# Is using someone else's wireless network illegal? **URL:** \ **Category:** Great Debates\ **Created:** [April 14, 2005, 12:48am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218 "2005-04-14T00:48:14Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Roland\_Orzabal](https://avatars.discourse-cdn.com/v4/letter/r/c2a13f/32.png) [@Roland\_Orzabal](https://boards.straightdope.com/u/Roland_Orzabal)\ **Post date:** [April 14, 2005, 3:36am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/41 "2005-04-14T03:36:41Z")
Also, to **mr. meman** : while this doesn’t even remotely qualify as a cite, it is perhaps worth mentioning that every single court case I’ve been able to dig up regarding wireless internet has involved the accused being prosecuted for malicious and/or illegal action taken via said connection (i.e. “warspamming”, theft of personal information, downloading child pornography, etc), and none of these cases have addressed that particular issue at all. Subsequent reports on the cases note the establishment of the illegality of hijacking someone else’s connection explicitly for illegal purposes as described above, but in reference to the hijacking itself, state only that it is advisable to take security measures to prevent this from happening. I have been unable to find a single case dealing with hijacking itself. My WAG, keeping in mind that I am not a lawyer, is that the courts just haven’t tested this one yet, at least not prominently so. Based on that, if it hasn’t been specifically illegalized, I wouldn’t lay odds on any case brought to trial under a broader statute (perhaps some sort of intellectual property theft law) bringing a conviction. But again, I am not a lawyer, this is not legal advice, and my opinion on the matter means absolutely nothing. (Think I’ve got enough CYA here?) Just letting you know what I’ve found. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [April 14, 2005, 3:54am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/42 "2005-04-14T03:54:26Z")
Since this issue appears to be a gray area of the law and has not been tested yet, I see no point in allowing the continuation of what is transpiring here. If anyone can come up with a legal cite showing that this has been litigated, no matter what the decision, I’ll be glad to reopen the thread. Just email me. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [April 14, 2005, 7:40am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/43 "2005-04-14T07:40:35Z")
I’ll reopen this one so that posts can be added which directly relate to cites about legal opinions on the matter. If you want to discuss moral issues, take it to Great Debates. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [April 14, 2005, 10:55am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/44 "2005-04-14T10:55:22Z")
Sorry. I meant to unlock this when I posted last night. Must have been sleepy. ---
**Author:** ![mittu](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@mittu](https://boards.straightdope.com/u/mittu)\ **Post date:** [April 14, 2005, 11:04am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/45 "2005-04-14T11:04:21Z")
Whilst this isn’t a 100% legal cite it is a quote from a “legal director at Public Knowledge, a Washington, D.C.-based technology think tank”. Source: [http://www.post-gazette.com/pg/05086/477876.stm](http://www.post-gazette.com/pg/05086/477876.stm) Relevant quote: > [@](#): > > Mike Godwin, legal director at Public Knowledge, a Washington, D.C.-based technology think tank, said most consumers would not notice if a neighbor tapped into their network to surf the Web because it would not affect the speed or strength of their Internet connection. > > Godwin said it’s not illegal to utilize another person’s wireless connection, but polite neighbors might want to determine whose service they are borrowing and offer to help pay the cost of the high-speed cable or DSL Internet connection. So as long as you commit no illegal act whilst being connected there is nothing wrong with it, at least nothing in a legel sense. Apparently there exists a symbol that these so called wardrivers spray on the side of buildings where a connection can be established. So anybody driving along and seeing a place of business or residential home with this symbol on the side knows they can pull up and check their e-mails. I have no cite for this, I heard it sometime ago but forget where from. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [April 14, 2005, 11:12am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/46 "2005-04-14T11:12:20Z")
