that, when's the last time you turned on the shower and accidentally stolen water from your neighbor's water pipes?

  • by Panaqqa (927615) * on Thursday March 20 2008, @01:08PM (#22809126) Homepage
    ...after all, who is to determine whether someone purposely accessed the wireless connection. I know I have been in neighbourhoods where there were many wireless connections, and while I thought I was connecting through my host's access point, it turned out to be someone else's.

    So, who it going to determine whether the access was on purpose, or the more likely alternative, accidental?
          • How many people will be so intimidated by the whole process that they'll just accept whatever plea is offered?

            Ditto those who don't have the several thousand dollars to hire a lawyer?

            Ditto those who don't have the courage to tell the prosecutor "go fuck yourself - see you in court, numnuts - and you'd better have LOTS of proof ..."

            Ditto those who don't want to "rock the boat"

            Ditto those who can't afford to take time off work.

            When a case goes to trial, even when you win, you usually end up losing. Its not like the other side has any "skin in the game." They still get paid, win or lose. Justice? Not for us.

          • by rudeboy1 (516023) on Thursday March 20 2008, @02:16PM (#22810224)
            Sounds like you need to take 2 minutes and put on a WEP key. I for one believe in sharing my connection (with the proper safety precautions in place of course). The problem with this law is that it assumes that if you access an OPEN network, you are nreaking a law. A law that makes more sense is one that states if you actively seek to break into an ENCRYPTED network, you are commiting a crime. Which is, as I understand, the way the law is already written. I don't think the guy who wrote this bill really has much of a technical background. More likely he is trying to make a name for himself by introducing new technical legislation, which is all the rage right now. It's an unfortunate state of current events. Most technical legislation is introduced by people who are either acting on behalf of lobbyists, or news blurbs on CNN/Fox. There are only a handful of lawmakers that have demonstrated that they have even a remote clue what they are talking about. It bothers me that these people are left to decide the fate of things they have no real grasp of.
            I try to write letters to my elected officials any time something like this comes up for a vote. I've even made some phone calls when it's either highly technical or highly important.
              • by rudeboy1 (516023) on Thursday March 20 2008, @02:37PM (#22810548)
                The problem here is that there is an ambiguity of intent. SOME people (and it doesn't even have to be a large number) keep their wireless connection open on purpose. To assume that it is automatically an unwelcome act to enter an unsecured network is flawed logic. As is to assume that either AP owners or laptop users are all ignorant or devious.
                    While not the easiest solution to implement, the most logical solution would be to simply require AP manufacturers to default routers to a closed network. Either using a default WEP/WPA/Etc. key, or with a mandatory setup upon installation (a la the runonce screen you get in IE the first time you open it). This takes the ambiguity out of the equation and allows all users who do not want their networks open to lock them down, even in the face of computer illiteracy. Then, if a network is open, it is set that way by choice, and conversely, if a user logs on to a closed network without authorization, there is a clear intent to trespass.
  • by PC and Sony Fanboy (1248258) on Thursday March 20 2008, @01:09PM (#22809150) Journal
    Yeah, and I suppose that sitting in someone else's light, or perhaps walking on their lawn should be criminalized too?

    Yes, we pay for the internet, but if you don't secure your network, and the pedestrian use doesn't impair your surfing experience... no harm, no foul. At least, thats what I think - but I'm still not running the world *sigh*
    • by pilgrim23 (716938) on Thursday March 20 2008, @01:13PM (#22809222)
      just rememeber: Like your life, your fortune and your sacred honor, Wirless is not yours to share. You cannot share what you do not own. What, you think this is a free country or somethin?
    • by esocid (946821) on Thursday March 20 2008, @01:19PM (#22809308) Journal
      I suppose if it were handled like trespassing then the owner of wireless LAN could request that you leave it, and call the "cyber police" if you don't. Wait, I guess they'd be calling the secret service? Or would it be the FBI?
        • by cayenne8 (626475) on Thursday March 20 2008, @01:42PM (#22809680) Homepage Journal
          "If you accept that most people would not want to share their internet access"

          My guess is, most people wouldn't care whether you shared their internet access or not. Not unless you ran so much traffic over it 24/7 that you caused their access to be degraded. At that point I'd think they might want to kick you off.

