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Monday August 22, 2005 9:17 am

Wardriving: Curiousity Is Now a Class Three Felony




Wardriving has become a favorite pastime for many, myself included.  Most wardrivers, again including myself, are not out to steal people’s identities, infect someone’s computer with spyware or pass along a virus.  Nor do they really have any desire to delve into the personal files and programs or track their behavior.  Most of the time, the interest is in finding a network connection, not exploiting it for any criminal reason.  In other words, plain and simple curiosity —
“Hey, I wonder if there’s wireless here?  No?  Well, what about here? Sweet!”

NEW YORK (CNN/Money) - Police have charged a Florida man with a third-degree felony charge, after he was arrested for accessing a St. Petersburg resident’s wireless Internet network without permission.

Curiosity, apparently, is now a class three felony.


Read More | CNN.com


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Comments:

he accessed the network, not sniffed it out.
what’s the point here?

Your “argument” is sophistic, at best.  Yes, some people are less than bright for having an unsecured personal network.  Yes, it’s easy for you access.  But just because you can do something, that doesn’t mean you should do it.  It would be quite easy for you to open a random homeowner’s back gate and walk around in their yard.  But it’s still trespassing, and it’s still wrong.  It’s privately-owned property, just as the network entity is privately-owned property.

If you’re so bored that looking for network hotspots is high entertainment for you, I’m sure we can find a more constructive use of your time.

I didn’t realize I was making a philosophical argument - I thought I was trying to share an interesting, possibly relevant, article about a guy who got arrested for something ofo questionable legal status.

My bad.

I think that another point is that there is a difference between what you do and what a malicious hacker would do with the information - however, just because you aren’t going to do something malicious doesn’t mean that there isn’t someone else out there who would.  I think its an interesting arguement though. I saw this demo at www.lucidlink - and it shows exactly what the hacker sees.  Its honestly a little concerning when you see how easy it is - it definitely made me think twice.

No I thought the Airways in the US are free and could only be regulated by the FCC.

Yes browsing there computer may be a crime, but access the internet through their “wide open” AP should not be a crime any more the walking the side walk in front of their house.

Ok, stop right there, yes the network is controled by the brodband supplier, but I can let any one use my phone if I want, and I have an all you can eat plan so it wont cost more.

I really dont see the big deal, I have my AP wide open, but my computers locked up, if I dont want some one to use my bandwith I can block it.

Lets get real, this law is eather to protect people to dumb to protect themselfs or to force every one on a pay service.

And then Again I might be wrong
ErstO out

Man, St. Pete is full of crazy freaks and old geezers!

Actually the title of your article is incorrect to say the least.  First off let me define what wardriving is and isn’t: 

WarDriving is:
The searching for wireless networks by means of a roaming (driving, walking, busing) wireless client. Sometimes accompanied by a high gain antenna and GPS.

WarDriving is NOT
WarDriving is NOT illegal or unlawful in any form or fashion in the United States.
WarDriving is NOT about theft of services.
WarDriving is NOT about unauthorized access.

What this fellow in St Pete’s did was NOT wardriving by any means.  What he did when he connected to the access point was something illegal and highly frowned upown by the wardriving community.  I for one am outraged that wardrivers are lumped in and used as scapegoats for people who break the law.

Yeah this case you described isn’t actually war driving, but rather piggybacking. Piggybacking involves connecting to someone’s wireless and using it without their permission.

“What he did when he connected to the access point was something illegal…”

Not necessarily, though some places do have laws against, it other jurisdictions may not. Piggybacking is more of a gray-area topic in most places rather than being black and white legal or illegal.

I’m tired of all these idiots. dumb ##### dont even know what war driving is. its not illegal..

anyway others have said what needs to be said…. I dont need to rant

I do not know what the legal difference is between “wardriving” and tuning around with any other kind of a radio and listening, or viewing whatever you might come across. That is as long as you do not attempt to divulge whatever you have received to others, or use the information for some illegal purpose. An exception to this is/was the Congressional law that said that it was illegal for you to listen to the early cell phone conversations. These were not encripted and the cell phone industry ask along with campaign donations for the congress to pass such as law. Of course anyone having a radio receiver capable of doing do could and many people did listen to these conversations at will and unless they exposed themselves and their activities, there was no way they could be easily be detected. The campaign donations superseeded any common, or technical sense when they passed this stupid law. In addition to what you might want to do with your receiver, the law also forbid manufacturers from building radios that could receive these cell phone transmissions among other stupid things.

So yes, the government can outlaw wardriving of sorts as long as nobody botheres to challenge the law, but the government at any level seldoms listenes to common sense, or what is actually possible. Then if you tell the wrong person about your hobby, you get charged with a crime that you probably can’t afford the cost of defending yhourself.

Who own’s the so called airwaves? Why the people do, thats us and the Federal Government rules the use of the airwaves on our behalf. They have the power to make any rule they want no matter how stupid it may be and if you break the rule and get caught, it’s down the tube you go without an expensive defense and a good arguement. So if wardriving is in your interest, be sure that you do not break any laws or be prepared to be sneaky if you do. You might still be caught and pay the price.


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