1. It’s illegal. 2. We had a thread on this very topic some months ago, in which legal cites were provided and duscussed extensively. 3. One of those cites was the state law of Virginia, which is typical of state laws across the country: Va. Code § 18.2-152.6 prohibits theft of computer services, specficially: > [@](#): > > Any person who willfully uses a computer or computer network, with intent to obtain computer services without authority, shall be guilty of the crime of theft of computer services… The practice is also prohibited by federal law. 1. Reeder is right. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [April 14, 2005, 11:20am UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/47 "2005-04-14T11:20:02Z")
I hope I’m not going to get into trouble for posting something that isn’t a legal cite, but I think it’s important to point out that some of the analogies made above are somewhat lacking - a wireless connection isn’t a simple _broadcast_, it’s a conversation - listening to your neighbour’s music doesn’t deprive him of anything; accessing your neighbour’s wireless internet _does_ - you’d be tying up a portion of the communication bandwidth that he has purchased. He probably pays a flat rate for this, doesn’t use it all (not all of the time anyway) and wouldn’t even notice, but you’re still _taking something_ - in the sense that you’re depriving him of the _possibility_ of using (all of)it. That the portion you’re using is comparatively small is a red herring (or at least can be dealth with by asking _what if fifty people all connect to his wireless internet, rendering his own connection unworkable?_. I’m not qualified to say whether or not there is a law specific enough to cover this, but lets all at least acknowledge _what the issue really comprises_. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [April 14, 2005, 12:09pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/48 "2005-04-14T12:09:11Z")
Bricker, I think I remember that thread, it mentioned an actual case. IIRC, one of those wardrivers who locate open networks went and checked his email through an open Home Depot network. His compatriot was involved in some illegal activities, and the feds used his “theft of computer services” violation to pressure him into testifying. ---
**Author:** ![mittu](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@mittu](https://boards.straightdope.com/u/mittu)\ **Post date:** [April 14, 2005, 12:13pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/49 "2005-04-14T12:13:31Z")
Was that the only case mentioned in the thread? If so then it would still seem nobody has ever been prosecuted for simply accessing the wireless network, only for doing nasty things whilst on there. ---
**Author:** ![Epimetheus](https://avatars.discourse-cdn.com/v4/letter/e/c4cdca/32.png) [@Epimetheus](https://boards.straightdope.com/u/Epimetheus)\ **Post date:** [April 14, 2005, 12:29pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/50 "2005-04-14T12:29:37Z")
> [@Bricker](#): > > > [@](#): > > > > Any person who willfully uses a computer or computer network, with intent to obtain computer services **without authority** , shall be guilty of the crime of theft of computer services… > > 1. Reeder is right. Sounds like this is referring to computer hacking, which is illegal. By unlocking your wireless you grant ipso facto authority. If you lock your connection, anybody entering does so illegally. Not if you leave it unlocked. Reeder is wrong, and so are you. ---
**Author:** ![PatriotX](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@PatriotX](https://boards.straightdope.com/u/PatriotX)\ **Post date:** [April 14, 2005, 12:50pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/51 "2005-04-14T12:50:12Z")
> [@Reeder](#): > > So stealing a dime is ok…just don’t steal a dollar. > > Is that right? It’s more like, picking up a dollar from the sidewalk in front of your neighbor’s house. ---
**Author:** ![Wallenstein](https://avatars.discourse-cdn.com/v4/letter/w/b5a626/32.png) [@Wallenstein](https://boards.straightdope.com/u/Wallenstein)\ **Post date:** [April 14, 2005, 12:53pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/52 "2005-04-14T12:53:34Z")
Two points: 1. I pay per gigabyte for my bandwidth, so if you use my connection I have to pay for it. Therefore from a moral point-of-view you’ve “stolen” from me. 2. It’s almost certainly illegal in the UK [This report](http://www.guardian.co.uk/online/story/0,3605,1383604,00.html) in the Guardian suggests that there “_are no UK laws that specifically outlaw it - as long you as you don’t tamper with files or change settings. Then you could be contravening the Computer Misuse Act, or