Man arrested for stealing wifi broadband

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This is interesting….

ITN - Man arrested for stealing broadband

A man who was spotted in the street using his laptop to access an unsecured wireless connection has been arrested.

The 39-year-old man was seen sitting on a wall outside a home in Chiswick, west London, by two community support officers.
Dishonestly obtaining free internet access is an offence under the Communications Act 2003 and a potential breach of the Computer Misuse Act

When questioned he admitted using the owner’s unsecured wireless internet connection without permission and was arrested on suspicion of stealing a wireless broadband connection.

The man was bailed to October pending further inquiries.

Dishonestly obtaining free internet access is an offence under the Communications Act 2003 and a potential breach of the Computer Misuse Act.

I wonder if he’d have been arrested if he was using a PDA or n800 ?

It’s also interesting how it’s considered stealing, I wonder if you could argue if they were giving it away… If I leave my front door open and you walk in and use my DVD player I wonder where the law stands on that ?

nick

 

5 Comments

  1. Texrat Says:

    Although the rank-and-file seem not to understand it, ease of access does NOT negate laws governing theft. In some cases, in some areas, it does mitigate the circumstances (a car driver leaving keys in his vehicle can be charged as an accessory to theft) but the law stands clear: steal, regardless of the access situation, and you can rightfully be charged for it.

    Your DVD example is very poor and if you think it is relevant you haven’t thought it all the way through. No one has a right to even enter your domicile without permission, period (unless it’s the police with a warrant), door open or otherwise. By the same token, even if a neighbor’s wifi is unsecured, they are still paying for it and unless they’ve given express consent to piggyback on it you just flat do not have the right to do so. Now, it could be argued that naming the access point something like “Free Wifi for Anyone in the Area” could constitute consent, but maybe that goes without saying. ; )

  2. [NICK] Says:

    I was thinking of the DVD example as a “use something without permission” rather than steal, I cannot think of any laws that are targeted in quite the same way, but you’re right the entering domicile thing does make it poor … it just doesn’t seem quiet right….. if wasn’t there some case where by a hacker got off because the FTP banner said welcome, I know this isn’t the same but it feels pretty close… Open Wireless access does feel pretty close to an invite.

  3. zeph88 Says:

    Heres a better example for you. Say you are walking down a street and see a television is on thru a window of a house that is right there, u also are able to hear the tv. so u decide to stay put for a while and enjoy the movie thats playing. u just used several things u did not own, ask permission to use orany such thing. this wAs however not a crime since anyone could see and hear the tv without breaking into the house for example, this includes ppl who wear glasses or use hearing aids. now since We can even sence the wireless access point without aid we use electronic devices (like hearing aids) howevr the wifi is still freely accessible from public domain, say the middle of the street. thus the questIon arises, the internet has no price tag or owner. so does an access point that is readily available to anyone without any special tricks or ruse (hacking) become the object of a crime or an open invitation to partake of the internet?

  4. [NICK] Says:

    thanks zeph88, that’s what I meant, the computer act states something like dishonestly obtaining an internet connection, my school of thought was the bloke was just sat outside and didn’t have to do anything clever to connect (as it was open) so him being arrested just didn’t stick right in my mind, now if he’d have had to crack a wep key or something now that I agree would have been an offence.

  5. zeph88 Says:

    My pleasure m8,
    I do believe that theft is bad, but how can be theft or illegal access when no practical law is broken? its somewhat of a loop hole really. but the guy did nothing wrong.

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