Wireless internet use could be considered theft

by Kelli Cheatham (kcheatham@wsbt.com)

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Using someone else's wireless internet connection could be considered the same as stealing. (WSBT photo)

By WSBT News1

SOUTH BEND — If you use someone else's wireless internet connection, you could be breaking the law. Local investigators say Wi-Fi theft is very difficult to police.

It seems like wireless internet access is everywhere these days — in restaurants, hotels and homes.

"Accessing an open wireless network, most people don't even realize it's happening," explained St. Joseph County High Tech Crimes Commander Mitch Kajzer.

But police say that access is often happening illegally. For example, if you're sitting in the parking lot of a business and using its wireless internet from your lap top, police say you're committing a crime called Computer Trespass.

Part of that statute makes it illegal to log on to any private internet connection. Prosecutors and investigators say the fact that the signal is out there and available to anyone makes the statute a gray area.

"There's concerns about whether or not you could actually charge theft because you're not actually taking anything from that business who provides that service," explained St. Joseph County Prosecutor Mike Dvorak. "They're not paying any more for it, because the person sits out in the parking lot, hacks into it."

Commander Kajzer also explained how the boundaries of a business's wireless networks aren't clear. Should the boundary end at the door or the edge of the property? What about nearby neighbors who can access the signal?

But Prosecutor Dvorak admits you'll have to do something worse than using someone else's connection to get in serious trouble.

"Our greater concern is what someone is stealing from someone else," he explained. "What that interloper is taking from you: identification, defrauding you and taking money out of your account."

If you have a wireless connection and don't want it open to the public, you can easily set it up to be password protected. You can also disable the signal that lets other people in the area know you have Wi-Fi.

Thursday, Jan 31 at 3:58 PM dave wrote ...

a little bit of commonsense could go along way on this wifi issue, but commonsense has died in this country, so who knows how it will be resolved

Thursday, Jan 31 at 9:46 AM Rick wrote ...

Lets also prosecute the owners for contributing to a crime by not locking their network up. Duh! Hello!!!! We also need a law regulating coffee temperature at fast food places so people do not burn themselves. Lets have lots of laws since common sence has escaped society nowadays.

Thursday, Jan 31 at 8:41 AM Tom wrote ...

hey you morons is the air around your house to. Take about 5 minutes and think before some of you people actually talk.

Thursday, Jan 31 at 8:08 AM Me wrote ...

I think that if you don't want me to use your internet.. Keep the signal out of my house. It should be considered trespassing if your signal invades my property. If it's in my house, I should have the right to use it how i want. If you don't want me on it, Keep it out.. I never asked for your signal to come to my house.

Thursday, Jan 31 at 6:40 AM Allyn Fozkos wrote ...

Justify it all you want.(the signal is in my house, the owner is to stupid to secure it ect...) Internet service has to be paid for. If you use it without permission, YOU ARE STEALING! Ask the Satalite TV Guys about That. In the end, "we" are not the ones you have to convince.......

Thursday, Jan 31 at 3:09 AM Muppet wrote ...

If someone is stupid enough not to secure their network, then it's free surfing. Securing your network is not that difficult. Just read the instructions and follow the steps on your network connections. Come on people! It's not rocket science. But beware you freeloaders, the network owners can trace your activity. It's all about security.

Thursday, Jan 31 at 1:35 AM Mykal Lakim wrote ...

If you have WIFI, lock it off if you don't want it to become public access. If you don't lock it off, you relent to others using it. It's that simple. It isn't theft so much as a person complaining about others using something they made open to the public.

Wednesday, Jan 30 at 11:40 PM Techsmartz wrote ...

Bust them! Those who steal are- well?? STEALING! Simple as that, my network can't be tapped via wifi cuz I ain't got it and happy with it! I ain't got a cell phone either, I've even asked my auto insurance for discount on premiums since I don't have a cell phone (distraction device). Have a nice day my insurance man said as he cracked up in laughter-but later admitted "nice try". Besides, if I'm on the go, my gadgets stay home.

Wednesday, Jan 30 at 10:45 PM curt wrote ...

i worked in local hotel an we had ppl sit out in parking lot using are service we just run them off but they a laways come back

Wednesday, Jan 30 at 9:49 PM anyomous wrote ...

I think that wifi us alot like having a cell phone. When you have a cell phone, you get a signal to make a call from you cell. I think that it is not against the law if you use the wifi for checking your e-mail and things like that. But you use it to steal people's personal stuff like their credit card numbers and bank info than is against the law. That is why there is secure and nonsercure wireless internet out there.

Wednesday, Jan 30 at 9:42 PM jackie wrote ...

Ok here is one for everyone.If it is illegal to gain internet this way then the government should be behind bars.Look at the on-star for vehicles they want to tap into that without you knowing or without your permission isn't that considered theft and invasion of privacy?Why spend hard working peoples tax dollars on something so rediculus?As it is we pay taxes to the police depatrments to keep crime low and to keep drugs off the street and they can't even keep up with that.

Wednesday, Jan 30 at 7:18 PM phil wrote ...

it is a radio signal over public airwaves, right?

Wednesday, Jan 30 at 7:03 PM Tom wrote ...

