Wireless Legal Issues

Spindle

Hey, just have a question about wirless, I have just connected to a wirless network which has an internet connection and I dont have a clue the source of the network (Checked on the some wi-fi website locaters). I am in the UK and I am just wondering if anybody knows if it is legal to use this network or is it just tough luck on the person that has the network.

Spindle :rolleyes:

liamo

Hi Spindle,

Leaving a network wide open in this manner gives a good indication of the network owner's technical ability. It's probably unlikely that he would detect unauthorized use of his resources or be in a position to discover who is behind it.

However, if you connect without authorization to a network and consume the network owner's resources (in this case, his bandwidth) I'd say that's pretty illegal. Just because you can doesn't mean that it's ok.


Regards,

Liam

Winters

I'd say go ahead and use it. If you dont want anybody on your network secure it.

Windows XP gives you a warning if you connect to an unsecure network, and also every manual explains the benefits of securing a network. If they leave it open and unsecure its their choice to allow others the ability to use it.

Tom Dunne

Spindle wrote:

Hey, just have a question about wirless, I have just connected to a wirless network which has an internet connection and I dont have a clue the source of the network (Checked on the some wi-fi website locaters). I am in the UK and I am just wondering if anybody knows if it is legal to use this network or is it just tough luck on the person that has the network.

I wouldn't think there is a law specifically to do with accessing wireless networks. It may be covered under something more generic like unauthorised access to any computer network, but I would imagine that there would also be some kind of legal requirement to secure the network in some way to prevent unauthorised access.

But as the lads are saying - if the person leaves his/her network unsecured, and if you can connect to it, then I would say go right ahead.

Paulw

Putting it simply - it's illegal.

You are using computer systems without authorisation. There is no obligation on the network owner (sys admin) to secure the network. Obviously though, they should do all they can to secure the network, for their own protection.

But, unauthorised use is totally illegal, and you can be prosecuted for it. It comes under the same laws as hacking and theft.

seamus

Paulw wrote:

But, unauthorised use is totally illegal, and you can be prosecuted for it. It comes under the same laws as hacking and theft.

It could very easily be argued though that having a wireless network unsecured is authorising public access. If the network transmit an SSID, you're practically inviting other people to connect to your network, a bit like leaving your front door open, and putting up a big sign saying "There's free food in my fridge".

Of course, by virtue of the fact that you're connecting to another network, and getting free internet access, without having spoken to anyone about it, you couldn't argue that you thought it was normal, or you didn't know.

If it was me, I'd find out who has the network, go to their house with my laptop, and demonstrate my piggybacking. Then I'd charge €150 "Consultancy fees" to secure the network the usual way (Turn off Broadcast SSID, Enable WEP, Enable MAC filtering).

Paulw

seamus wrote:

It could very easily be argued though that having a wireless network unsecured is authorising public access. If the network transmit an SSID, you're practically inviting other people to connect to your network, a bit like leaving your front door open, and putting up a big sign saying "There's free food in my fridge".

Even if you leave your front door open, if someone goes in, they're tresspassing.

No matter what you want to argue, it is still illegal. But, if caught you can always argue your case with the judge, before he fines or sends you to jail.

I'm just stating how the law sits on this issue.

ChipZilla

Spindle wrote:

Hey, just have a question about wirless, I have just connected to a wirless network which has an internet connection and I dont have a clue the source of the network (Checked on the some wi-fi website locaters). I am in the UK and I am just wondering if anybody knows if it is legal to use this network or is it just tough luck on the person that has the network.

Spindle :rolleyes:

As you're in the UK, accessing a network without permission is illegal under the 1990 Computer Misuse Act (Section 1, I believe, if you want to check it out). :cool:

seamus

Paulw wrote:

Even if you leave your front door open, if someone goes in, they're tresspassing.

Not if they're invited in

Anyway, as ye say, the law is clear. I suggest going with my option. There's also the handicap that you can't stop Windows from automatically detecting and connecting to networks sometimes. So if the question comes up, "How/why did you connect?", it's pretty much out of your hands. So long as you disconnect again, and don't use their internet connection.

I recommend you go with my suggestion. Never turn down an opportunity to make some easy money.

Superman

it defo isn't legal (maybe not illegal either ) but I can't imagine it you serving life for using it!
best thing to do is tell the owner that it isn't safe and they may need to tighten security up a bit.

ChipZilla

Superman wrote:

it defo isn't legal (maybe not illegal either )

If you had read what I posted earlier, you would have seen that it is illegal.

Paulw

No matter how you try to hide it, or how it's done, accessing any network without expressed permission is illegal! Even if your machine connects to a network "by itself" you're still breaking the law.

Can anybody clarify the situation in Ireland?

Specifically is there any law covering it? (Probably not wireless specifically)

Paulw

To clarify.... again .... it's illegal.