  • Stupid rednecks! (Score:5, Insightful)

    by tjstork (137384) <tbandrowsky&mightyware,com> on Thursday March 20 2008, @01:09PM (#22809154) Homepage Journal
    It's funny, because, the most pre-eminent security guy in the USA, Bruce Schneir, who wrote THE book on cryptography, actually leaves his home WAP open so that people can squat on it. He thinks that if we all had our own open WAPS, we could all sorta squat on each other's wans, be much more effective as a society overall. Really, what this law is is an attempt to criminalize a culture of sharing.

    • by gad_zuki! (70830) on Thursday March 20 2008, @01:31PM (#22809506)
      Bruce also know how to lock down his shares, build vlans, segment networks, build captive portals, monitor traffic, etc. Joe Shmoe doesnt. The best advice for non-techies is to use WPA on their wireless.

      >Really, what this law is is an attempt to criminalize a culture of sharing.

      Yeah, its a big conspiracy d00d! The other day I tried to give someone a hoho and a police man shot at me!
      • by h3llfish (663057) on Thursday March 20 2008, @01:43PM (#22809706)
        >> Yeah, its a big conspiracy d00d!

        Are you sure that it isn't? Ask yourself, why did the Maryland government feel a need to address this issue at all? Because they had been flooded by emails from constituents who were furious over their stolen bandwidth? Or because telcos/cablecos/ISPs realized how easy wireless makes it to share a connection with your neighbor? I can't say for sure either way, but I know which of the two groups has more pull with most politicians.
  • by module0000 (882745) on Thursday March 20 2008, @01:11PM (#22809178)
    ...in pre-XP windows, and pre-SP1 installations of XP.

    Yey, my OS breaks the law for me!
      • by dgatwood (11270) on Thursday March 20 2008, @01:56PM (#22809916) Journal

        You mean like DHCP?

        Look, it's really simple. If you don't want other people using your wireless network, don't disable the encryption. Notice I said "don't disable". Most access points these days are shipping with encryption on by default, so the trend is moving towards the point where we'll be able to automatically assume that every unencrypted point was intentionally set that way. In ten years, the proposed law will be completely unnecessary and will just be a broken relic of days gone by.

        Laws like this annoy the heck out of me, as they are caused by technological neanderthals trying to come up with ways to appear that they are doing something useful, all while creating a body of unnecessary laws that bog down the legal system. In any case, I can say right now that I won't be traveling to Maryland if this happens. Life's too short to put up with getting arrested for sitting in your car outside a hotel checking your email for a couple of minutes. The law is a blatant abuse of power, and ultimately, the FCC needs to put a stop to this by creating policy that trumps it. Unencrypted Wi-Fi should be considered free for public use, period, at least until the owner explicitly asks you to stop.

  • Yeesh (Score:5, Insightful)

    by InvisblePinkUnicorn (1126837) on Thursday March 20 2008, @01:11PM (#22809190)
    Given how silently Windows is able to connect to a wireless network, I don't see how this law would last. Computer novices with brand new laptops will just turn them on and start surfing the net without having a clue about what an ISP is, how the internet work, or even how they are connecting to the internet. They know there is this thing called the "internet" and that when they click on the big blue "e", they are accessing the internet. Where do you draw the line between the innocent bystander and the criminal?
  • by suck_burners_rice (1258684) on Thursday March 20 2008, @01:11PM (#22809196)
    The public defender is absolutely right. If you don't want other people surfing on your connection, it takes seriously five seconds to click a checkbox and enter a password on your router. If you leave your router open to all connections, that should legally mean that you desire to share your connection with others, since that is what will inevitably occur with such a setup. Leaving your router open like this is akin to bringing a box of donuts to work and leaving it open on the lunchroom tables.
  • by peipas (809350) on Thursday March 20 2008, @01:14PM (#22809234)
    While they're at it, they should criminalize unauthorized looking at hotties, although accidental looking is fine. It is an important issue, because if too many people crowd around to look at the hottie it will not be able to move.
  • Ridiculous bill (Score:4, Informative)

    by esocid (946821) on Thursday March 20 2008, @01:14PM (#22809238) Journal
    What a ridiculous premise. If people are stupid enough to leave their wireless routers open, then it's their fault if someone uses it. Secure your router or don't complain when someone hops onto it. The other ridiculous part of this bill is that it classifies accessing someone's computer a misdemeanor.

