By Peter Cochrane, 1 August 2005 15:30
COMMENT Written over the mid-Atlantic, and despatched later via free terrestrial Wi-Fi from a place in the UK I had better not disclose
A few days ago I walked into a public rest room and found 25c on the floor. I picked it up without a thought and deposited it in the tips jar of the restaurant as I exited. Later that day it started to rain and I took refuge under the awning of a shop until the shower subsided. That evening I wanted to read a map more clearly so I made use of the light from a shop window. The next day my travels took me to a gas station without any restrooms, so I just popped into a nearby fast food place and used theirs.
A few other incidents saw me using someone's private drive as part of a three-point turn. I also wrote some notes using a hotel pen, and pocketed a few leaves of note paper from the same source. Would you call any one of these acts a crime?
I have also, of course, been using free Wi-Fi internet access whenever it has been available. And available to me means the WEP isn't on and a DHCP setting results in an address allocation and access to the internet. I never ask or look to ask anyone's permission, I just connect!
In some countries this now seems to have become classified as a crime. Recent court cases in the UK, Canada and the US have garnered significant publicity. The ones I can go along with are those involving real security issues and/or use of the internet connection for child porn trading. But not the rest! If I am to go to court for using freely available and unprotected Wi-Fi, then my use of shop lights, toilets, shop awnings and someone's drive should qualify me as a criminal too. Why? Because they cost more than Wi-Fi access!
Surprisingly the law in Germany does not qualify the hijacking of Wi-Fi internet access, with or without WEP protection, as a crime. Interesting stuff for sure. I can remember when a UK citizen listening to anything other than the BBC was committing a crime. Indeed, CB radio was also banned, as were car radios without an individual licence, not to mention any form of off-air recording.
Did anyone take any notice? No! So will this growing silliness over Wi-Fi access prevail? I think not! It seems to me the law is being a bit of an ass (again) and wasting an awful lot of time, money and effort on a trivial issue - just like the 25c in the washroom.
If anyone is criminally charged for using my various home and office Wi-Fi systems to access the internet for free, I will defend them myself. I leave my systems open specifically for casual users. And so do many of my friends and colleagues worldwide.
If WEP is turned off on a network, it is a clear invitation to take advantage of the freedom afforded - just like a drive without a gate, or a rest room without a lock. If WEP is turned on, it clearly says 'For Private Use Only'. If someone purposely cracks a Wi-Fi WEP network, they are clearly a bit-burglar. And should they commit some illegal act using any form of Wi-Fi network - open, closed, home, office or hotspot - then they should be subject to the due process of law.
As for the rest... we may need a little uncommon sense!
Comments
There are 35 comments. Join the discussion
1. KT
Not the same thing at all compared to borrowing someone's light.
It is abt intention. What i i use your wifi network to do something bad such as downloading some illegal software, do you want that to happen ?
2. Knut Boehnert
Looks like to every positive incentive there are answers like KT to put a positive thing into the most negative spin.
Clearly if I (or others) provide free WiFi for the casual users the least we want to see is abuse in form of bandwidth hogging or illegal activities.
But there are controls for this - called firewall, router and other software that controls where and what others can do.
For now everyone providing such an access should protect him/herself by setting up such a framework. Once to protect their own resources (some connections come limited - see BT) and also to help in an eventual prosecution.
Will free WiFi be exploited by criminals? Sure. Same way as terrorists use public transport to reach their destination.
Do we stop public transport? In certain circumstances as reaction sure, but not forever.
Same way as criminals use public phone lines for business. Again, do we stop public phone lines? No, we developed controls and surveillance to counter such use.
The same has to apply for free WiFi. Let it be used for the good of all and try to hamper/catch the few that misuse this freedom.
3. Bob Hail
I instituted a policy amongst our employees at Nammer and Hail to have WEP free access on their home accounts provided their internal network is protected by a firewall. We all benefit from free access points when out on the road, I feel it is a courtesy to return the favour.
4. Stephen FRY
Absolutely - open access Wi-fi must be seen to be part of the "e-bartering" system that we expect and take for granted. If not, the next time I need to look up a peice of information and borrow my clients wired LAN then I too will have fallen foul of the control freaks. God forbid I should need a pee when passing McDonalds!
5. mark
I agree with Peter 100%. I have and will continue to assume an unWEPed WiFi point is open to all. If it isnt then turn the security on! its simple and you dont need to be an IT expert to do it.
In this case the law is obviously an ass (and in any case havent the IT police got more important fish to fry...like catching child porn merchants?); unless one is using the access for illegal purposes then the full weight of the law should, of course, be applied......
6. Graham Trott
I go along entirely with Peter on the foolishness of making it a crime to use wireless bandwidth offered freely. But it's not so clear viewed from the other side. As the owner of a wireless hub I'd be concerned about losing all my bandwidth to casual users and being denied the full download speed I'm paying for. I'd be happier if I could tell my router to throttle the data going to 'unknown' MACs, but as far as I know I can't. Secondly, as I have no control over what people use the connection for, I'm probably at risk of being accused of copyright theft (at the very least) and being fined or having my service withdrawn. Any provider of open WiFi is taking this risk, so much as I appreciate free access I won't be offering it myself.