It's covered by the European Communities (Electronic Communications Networks and Services)(Access) Regulations 2003 (S.I. No. 305/306 of 2003) This was passed in to Irish law in Nov 2003.

It was also previously covered by Data Protection and Privacy in Telecommunications Regulation 2002 (S.I. No. 192 of 2002).

Ask any solicitor about these. Bottom line, the punishment can include jail time and/or a fine.

Cheers for the info PaulW.

Ive no doubt it is illegal, but I wonder where the line is drawn with regards to wireless networks as I doubt it has been tested in court yet. Gaining access to a private network is very different to accidentally or otherwise connecting to a wireless network. Would accidentally connecting to a network be prosecutable offence bearing in mind it is an easy thing to do?

Paulw

It's never been tested in court.

You would have to prove that it was accidental. Even at that, the onus is on you to ensure you only connect to networks you're authorised to connect to. You're still liable.

No matter how you connect - wired, wireless, intentional or accidental, it's illegal and you can be prosecuted. Legally there is no difference between wired or wireless.

ChipZilla

Paulw wrote:

To clarify.... again .... it's illegal.


It's covered by the European Communities (Electronic Communications Networks and Services)(Access) Regulations 2003 (S.I. No. 305/306 of 2003) This was passed in to Irish law in Nov 2003.

It was also previously covered by Data Protection and Privacy in Telecommunications Regulation 2002 (S.I. No. 192 of 2002).

Ask any solicitor about these. Bottom line, the punishment can include jail time and/or a fine.

Interesting. Cheers.

Capt'n Midnight

I don't think you'd get far in court explaining that the reason you walked into someones open door was because they had a "welcome" mat.

On the other side, using the built in XP wireless configurator, I set up a connection to my AP at home, using the default SSID. Couple of weeks later at work I brought my laptop into the canteen and noticed the wireless lan had connected automatically to something without asking. Someone had setup an AP with the default name and XP didn't ask before conencting and I was given DHCP settings. Needless to say wifi got switched off very fast, I could have caught MsBlaster or something from them..

In this country caps are small so if you are downloading then you are most likley having a direct financial impact on someone..

Spindle

All the replies seem to suggest that the whole area of wirless networks is really grey. I accept that it is illegal to gain access to someone elses network, but is it really illegal when your computer just connects to one, for all I know it could be a free hotspot. I just scanned for wireless networks in the hope that there may be some free wi-fi hotspots around. It then found this network and just connected me not looking for any passwords or any authorisation. I can access the net and the name of the network is just 'belkin54g', which is just a wirless router. So dont have a clue, but all I know is that wirless is not a good way to go for a network choice (unless you have no choice), as I can also see 3 other networks when scaning.

Spindle :rolleyes:

Ah jaysus don't dismiss wireless because of this thread. It is secure as you want it to be and in fairness your not going to go to jail by using somebodies wireless network by accident. Not until we live in some sort of communist state where the BOFH make all the laws.

If I can't get the gardai to get their thumbs out of their holes when my car was nicked what hope is there when somebody "hacks" your wireless network. So sleep easy.

seamus

As the man says. They're extremely useful, and certainly not a last resort. There are the three basic precautions you can take, which should mostly protect you and prevent people causually stumbling across your network. On top of that, you can implement security off the wireless network in the form of firewalls on machines, and packet filtering via a second router, if you're that paranoid.

Basic fact is that any attacker will gain access to your network if he really wants to, wired or wireless. If you can make it good enough to block the script kiddies, and keep and eye on what traffic crosses your network, then you're mostly covered, as those with the skills to push it further wouldn't be wasting their time trying to break into someone's tiny home network.

Paulw

Wireless networks are actually great. I have one at home. But I'm not stupid enough to leave it open. I've it secured as best I can (WEP and MAC addressing).

It's all down to security, just like any other type of network.

I have one too but I leave it totally open.
Brodcast SSID on, no mac filtering, no WEP/WPA. I think it might even have the defualt password on my router.

I live on top of a hill about two miles from the nearest town. If they want to war drive all the way up here they are welcome to it! I couldn't be arsed with security when the chance of getting hax0red is so slim.

Paulw

I guess it's down to your circumstances. I live in an apt with others around me, so it makes sense to secure it, just in case.

Duffman

Paulw wrote:

To clarify.... again .... it's illegal.

It's covered by the European Communities (Electronic Communications Networks and Services)(Access) Regulations 2003 (S.I. No. 305/306 of 2003) This was passed in to Irish law in Nov 2003.

It was also previously covered by Data Protection and Privacy in Telecommunications Regulation 2002 (S.I. No. 192 of 2002).

Ask any solicitor about these. Bottom line, the punishment can include jail time and/or a fine.

Ok tbh I can't see how any of this legislation can be interpreted as making it a criminal offence for a private individual to connect to an open wireless network. The directive and resulting S.I.s were clearly intended to apply to telecomms operators only.

