Is it legal to use unsecured WiFi? Where is a credible answer to this question?

Question

I noticed some scathing and clearly uninformed answers ranting about "theft of services" to similar questions on this forum, so let me clarify that I pay for broadband access and have a secured router set up in my home, so I don't "steal" my connection. But I also have a smartphone, and that thing will happily connect to other peoples networks automatically; it just searches for the nearest unsecured connection and logs in. Its not "hacking" in, so is that really theft of services?

For example, if I log into a coffee shop for free, thats not considered theft. If someone leaves an open connection, what's the difference? They could easily secure it, so if its open they clearly don't care.

A related question: if I give my passcode to a neighbor, is that legal? Or would it the same as splitting my landline cable, which would be blatant theft?

No rants please; I'm a looking for honest, credible information and can't seem to find an answer using The Google on the Interwebs.

Answer 1

Best Answer - Chosen by Asker

Since there have only been a few cases to date, mostly in lower judicial instances, there is no guiding case law on this issue. Experts in the United States believe that sometimes, such use of an unsecured wireless network may be considered an "unauthorized access of a computer" which is prohibited under Federal law and even theft of communications. Legal causes of action which were cited include defrauding the Internet service provider and a breach of the Internet service agreement.
Alternatively, such actions may be deemed trespass to chattel. In addition, under certain circumstances, including a massive use of the network in a manner which effectively prevents its operation for the owner, it may be deemed as the unauthorized performance of a telecommunications operation (the unauthorized operation of the router for the purpose of granting access to the Internet), harassment using a telecommunication device or the disruption of the conveyance of a telecommunications signal, under the Communications Law (Telecommunications and Broadcasting). The breach of such section is punishable by fines and prison sentences. Theoretically, this is similar to the unauthorized connection into cable television broadcasts or the neighbor's phone line and the causes of action cited in lawsuits in such cases would apply.

However, theory aside, in effect, in most cases it would be difficult to prove and quantify the damage caused due to the usage of the wireless network. It would also difficult to prove the mens rea, purpose, required in the said offenses. This is because in many cases the connection to the wireless network is carried out automatically by the computer and the user only discovers this after a while, if at all.

Source(s):

http://www.ibls.com/internet_law_news_po…

Asker's Rating:

Asker's Comment:

Thanks Frank "clearly a lawyer" M! And props to those who answered with facts. It appears to be a gray area. I can't help but be annoyed by Biggie, Ryan and SugB, who say its illegal w/o citing facts. They're confusing a basleess moral argument - "free MUST be stealing" with current, vague, law.

Answer 2

Just let me put it this way:

If I leave my car door unlocked, are you allowed to take it?

Answer 3

I read in the paper a few months ago of a guy who sat in front of a coffee shop during his lunch break and would use their open wifi to check his email, ect.. He wouldnt buy anything or go inside, just sit in the parking lot and use their internet. He got a fine and maybe a short jail sentence. They did have a sign out that said Wifi for customers only.

As far as I know, if you find open wifi and use it, thats illegal. It is not yours and you did not pay for it. UNLESS its a city or municipal wifi system.

Ever hear of wardriving? Its illegal.

I hope that sheds some light.

Answer 4

I connect to other people wifi all the time when mine is acting up. Its a great backup system. Legality? What isn't illegal these days? Who's going to find out? And who's going to be lame enough to press charges?

Answer 5

Using someone else's WiFi without them knowing is indeed illegal whether or not it's secured. You have to program your smartphone to connect to YOUR WiFi instead of it searching for the nearest insecured connection that your NOT paying for. It is hacking if you allow it & yes, it is considered theft of service even though you don't see it that way.

My MacBook Pro picked up one of the neighbors WiFi (it will connect to other peoples network & indeed searched for the nearest unsecured connection). I didn't feel good about using someone else's internet connection knowing that they don't know about it & I'm NOT paying for it. So, what I did was I got my own wireless router & programmed by MacBook to connect to mine, NOT the neighbors b/c I am fully aware that using someone else's internet connection without their knowledge or consent is illegal & could either land me in jail or pay a fine. Use common sense, if your NOT paying for it, it's not yours, so don't use it.

Answer 6

It is legal. Unless the network is secured, you cannot be prosecuted. The man referenced in the earlier reply (who was on a 60 minutes special last year) was arrested because the coffee shop had the free for customers sign up. The reason why you cannot find information on this being legal is because there is no law in existence regarding this situation. So there is no law saying that it is illegal and there is no law saying that it is legal.....yet. So enjoy it while it lasts because eventually there will be a law against using unsecured networks.

Answer 7

The question on the legality of wireless connection is a blur. Most responses are based on a moral basis. The logic behind this is free connection, so why not. As long as your not downloading illegal contents I would think it is okay.

If someone leaves their connection open it doesn't necessarily mean they don't care. Sometimes they just don't know about the security features. But I do believe part of the blame goes to the home owner for not taking the time to learn how to secure their network. Or maybe the blame goes to the manufacturer of the routers for not blatantly pointing out that if you operate with an unsecured network someone might use it.

Source(s):

The current law about internet connection.
http://www4.law.cornell.edu/uscode/html/…