7. anonymous
Blanket coverage of various "crimes" is rarely applicable to all; It is usually simple justification for a criminal act.
If the intent is to deprive the legal owner (in this case of bandwidth) i.e. steal it, then using someone elses wi-fi is a crime; like stealing a hotel paper/pen. Further, easy access is no justification, however thoughtless by the owner to leave it unguarded. eg. if you left the keys in your car would it give someone the right to use it?
Unfortuntely, the "grey areas" such as these - which are promoted by many "users" in society, can cause stress and problems for the rightful owners, who are forced or obliged to accept (or make a petty fuss) being used by these "free loaders" who may be perhaps less fortunate than themselves.
It can probably be summed up in a word "respect."
8. Derek
Does this mean that anyone wishing to avoid prosecution for internet crime just needs to make sure he has an open wireless router? Then nothing coming from his IP can ever be proved to be from him. Personally I think it is the hardware manufacturers that should be turning off SSID broadcast and setting a wep key based on serial number of device. That way the people that know enough to switch it on know the risk. Let it be a commercial service for the rest of us.
9. Si
I'm not sure I'm convinced.
Imagine if your neighbour left their car unlocked with the keys in the ignition. Taking it out for a quick spin without their permission would still be considered stealing.
I agree that businesses do have a responsibility to ensure that their Wi-Fi is secure, and if it's not then people should be free to use it. I'm just not sure that applies to home internet users, who may not be sufficently tech-savvy to realise that they can secure their connection.
Also there are the people who take advantage of unsecured connections to download large files, thus crippling the legitimate owner of the connection. When you also factor in such things as people using other's Wi-Fi to engage in illegal activities such as hacking or downloading child porn the legal waters become much murkier.
10. M. Marvinski
What if you use the light to mug someone or steal something? Would that make using the light wrong? What a moronic argument. That would be like making owning a gun illegal because you "might" use it for something illegal. I might run someone down in my car, let's make owning cars illegal.
11. David Fearon
This argument is not uncommon sense; it's simple nonsense.
For an individual unilaterally to decide, contrary to law, that anyone with an unsecured wifi network wants people to take a free ride makes as much sense as unilaterally deciding that anyone not wearing a bulletproof vest wants to be shot.
Wireless networks are no longer the preserve of people who know or care about arbitrary in-club rules of geekdom; broadband has become a utility just like water and gas, used by people who have as much knowledge about wireless security as they do about fixing a leaking pipe.
The fact that a wireless network is unsecured carries no implicit message on behalf of the owner of that network; to infer anything else is ridiculous and morally reprehensible. It's the same selfish argument used by crackers claiming that people who don't want to be hacked shouldn't use Microsoft software.
Taking others' bandwidth without their knowledge or consent is clearly and unambiguously theft. It's pretty ridiculous to send anyone to prison for it, but it's theft nonetheless.
12. A Whitehouse
I don't think you can assume that just because WEP is disabled that's an open invitation for anyone to connect.
The chap fined in the UK (and given a 12 month conditional discharge) was charged under the Communications Act 2003 for dishonestly obtaining a communications service; if the access is unauthorised it is also likely to be an office under the Computer Misuse Act 1990.
The access point owner needs to think about the contract with their ISP if they are going to allow someone else to share their connection, and also liability (e.g. for copyright infringement, or illegal content).
That aside, perhaps we need some way to indicate that the access point owner is happy for others to connect, like starting the SSID with "public"?
13. KML
Whatever allows you to sleep at night. The bottom line, apples and oranges aside you aren't paying for it, someone else is, so even if they're stupid, that doesn't make two wrongs right.
You picked up quarter off a bathroom floor, man? Yet another reason most people shouldn't shake your hand.
14. anonymous
Right on! Btw, my Thinkpad finds Wifi and connects without my approval and sometimes without me noticing to any "open" WiFi. Does this make me a criminal or should my Thinkpad be to blame?
15. Derek
Very weak analogies.
Good thing you're not a lawyer/barrister. Did you push the shop owner aside to make room for yourself under the awning? Did you make a paying customer of the fast food establishment wait for the rest room until you were done? There are two main issues with using someone else's WiFi: unauthorized consumption of a finite resource with costs borne by someone else, and the possibility that your activities would bring unwelcome attention to the owner's IP address.
16. Andy Biegala
I used to work for a cash in transit security company. they had three standards of people. Out and out crooks, people who were totally honest and the great mass inbetween who would not regard themselves as theives but would not think twice about keeping a pencil they happened to pick up.
sorry Peter, you've failed the pencil test!
17. anonymous
The question here is why would you someones personal WiFi?
Are hotspots too expensive or not usable due to cumbersome acces interfaces? Lack of availability?
I think that a lot of work could be done by commercial suppliers.
As far as using open WiFi networks is concerned.
Remember the days of pre-DECT analogue cordless phones and people using your phoneline? How do you feel about that?
In my believe there is a difference between owner unaware WiFi use and creating a deliberate 'I am being helpful - WiFi' network.