The police cant handle writing speeding tickets, let alone worrying about who is using someone elses wifi signal. give me a break, who thinks of this stuff.

Wednesday, Jan 30 at 6:24 PM Anon wrote ...

This is ridiculous, you could never prove anything like this in a court of law. Get a life.

Wednesday, Jan 30 at 2:42 PM Nick wrote ...

Computer Tress Pass??? his is ridiculous. If they do not secure their wireless then it is considered a public acess point. Of corse you have good old South Bend Police Tech Crimes unit on this. I don't believe that any local or state authorities has the talent to have a tech crimes unit. You need to go to the federal level to get people who are even qualifed to call themselves technical people. About 90% of people who work in IT are not qualified to do so.

Wednesday, Jan 30 at 2:07 PM David wrote ...

Not everyone is "tech savy" to know how to secure their network. We don't own the airwaves and its fair game.

Wednesday, Jan 30 at 2:02 PM Christine wrote ...

Over the summer, I was in the suburbs of Chicago, IL; I was lost. I heard the tornado siren going off, so I grabbed my laptop on got on to Panera Bread's sinal from a parking lot. I saw that there was a tornado warning, so I found the Panera that I was getting the signal from, went in and notified the employees, and customers who had no idea. The tornado was less then a mile away, so I think that using another persons wifi is ok, as long as it's an advertised signal, for instance "free wifi".

Wednesday, Jan 30 at 12:59 PM Amy wrote ...

Just because the neighbor may be naive enough not to password protect their service gives NO ONE the right to just surf for free - if you are a good neighbor and know how to do this, why don't you be decent enough to let them know how to protect their wireless. Using that logic, if you leave your door unlocked shouldn't a burglar have a right to enter your house? I get tired of people not doing the right thing.

Wednesday, Jan 30 at 12:49 PM Jesus wrote ...

Just because I leave something out does not mean you are allowed to take it. It's all about permission,that simple. Just because your computer enables you to log on to a any open wi-fi connection does not make you less liable, you need to be responsible for your property. It doesn't have anything to with the "stupidity" or "ignorance" of the owner of property that isn't yours. If you don't have permission to take something, it is theft. You learn that in Kindergarten.

Wednesday, Jan 30 at 12:39 PM Been bitten wrote ...

I recently discovered my wireless was being used by a greedy neighbor. I wouldn't have minded sharing my internet high speed access because I live in an area where high speed isn't available except with satellite which is a lot more expensive than other DSL options. This greedy neighbor decided to download more than the 200 mg allowed under the fair access laws and I was put on moderation. I do mind not being able to use my access whenever I want. I am now secured and the neighbor is out.

Wednesday, Jan 30 at 11:55 AM Anonymous wrote ...

Folks, there is a security issue. For instance, if your neighbor is using your service to download illegal content (say, music files from Kazaa), you're the person that's going to get sued. Not your neighbor. Yeah, people should secure it. But if you're also in an area where your neighbors aren't securing their network, you can set up your computer so that it "always log on to yours." there's a difference between a business offering free access and someone just stealing it outright.

Wednesday, Jan 30 at 9:31 AM Ghent wrote ...

I think if somebody is leaving their wireless network unsecure that they are wanting people to access it. If they do not want people on it they should secure it with WPA pre shared key encryption. It is ridiculous to arrest for somebody connecting to an unsecured wireless network. Some of the major computer manufactures come out of the box with the settings to automatically connect to a wireless network the owner should not be legally responsible for their wireless device connecting to a network

Wednesday, Jan 30 at 9:05 AM Iced In wrote ...

The real problem is this...it's a bandwidth issue. Which simply means, the more users accesing a particular network, the slower some computers can become. I worked a business two years ago that was losing internet speed because a company across the street was using our connection without our knowledge. Once we realized this we were able to block their access with security protocols, But that meant eliminating the "Free Wi-Fi" concept from our patrons.

Wednesday, Jan 30 at 9:03 AM Kim Sabitch wrote ...

If you're too dumb to know how to secure your wireless internet then you deserve to have other people "steal" your service. I have two neighbors who have unsecure signals which are "trespassing" inside my house. It's not my fault that my computer "automatically" connects to the strongest signal it receives. When they secure their signals, I'll stop using their internet connection for free.

Wednesday, Jan 30 at 8:40 AM anon wrote ...

Businesses don't care if you use it if it's open like that, don't go looking for trouble, you don't need to prosecute people for everything for goodness sakes, get a real criminal!

Wednesday, Jan 30 at 7:54 AM Sarah wrote ...

What about all the bussinesses that allow you to access the internet? I think that those businenesses are at thier own risk. Most people don't do any harm they just get on to just surf the net thats all. There realy is nothing to worry about.

Wednesday, Jan 30 at 7:46 AM Greg Furry wrote ...

Unless you are using someone's connection for something illegal this is not stealing in my book. If someone had their water hose on and laying in the street and you took a drink would you consider that stealing?

Wednesday, Jan 30 at 7:23 AM Anon wrote ...

This is stupid to even think about prosecuting. If I am in a public place and the owners of the wireless network haven't locked it, it is fair game. I am not looking at personal files of the business, just surfing.

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