posted on July 13, 2005 09:28:46 PM new
Since it is almost time for me travel again and I want to be able to keep auctions going while I am on the road, I have been concerned with using the unsecured household wifi spots I have found. I started doing some research because the last thing I want to do is get busted by the Feds or something. (And I usually consider myself not very paranoid, lol.)
Seems the WiFi laws are still pretty grey.
Found a good article for those of you are interested.
Opens more questions than it provides answers, but makes you think even if you are just a home user who has just set up a WiFi.
Contributed by Mike Masnick on Monday, May 3 2004 @ 10:34am
A few weeks ago we wrote a post wondering if it's illegal to get hacked. Tower Records was fined for having their customer records hacked, with the rationale that they didn't do enough to protect them. While it makes sense to fine a company that has revealed customer records, this becomes a slippery slope. What if you put in place all sorts of protective measures, and hackers still get through? Or, take the argument in a different direction - what if you think it's fine to leave your system open? With that in mind, Mark Rasch takes a look to see whether or not using WiFi may constitute a felony. It seems like a fine line, but if someone felt it was necessary, you could get in an awful lot of legal trouble for using WiFi. On the end user side of things, connecting to an open WiFi access point may run afoul of laws that make it illegal to "knowingly access a computer used in interstate or foreign communication 'without authorization.'" If the response is that the system was open, and thus the authorization was implied, then does that apply to situations where a customer database is left open as well? What if the security is so flimsy as to basically be non-existent. Where's the line? On the other side of things, Rasch points out that just by setting up a WiFi network, you could be in trouble as well. Unless you carefully make sure that no one outside of your home can access the network, you may run into problems with many state laws that make it illegal to "share" an internet connection, the same way it's illegal to share a cable or satellite TV connection .
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So, is it legal or not??? Especially that part about a Federal law, "knowingly accessing a computer used in interstate or foreign communication 'without authorization.'"
That sounds like it would definitely make using an open WiFi for Ebay illegal. But then I would not be accessing their computer, I would just be accessing their router.
posted on July 13, 2005 09:48:04 PM new
Accessing a private wifi connected to an ISP that someone else is paying for, without their express permission, is no different than tapping into their cable t.v. systen, telephone or electrical system. It's theft of services, either from the subscriber or the utility, depending on where the tap is installed. It's definitely illegal in some states, including California. You are correct in that it's a gray area as far as Federal law is concerned, but the fact that it involves interstate communications does seem to invite intervention from the FCC. And the fact that wireless communications devices such as WiFi use radio waves that are regulated under Part 15 of the Federal Communications Act gives the FCC full authority to jump into the trough, right up to their snouts whenever they want.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on July 13, 2005 09:53:50 PM new
Good point Sparkz, luckily the local library in KY provides free Wifi. I can always write my auctions off line and then sit in their parking lot and surf.
How spoiled is this??? We now have a super nice Lance camper and can park in the library parking lot and surf all day from the comfort of "home". LOL
Also found this great article that really gives a bit clearer interpetation of the laws that would apply.