be classed as a cyberterrorist under the Terrorism Act 2000._” However, there is legislation that cover this: > [@](#): > > David McCandless may be deluding himself and readers that siphoning off someone’s Wi-Fi internet service is legal (Neighbourhood Wi-Fi watch, January 6). In the 1990 Computer Misuse Act (CMA), “computer” was deliberately left undefined. Thus, when you use someone’s wireless access point (Wap), you could be making an unauthorised access for the purposes of section one of the CMA. An adventurous prosecutor could also look at section one of the Regulation of Investigatory Powers Act 2000 and suggest an unlawful interception (is some of the data you are receiving actually intended for the owner of the Wap?). The hijacker’s main protection will probably be the difficulty in obtaining evidence, and the fact that hi-tech police and prosecutors have more noxious adversaries to deal with. > > **Peter Sommer** > London School of Economics > [@Epimetheus](#): > > Sounds like this is referring to computer hacking, which is illegal. By unlocking your wireless you grant ipso facto authority. If you lock your connection, anybody entering does so illegally. Not if you leave it unlocked. > > Reeder is wrong, and so are you. So if you leave your front door unlocked that’s _ipso facto_ authority for me to enter and make myself at home…? ---
**Author:** ![Epimetheus](https://avatars.discourse-cdn.com/v4/letter/e/c4cdca/32.png) [@Epimetheus](https://boards.straightdope.com/u/Epimetheus)\ **Post date:** [April 14, 2005, 12:58pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/53 "2005-04-14T12:58:43Z")
> [@e-logic](#): > > So if you leave your front door unlocked that’s _ipso facto_ authority for me to enter and make myself at home…? No, because it is on your property. Once your wireless broadcast leaves your house and enters my property or public property it is no longer YOUR property, unless it is locked. Don’t want people to access your stuff, lock it up, simple as that. And it is easy to do as well. By keeping your network open and broadcasting on my property, you are saying non-verbally that you don’t mind me using it. And just because it is illegal in the UK or Canada (which it is), doesn’t mean it is in the US. It isn’t. Yet, anyhow. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [April 14, 2005, 1:02pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/54 "2005-04-14T13:02:00Z")
> [@Epimetheus](#): > > No, because it is on your property. Once your wireless broadcast leaves your house and enters my property or public property it is no longer YOUR property, unless it is locked. That’s got to be a bit of a grey area though, hasn’t it? - you’re not just receiving a broadcast that is leaving the property, you’re participating in a two-way conversation that _intrudes into it_. Again, not that I’m saying this is automatically illegal, but lets not pretend the technical details are different from the fact. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [April 14, 2005, 1:03pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/55 "2005-04-14T13:03:42Z")
mittu, that is my understanding. Nobody at the time was able to produce a cite that anyone was prosecuted purely for accessing an open network. I felt the prosecution in the case would certainly have ignored the violation if they couldn’t use it to help prosecute a more serious crime. That doesn’t change the fact that it is technically illegal. I sort of feel like it is similar to trespassing. Even if there isn’t a fence or sign, being on someone elses property without permission is trespassing. You generally won’t get in trouble for it, though, unless you ignore a clear refusal of permission. Cutting across someone’s yard might be inappropriate, but nobody except the crankiest old man will declare you a dirty thief over it either. ---
**Author:** ![Wallenstein](https://avatars.discourse-cdn.com/v4/letter/w/b5a626/32.png) [@Wallenstein](https://boards.straightdope.com/u/Wallenstein)\ **Post date:** [April 14, 2005, 1:07pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/56 "2005-04-14T13:07:16Z")
> [@Cheesesteak](#): > > mittu, that is my understanding. Nobody at the time was able to produce a cite that anyone was prosecuted purely for accessing an open network. I felt the prosecution in the case would certainly have ignored the violation if they couldn’t use it to help prosecute a more serious crime. That doesn’t change the fact that it is technically illegal. > > I sort of feel like it is similar to trespassing. Even if there isn’t a fence or sign, being on someone elses property without permission is trespassing. You generally won’t get in trouble for it, though, unless you ignore a clear refusal of permission. Cutting across someone’s yard might be inappropriate, but nobody except the crankiest old man will declare you a dirty thief over it either. In the UK, at least, I believe that trespass is not a criminal offence (ie. the police can’t arrest you for it). The only sanctions would be: 1. you cause damage during the trespass, and are arrested on criminal charges for that 2. you obtain a court injunction banning access, which the police can then enforce 3. possibly harassment, or threatening behaviour, depending on what you do during the trespass ---