    According to the bill, intentional unauthorized access to another person's computer, network, database or software is a misdemeanor.
    But then goes on to say this:

    He said he didn't want unintentional use like that to be prosecuted the same as computer hacking.
    Doesn't computer hacking including unauthorized access to someone's computer? Sorry, but you lost me.
  • by jandrese (485) <kensama@vt.edu> on Thursday March 20 2008, @01:16PM (#22809268) Homepage Journal
    Stealing someone's internet bandwidth (their porn came down slower than usual!) is now worth up to three years in the slammer? I always thought wardriving was a silly little crime like jaywalking, not something on the order of grand theft auto. Why is the punishment so steep in that bill?
  • by netsavior (627338) on Thursday March 20 2008, @01:17PM (#22809280) Homepage
    My SSID is broadcasted as "FreeInternet" It is firewalled from my real network and unless it gets in the way of my gaming, I have no problem with whoever using my broadband. I have a "click here" to accept that you are not going to do anything illegal (via DNS intercept), mac addresses are logged, and most known methods of p2p are blocked... but if you need to check your google groups and you are near my house, why the heck would I care if you do so? It took like 2 hours to set that up. So would it still be illegal to knowingly use my "FreeInternet" network?
    • by BlowHole666 (1152399) on Thursday March 20 2008, @01:34PM (#22809574)
      So what your saying is if the child molester outside looks at the kiddie porn in his car and he gets traced. Your fucked. All you have is a mac address, all the District attorney will say is you threw the computer out. There are things worse then p2p.
      • by Anonymous Coward on Thursday March 20 2008, @02:05PM (#22810074)
        Why does stuff like this get modded up? If someone downloads illegal material over your link, so what? The parent has already said that they block most p2p programs so the chance of this happening is pretty low. Besides, unless I'm wrong (IANAL) posession of said material is what is against the law. Does AT&T get charged with a crime when someone downloads illegal material over their network?
  • by Odiumjunkie (926074) on Thursday March 20 2008, @01:18PM (#22809292)
    Here in Toronto, Bell is already sending out wireless dsl routers with 128 bit WPA-PSK pre-configured, and the key printed on the base of the router. Hopefully, that'll soon be the norm everywhere.

    Once everyone is using WPA, this is a non-issue. Even if an exploit is discovered that makes cracking WPA trivial, breaking encryption on someone else's network is clearly illegal, and it will be safe to assume that any unencrypted network is intended for public access.

    I, for one, will not mourn the passing of a thousand light/water/keyhole/car-left-with-keys-in-ignition/radio/tv-through-window analogies.
  • by Mr Pippin (659094) on Thursday March 20 2008, @01:19PM (#22809300)
    Yet, warrantless searches of my laptop is still perfectly reasonable, right?

    And it is also okay if a private company did something like this if government directed, too, right?

  • by Anonymous Coward on Thursday March 20 2008, @01:24PM (#22809402)
    Telecommunications companies are asking for this bill because by criminalizing squatting, ppl are more likely to pay $$$ for their own connection.

    This benefits the very people who are demanding retroactive immunity for illegal domestic spying.
  • by Duncan Blackthorne (1095849) on Thursday March 20 2008, @01:26PM (#22809422)
    At least the public defender's office mentioned understands something of the nature of the thing. Unsecured WiFI APs are the "VCR flashing 12:00" for the 21st century, and the other half of the equation is how any WiFi interface will by default connect to the first AP it can do so with regardless of who ows it. Also how are they planning on differentiating between businesses and individuals that purposefully leave their APs open for customers or neighbors to use at will, are they planning to make them criminals as well? Stupid.
  • by Archonoid (1259662) on Thursday March 20 2008, @01:36PM (#22809592)
    Caps as in the original bill, emphasis mine.

    "A person may not intentionally, willfully, and without
    authorization access, attempt to access, cause to be accessed, or exceed the person's
    authorized access to all or part of a computer network, computer control language,
    computer, computer software, computer system, computer services OTHER THAN
    WIRELESS INTERNET SERVICE
    , or computer database."

    "A PERSON MAY NOT INTENTIONALLY, WILLFULLY, AND
    WITHOUT AUTHORIZATION ACCESS, ATTEMPT TO ACCESS, CAUSE TO BE
    ACCESSED, OR EXCEED THE PERSON'S AUTHORIZED ACCESS TO WIRELESS
    INTERNET SERVICE WITH KNOWLEDGE THAT THE ACCESS IS UNAUTHORIZED
    AND PROHIBITED BY LAW.
    "

    As I'm reading this, it seems like the most reasonable interpretation of the bill is: 1. You need authorization EXCEPT for wireless internet service, 2. When using wireless internet service, you may not access the service if you know that it's unauthorized and prohibited by law. It doesn't actually prohibit the access itself, it provides the fines for doing so if another law has made that access illegal.