No matter how you connect - wired, wireless, intentional or accidental, it's illegal and you can be prosecuted.

This simply isn't true. If using the wireless is an offence as you suggest, then intention is very relevant here. Someone already mentioned that many wireless cards under XP connect automatically to any open networks they see. It would be very difficult, if not impossible, to prove beyond a reasonable doubt that someone actually intended to access the network and did so manually.

You would have to prove that it was accidental. Even at that, the onus is on you to ensure you only connect to networks you're authorised to connect to. You're still liable.

Eh, No.

One of the fundamental principles of our criminal justice system is that you are innocent until proven guilty. The burden of proof as to your intentions rests soley with the prosecution.

If intention wasn't relevant, it would have to be spelled out in no uncertain terms in the legislation.

What you are doing does not appear to be a criminal offence under Irish law.

secret_squirrel

ronoc wrote:

BOFH make all the laws.

Thats a bit harsh on the BOFH - he'd be the first to take advantage of an unsecured wireless network

Paulw

Duffman wrote:

What you are doing does not appear to be a criminal offence under Irish law.

If you use a network that you are not authorised to use, then you are breaking the law. That's plain and simple.

The initial connection being made without your knowledge is one thing, but using that connection is another.

But, if you want to do it, and risk possible prosecution, feel free.

Duffman

Paulw wrote:

If you use a network that you are not authorised to use, then you are breaking the law. That's plain and simple.

But, if you want to do it, and risk possible prosecution, feel free.

So you keep saying, fair enough.

But do you have any evidence to support this?

Spindle

Hey

Still have that 'free connection' but it does not look like a wireless network it just comes up as a router. And when I scan for wireless networks there are loads of other networks show up some of which are peer to peer others are WLANS and some show up as networks, and most of them are not secure but I would never try a connection with them as they seem to be named with peoples names. But this one is just named belkin so as I am in the UK I thought it may have been a free wi-fi spot.

N'e offers??

Spin

If its called belkin chances are the people have not configured their router at all as it is the defualt SSID for Belkin APs. I would say it is wide open.
So go ahead and use it. But bear in mind its illegal, you definatly will go to jail and you will kill a poor innocent kittty cat. :rolleyes:

Enigma365

It seems established that is illegal although certainly I cannot imagine anyone ever pressing charges, let alone taking you to court over using their internet connection(accessing private files is another issue).

However my question is:

Is it possible to get caught? I mean can you be traced.

Capt'n Midnight

Enigma365 wrote:

Is it possible to get caught? I mean can you be traced.

Almost all AP's keep a record of MAC and IP addresses. If you are sharing with a software based proxy anything more complicated than ICS then it would most likley also store websites visited and IP address. Most firewalls also have logging features.

Here is the kicker - your MAC address is unique. The only legit reason to change it is where you have sw locked to a particular MAC address, and even then you have to set it to the original card (and should keep the original card as proof anyway).

Also if you are using a windows machine all someone has to do is setup a honey pot laden with trojans etc. and unless you are patched to the hilt - and they just wait until your PC calls home.

sberming

seamus wrote:

If it was me, I'd find out who has the network, go to their house with my laptop, and demonstrate my piggybacking. Then I'd charge €150 "Consultancy fees" to secure the network the usual way (Turn off Broadcast SSID, Enable WEP, Enable MAC filtering).

You wouldn't get paid much. WEP has been compromised for over two years now - ever heard of airsnort? WPA2 devices (WiFi Protected Access 2) are now available (http://www.wi-fi.org/OpenSection/Certified_Products.asp) - about as secure as WLAN will get...

masterK

I am noticing the same thing as spindle. I forgot to plug my modem and wireless router in but was still able to connect to the web, I was connected on a connection called 'linksys'. I was wondering is there any way of knowing where this connection is and if it is possible to detect somebody trying to access it.

seamus

sberming wrote:

You wouldn't get paid much. WEP has been compromised for over two years now - ever heard of airsnort?

I'm completely aware of that. But for home use, WEP will do fine.

Jaden

Duffman is correct in this case, the "burden of proof" concept exists so that you are innocent until proven guilty.

If I come accross a WIFI connection that hands out DHCP (thisis an offer), and demonstrates no warning that I am not to use this resource without permission, then I will use it. No court in the land would convict you for doing so. No more than you can be convicted for trespass in a situation whereby the area in question was not maked as private.

I know of several (including one of my own) private hotspots created by people to allow others to connect to the internet at no charge. Alien as it may seem to some, this is commonplace.

It is fair to point out though that the Legal and Moral stance on this issue is very subjective. What I think to be fair is not so for others.

Until I see a piece of legislation that specifically prohibits me from using a publicly available resource by default, I will continue to use DHCP enabled hotspots, in cases where I believe it is deliberately allowed.

I fully understand that some people may disagree with this. That is their perogative. However, it is not mine.

Respectfully Submitted.