**Author:** ![Gest](https://avatars.discourse-cdn.com/v4/letter/g/9d8465/32.png) [@Gest](https://boards.straightdope.com/u/Gest)\ **Post date:** [April 14, 2005, 1:08pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/57 "2005-04-14T13:08:16Z")
> [@e-logic](#): > > Two points: > > 1. I pay per gigabyte for my bandwidth, so if you use my connection I have to pay for it. Therefore from a moral point-of-view you’ve “stolen” from me. Most operating systems make it trivially easy to prevent someone using your bandwidth with password protection and if you’re on a capped plan then you should do this. The fact that someone doesn’t take such a simple measure suggests to me that they are willing to share. > [@](#): > > So if you leave your front door unlocked that’s _ipso facto_ authority for me to enter and make myself at home…? No. No reasonable person would expect to have an automatic right of entry to your house. Likewise, no reasonable person would expect to have right of access to the files on your computer even _if_ you were so negligent as to leave it open. However, many people are willing to allow others to use (a reasonable volume of) their bandwidth and indicate their willingness by leaving the door open. ---
**Author:** ![Wallenstein](https://avatars.discourse-cdn.com/v4/letter/w/b5a626/32.png) [@Wallenstein](https://boards.straightdope.com/u/Wallenstein)\ **Post date:** [April 14, 2005, 1:10pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/58 "2005-04-14T13:10:18Z")
> [@Gest](#): > > Most operating systems make it trivially easy to prevent someone using your bandwidth with password protection and if you’re on a capped plan then you should do this. The fact that someone doesn’t take such a simple measure suggests to me that they are willing to share.No. No reasonable person would expect to have an automatic right of entry to your house. Likewise, no reasonable person would expect to have right of access to the files on your computer even _if_ you were so negligent as to leave it open. However, many people are willing to allow others to use (a reasonable volume of) their bandwidth and indicate their willingness by leaving the door open. That’s not the same as establishing a right of access in law though? Is it legally acceptable to say I’ve given tacit consent to share my bandwidth by choosing not to password protect it? I know there’s a “common sense” argument, but no-one so far has shown it’s legal? ---
**Author:** ![zut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zut/32/2875_2.png) [@zut](https://boards.straightdope.com/u/zut)\ **Post date:** [April 14, 2005, 1:22pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/59 "2005-04-14T13:22:55Z")
> [@Bricker](#): > > 1. It’s illegal. > > 2. We had a thread on this very topic some months ago, in which legal cites were provided and duscussed extensively. The thread in question is [Legality of using neighbor’s unprotected WiFi internet access?](http://boards.straightdope.com/sdmb/showthread.php?t=294176) Seems like a lot of the arguments in the current tread are just rehashes of the arguments in _that_ thread. ---
**Author:** ![Gest](https://avatars.discourse-cdn.com/v4/letter/g/9d8465/32.png) [@Gest](https://boards.straightdope.com/u/Gest)\ **Post date:** [April 14, 2005, 1:27pm UTC](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218/60 "2005-04-14T13:27:30Z")
> [@e-logic](#): > > I know there’s a “common sense” argument, but no-one so far has shown it’s legal? Laws don’t make things legal, they make them illegal. It would be easier to show a law doing that than to show there are no laws against it. In any case, if I went before a magistrate on this (and I’d need to turn _myself_ in to end up in court) I would rely very heavily on a “common sense” argument. [Previous page](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218.md?page=2) [Next page](https://boards.straightdope.com/t/is-using-someone-elses-wireless-network-illegal/299218.md?page=4)