Everybody can plug in a phone or modem in a socket but configuring a wireless router correctly, thus with encryption may not be everybodies skill. Maybe someone should setup a website of home networks that offer free WiFi and leave the unaware punter's WiFi alone.
18. Harold Feld
I sit in my backyard. I happen to get my neighbor's open signal stronger than mine. I, being equally technically clueless, have my default settings to create ad hoc networks and use the strongest open signal.
So now I am guilty of a crime?
Alternative, my neighbors and I just set up an open system 'cause we're info commie techno geeks. We tell everyone about it.
A neighbor fires up his laptop and, as above, gets the stronger signal from techno-clueless neighbor.
He is guilty of a crime?
Bluntly, it is not always possible to tell when you are an invited user of a public network or an accidental user of a network someone has accidentally left open. This isn't like swapping music files or stealing cable.
19. Bill Hagen
Peter, I'm afraid you're wrong. Unfortunately, most people with home WiFi don't even know how to turn on security for their systems. And, most telling, most ISPs do not allow sharing of the connection, so, if they are found to be doing so they could lose their connections completely because you decided to "borrow" it. I agree that public WiFi hotspots, as in an airport, are there to be enjoyed. But using a private one, protected or not, is niether right nor legal.
20. Graham G
Peter, I tried to post something very similar to your column as a response to the original article about the man who was charged. I agree with you completely. If the law is intelligent enough to work out that it is legal to buy a knife but illegal to stab someone with it, then the law should also be able to tell the difference between someone who uses my open WiFi point to download their mail and one who uses it to distribute illegal content. I have set my DHCP server to log MAC address vs IP address allocations to provide a degree of traceability if anything iffy does happen.
21. Andy Robb
Why do people miss the point? Cafes, hotels and othes provide free WiFi access to their customers. The only argument here is that should we wait for specific permission to use an open WiFi connection?
What people do with the connection is a completely different matter.
There is another argument that providers of open WiFi could be responsible for its use. Are they calpable if their connection is abused and they haven't taken reasonable precautions to prevent it?
I suspect that future generations of WiFi might adopt PKI (public key infrastructure) so the connecting device must provide a digital certificate to connect. This certificate could be checked against a CA (certificate authority) to ensure it is valid. This identifies the user (miscreant).
There is also a potential software market for abuse detection. The WiFi providers could then show that they are taking 'reasonable precautions'.
If you leave your house unlocked you should accept that people can (may) walk in. Of course they should leave immediately they suspect they shouldn't be there. If you decorate your house to look like a doctor's surgery then that could take some time!
22. anonymous
Just because I leave my car unlocked doesn't mean its ok for someone to steal it. Generally speaking, you pay for what you get and I do not see any benefit paying for anyone else.
23. Greg Harvey
"I leave my systems open specifically for casual users. And so do many of my friends and colleagues worldwide."
Peter Cochrane
Then the author is an ass. Will he be so charitable when someone uses his network to commit a crime and he gets a large fine for allowing them to do so?
"...the person installing the network, be they a home user or a business, has ultimate responsibility for any criminal activity that takes place on that network, whether it be launching a hack attack or downloading illegal pornography."
The BBC reporting on Wi-Fi abuse
Mr. Cochrane, ignorance is no defence in the eyes of the law and if the day ever comes when someone does abuse your open network, your anarchistic and bloody-minded stand is likely to land you (and anyone who followed your ridiculous advice) in a lot of trouble.
24. Peter Cochrane
I certainly don't want you using my office light to read a porno mag...now where would that lead too?
25. Peter Cochrane
How very sensible sir - we are on the same page for sure - many thanks!
Today a major world wide hotel chain announced free wifi access. At last...someone has seen the light!!
26. Peter Cochrane
Excellent - and how very pragmatic - I like it!
27. Peter Cochrane
Relief should be a right somehow don't you think??
28. Peter Cochrane
A car costs a lot of $$$ - wifi costs zip. You can have my snow shovel, pen knife etc anytime..don't bother asking!
29. Peter Cochrane
If I catch you looking over my shoulder to read the headlines in my very expensive newspaper I am going to be really upset...stealing my news indeed...
30. Peter Cochrane
Well I guess this sort of stuff keeps you guys in a job (+ a few lawyers)...go talk to the hotels and coffee shops giving it away for free...or the good neighbours all over the planet...eventually the picture will become clear. Having a wired LAN doesn't stop unlawful activity - nothing does...
31. Peter Cochrane
Start travelling a lot and it becomes very obvious...convenience...visit San Jose too!
32. Peter Cochrane
You security folks are all out of the same fold - I'm convinced you are here to stop the rest of us working and getting along. Check out the hotels and coffee shops, universities and homes...this is all about community and networking...anti security??
33. Peter Cochrane
Hey - pencils are free too!
34. Peter Cochrane
Seems I live in a very large community of asses including hotels, coffee shops, offices, univ ersities, book shops et al...very strange! Drop by my home anytime and help yourself!
35. Bob Hail
I instituted a policy amongst our employees at Nammer and Hail to have WEP free access on their home accounts provided their internal network is protected by a firewall. We all benefit from free access points when out on the road, I feel it is a courtesy to return the favour.
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