By Gemma Simpson, 18 April 2007 16:28
NEWS
Think before logging onto your neighbour's wi-fi network for some free surfing - you're running the risk of a brush with the law.
Dishonestly using an electronics communications service with the intent to avoid paying is breaking the law - and it's something police are increasingly taking seriously.
Two people were recently cautioned for using other people's wi-fi connectivity without permission in Redditch in the West Midlands. One man was arrested and cautioned when residents in the town contacted the police after seeing him in a car outside their houses using a laptop last week.
A woman was arrested in similar circumstances in the town last month although the two cases are not thought to be connected.
As more money is spent on wireless broadband connectivity and people store important information on their computers, wi-fi theft will become an area that the police and legislators will increasingly have to concentrate on, said Clive Gringras, head of internet and ecommerce at legal firm Olswang.
But he told silicon.com there is a grey area in the legislation as to whether a person knows they are acting dishonestly when accessing someone else's wireless network.
Legislation covering wi-fi theft
Communications Act 2003 Chapter 21, Section 125: dishonestly obtaining electronic communications services
(1) A person who -
(a) dishonestly obtains an electronic communications service, and
(b) does so with intent to avoid payment of a charge applicable to the provision of the service,
is guilty of an offence.
Not all wi-fi is equal, as Gringras pointed out. "There is a big difference between what Starbucks makes available to you when you walk into their shops and what an ISP gives you when it provides you with connectivity in your home," he said.
The Redditch cases are not the first time wi-fi has got someone into trouble with the law. Back in July 2005 a man was fined £500 and given a 12-month conditional discharge for piggybacking on someone else's wireless broadband connection in London.
Comments
There are 10 comments. Join the discussion
1. Julian Nicholls
I have just started using a Wi-Fi enabled mobile phone and I checked my e-mail using someone's unsecured wireless network in Bournemouth on Friday evening. I don't actually know if I was on a business or a private user's network since the SSID was just the router's model name.
I knew what I was doing was not entirely legal, but I don't really think that anyone is going to miss a few KB out of their monthly allowance.
I have a WEP secured wireless network at home, and if someone parks outside and checks their e-mail after cracking my security, so be it. I'd rather they didn't download GBs of data or surf for kiddie-porn though.
2. Paul Featherstone
Of course the next logical step is for all the ISPs to start offering you discount if you are willing to make your home AP available to the public.
It is clear that this is the direction to head, it saves the providers shelling out on infrastructure and expands the availability.
You just have to look to the fact that the BT home hub has a wireless profile for openzone :-)
3. Rob
In the same breath, the user that doesn't secure their WiFi should also be liable, if you leave money on the pavement unattended what do you expect to happen to it? (barring strongwinds and such like).
We have a law concerning driving without due care an attention, can we not have the same applied to IT (would create a lot of jobs for the police that's for sure).
4. anonymous
Three thoughts on this.
1. Paul Featherstone is correct. Is not there some business model in Spain where people earn a discount on their ISP bill if they open their networks?
2. It is difficult not to see this a Police Marketing exercise. An excuse to get some media coverage. At times it came across as Ed Roberts that featured on 2 BBC shows didn't believe it himself.
If Ed Roberts came to my door claiming to be a Police Officer I am not sure I'd let him in.
3. How do we compare this issue with the massive amount fraud facilitated by the banks retaining the magnetic strip on the reverse of the new Chip and Pin cards.
Shouldn't the Police and the FSA be slapping down the banks for using such an insecure International Standard for Credit Cards?
5. Andy
If someone breaks my WEP/WPA etc...
Same as picking the lock on my door.
If someone locks onto my unsecured WiFi
Same as leaving my door unlocked/open... (accidently or not)
Depends on how much damage/trespass etc done
If bandwidth is already paid for, is it obtaining something without paying, if it has cost no one (correctly paying) anything extra ?
What exactly has been obtained without paying/"stolen" ?
Of course if it happened to be a PAYG service.....or took someone over their limit...
6. anonymous
It's not a bad idea to share our networks and make life more convenient for others - provided you are also sensibly secure.
FON is already providing a way of doing this and perhaps more domestic users should join this service?
Sign up for FON here
http://www.fon.com/en/
Whilst I would have some sympathy for somebody whose home connection were roundly abused or used for malicious purposes, it would only be SOME - since securing your network is not hard.
I am sympathetic to police activity to pursue serious abuse (porn, propagation of malware and similar) - but they really have much more useful things to do with their time than pursuing everyone who parks their car and gets out a laptop!
7. Wayne Mar
If I am sitting in my home and are able to access someone elses WI-FI where does the law stand? Isn't it up to the provider to make sure that his "waves" do not go pass his front door and through my front door?
8. anonymous
Reassuring to see the police 'solving' a crime. Suppose it's a statistic for not much effort!
9. Simon
So where does this logically end ?
If I walk past a shop with loud music blaring out, is that sptealing because I haven't paid for the music ? What if I stand and loiter for a few minutes (if by some chance they are actually playing something I like) ? What about if I listen to the 'music' emanating from the person next to me on the bus/train/tube/whatever ?
Like others have said, if someone puts up an open wireless then I'd see that as equivalent to putting a table by the front gate with a load of cups and a large teapot - people could reasonably infer that public consumption was acceptable. Unless the connection is "pay per magabyte" then I can't see how the owner of the open connection has 'lost' anything - they aren't out of pocket at all. I suppose you could offer them the cost of providing the service (ie zero) and then it would all be above board !
10. Brett Patterson
Re the UK law: “The Communications Act includes an offence of dishonestly obtaining an electronic communications service ‘with intent to avoid payment of a charge applicable to the provision of that service’,”
This doesn't mean simply using an open WiFi network in the UK is illegal. I run an open network at home. Someone using my network may assume (correctly) that it is deliberately open. No 'dishonestly' accessing the service there. And when I see an open network, I can also assume it is deliberately open, and use it, without breaking any law.