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Amazing - FL man charged with Felony for "wardriving"

Thu, 07/07/2005 - 12:17 — charlie.collins

Wardriving, for the uninitiated is really more about finding and collecting information about various wireless access points rather than using them, but the term has become synonymous with *finding an accessible wireless network with your laptop and using it*.

A Florida man was charged with felony unauthorized use of a computer system when he was caught in his car with his laptop using a wide open wireless network from another mans residential home.

I do that OFTEN. Whenever I am somewhere without net access I generally will use the first available and unsecured wireless network I find, many of them yes residential. I do not go out specifically looking for a WAP, ever, but generally wherever I turn my laptop on various WAPS advertise themselves (at my home my WAP is secured, but I can "see" 6 others that are not, also at my office there are many unsecured - these are routers executives decided to stick in their offices and not setup correctly for their own convenience, they are likely not authorized at the company by any sysadmin). I never considered this to be a crime on my part, but maybe I need to RE-consider. Rather I consider it totally STUPID for people to setup a wireless router and then NOT secure it. They are TRIVIAL TO SECURE. Yet many people do not do so. Then when I turn on my computer those networks ADVERTISE THEMSELVES AS AVAILABLE AND UNSECURED, so I use them, from time to time. This really should not be a crime, this case is horrendous.

And note that I never try to access any data on another persons network but rather just use the router, conveniently configured to advertise itself and provide me an IP address via DHCP, to access the public Internet.

I have a counter argument for the ridiculous Florida case, the man who advertises his wireless network in an insecure fashion is USING OTHERS COMPUTERS HIMSELF - IN AN UNAUTHORIZED FASHION. If I drive by and your network alerts me its there then it has USED MY COMPUTER.

These type laws are really really stupid. Sure we need laws to protect against ACTUAL computer crimes (accessing data on a SECURED network by trying to subvert the security) but a felony for clicking on "go ahead and use it" when on a wireless that advertised itself and available and unsecured is just ridiculous. Its even more egregious to call this "hacking" and so on as the authorities often do. I would argue this is not "unauthorized" usage at all, when there is no "authorization" setup its perfectly well authorized for ANYONE to use it.
  Florida man charged with felony for wardriving

Comments

Thu, 07/07/2005 - 18:32 — Shmooze (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

I don't know, my first reaction agree with you but when I read the article I kind of changed my mind. The guy who called the cops saw this same guy twice acting real suspicious. I don't know if they should have arrested him, but somehow they needed to verify the guy wasn't doing anything illegal. I'm of the opinion if you are sitting in your car using someone elses network and they (or in this case their neighbor I think) walks outside you need to roll your window down and be upfront about what you are doing. Hell if I saw someone acting like this in front of my house I'd call the cops. And yes my network is secured :P

Fri, 07/08/2005 - 07:28 — Phil McKrackin (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

It is technically breaking the law. As a result, the police - spurred by the fearful owner of the unsecured pod - were well within their rights to charge him. The question is this: how are you supposed to know the difference between a wide-open network that has been put there for general use or an access point that someone forgot to secure? With many free wireless hotspots out there, you could make the argument that no security is an invitation to use free bandwidth.

Fri, 07/08/2005 - 10:17 — atrox (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

@It is technically breaking the law

I am not sure it is. This signal is broadcast FROM the house to public, and advertised as available, then it provides the guy with an IP address. They guy has subverted nothing. Again, by the logic that this is "against the law" the WAP itself is breaking the law. It broadcast to whatever machines in the area.

Also as to the on the street thing, seen him twice. Yeah its creepy and if it were me I would have rolled down the window and said hey whats up, and if the guy didnt like it I would have left (in fact I would not sit there in my car like that in the first place ;)). Yet if the guy was ON THE STREET he has every right not to talk to you and to do whatever, your driveway different matter, the street still PUBLIC.

And another argument, the airwaves are supposed to be public, at least at certain frequencies. WIFI is part of an "unregulated spectrum", you dont want your WAP accessed then make sure it doesnt breach your private property. Hard to do, espsecially if you cant setup a fricking WIFI router to use lets say, a password, but still the responsibility OF THE NETWORK not of the user on the street.

Fri, 07/08/2005 - 11:26 — cooper (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

Yeah, I am not getting the illegal part. This seems to me to be rather like "I have a streetlamp in my front yard and someone stops on the sidewalk to read the paper by the light of my streetlamp." If I don't want people using my light, I turn it off, move it inside or build a fence.

Fri, 07/08/2005 - 11:33 — Shmooze (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

I guess I think the parallel for me is - it's like some guy digging through my trash when I put it out on the street. If he digs through it, finds my credit card info and then goes and commits a crime with it - was he committing a crime by digging through my trash or only when he actually used the info he gained?
I'm still of the - he looks suspicious then call the cops and let them sort it out - mindset. Not that you could arrest him for sitting in his car but at least ask him a few questions.

Fri, 07/08/2005 - 12:59 — cooper (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

If he digs through it, finds my credit card info and then goes and commits a crime with it - was he committing a crime by digging through my trash or only when he actually used the info he gained?

See, and gain, I think that may be a good analogy. If the crime is commited when he goes through your trash, does that mean (as I did this morning) if a neighbor has their recycling bin at the street and I open it and put yesterday's newspaper in it as I walk by, I have committed a crime?

I definitely think if someone looks like they are casing your house, you are in the right to call the cops. However, if you have your sprinkler spraying over the sidewalk or your wifi covering the block I think getting angry with kids for playing in your sprinklers or someone for surfing the web on your wifi seems a bit silly.

Sat, 08/06/2005 - 09:13 — John (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

I am laughing so hard right now. I am on a
Wi-Fi network I did not have "permission" to log on to and now I find out I'm a fellon how stupid is that.

Wed, 09/07/2005 - 13:51 — anonymous (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

In a Apartment Building where you stay might have 100 of houses, among them 40 houses might have WIFI.. Next to your apartment you might have Free WIFI Zone.. In this case you will not know which one to use.. you just connect to first available network. Right?

Thu, 09/08/2005 - 13:40 — atrox (not verified)

RE: Amazing - FL man charged with Felony for "wardriving"

@ you just connect to first available network. Right?

No, you connect to the fastest one ;).

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