    Can any lawyers comment on this reading? Because it seems actually to be somewhat counter to the headline and summary, and actually somewhat benign.
  • by dpilot (134227) on Thursday March 20 2008, @02:09PM (#22810114) Homepage Journal
    We need an equivalent of the locked door test for this. IIRC, criminal responsibility for intrusion changes based on whether or not the door is closed, and whether or not it is locked.

    In other words, if the door is open, it's reasonable to expect that perhaps the general public was invited in.
    If the door is closed, but not locked, it's still possible that the general public is invited in, they're just trying to keep the heat in or the flies out.
    If the door is closed and locked, clearly the general public is not invited in.

    As for the "default router settings are open" argument, that's kind of like saying "newly installed doors are unlocked." As for the "flashing 12:00:00" argument, if you aren't competent to lock your front door, there's a problem. Manufacturers of wireless equipment need to do a better job of explaining this. They need a BIG RED PAGE when you open the box, explaining how to do the basic security, and how if you don't, you could have legal problems because you're responsible for ALL access through that wireless connection. As far as I can see, the directions are very little past, "insert the Windows driver disk."

    By the way, so the instructions tell you as a minimum key to use your name, address, and phone number, and the street address for the SSID. Ain't much of a lock, is it? But it's is still most definitely a lock, and it takes deliberate action to open. No default-configured computer from anywhere will automatically crack even a trivial key and automatically make a connection.
  • by techmuse (160085) on Thursday March 20 2008, @02:10PM (#22810140)
    iPhones automagically associate with open wifi access points. This would make everyone with an iPhone a criminal. How do you know which access points are intended for open use and which are not? Around here, many restaurants specifically offer free wifi to attract customers!
  • by urbanriot (924981) on Thursday March 20 2008, @02:16PM (#22810220)
    I live downtown with a high capacity internet connection that I typically don't use to its full extent, so I've QoS'd everything to allow excess bandwidth I'm not using to be available to anyone who wants to connect to my wide open wireless internet. Many people use this, and I've also had some students and neighbors thank me for it... I've also heard of others doing the same and I've been to many coffee shops and other such places where they freely offer wireless internet.

    That being said, how will the end users know which networks are free to use, and which are ignorant people who can't configure technology (that they should know how to configure if they're going to try to use it)?

    This sounds more like large ISP's paying someone kickbacks to the people in charge to prevent people from using 'free' internet, than it does protecting the children.
  • Accidental? (Score:5, Insightful)

    by just_forget_it (947275) on Thursday March 20 2008, @02:54PM (#22810830)
    In my apartment, I pick up 11 wireless networks (even though there are only 8 apartments surrounding me), two of which apparently were set up by numbskulls (i.e. not set up at all. They just plugged the router in and left their network name at the default "linksys") and were left unsecured. My Windows Vista laptop will automatically connect to one of those networks if my router happens to puke and lose connection. If I'm away from the computer when this happens, I don't even know what went on while I was away, and I could surf for hours using someone else's connection. If "hijacking" someone else's wireless is made a crime, buying a Windows Vista machine will be like buying a car that automatically robs bank vaults while you're away at work.

    This bill turns people into unwitting criminals because some people are idiotic enough not to protect their router, and Vista will automatically connect to these routers without asking. So, if it gets passed, the one question here is: if Vista forces me to break the law by automatically "hijacking" an unsecured wireless network, can Steve Ballmer be charged as an accessory to the crime?
  • Tresspassing signal! (Score:4, Interesting)

    by pecosdave (536896) on Thursday March 20 2008, @03:29PM (#22811370) Homepage Journal
    I would argue that my neighbors Wi-Fi signal was tresspassing into my home, therefore it was mine to use as it was on my property. If my neighbor had an apple tree haning over my fence any apples that fell on my side of the fence would be my fair game as well.
  • by Russ Nelson (33911) on Thursday March 20 2008, @03:38PM (#22811514) Homepage
    If somebody has enabled their router to be open to all connections, THAT IS ALL THE AUTHORIZATION NEEDED. If my handheld sends a request for association with their router, and their router accepts my request, THAT IS ALL THE AUTHORIZATION NEEDED. If somebody leaves the door of their store open, I should expect to be able to enter the store. If they lock the door, then, that lets me know that I shouldn't enter.