The legality of "war driving"
War driving is a term for driving around an area and checking to see if you can pick up an unsecured WiFi signal, often with a WiFi detector. Once you find a signal, you can download e-mail and use the Web. We've picked up signals from motels and other RVers that were unsecured and used them.
In some places this could be illegal and a felony at that. Pete Doddato posted a comment on the post "Connecting to the Internet" referencing an article on FOXnews.com about a fellow who was arrested for picking up a signal outside a coffee shop. In Michigan, a law, introduced in 1979 to protect Internet and private-network users from hackers, and amended in 2000 to include wireless systems, makes piggybacking off of Wi-Fi networks, even those without a password, illegal.
Under the Michigan statute, individuals who log on to a Wi-Fi network with the owner's permission, or who see a pop-up screen that says it's a public network, can assume they're authorized to use the network. If not, they could be subject to prosecution.
It is important to have an Internet connection for many workers on the RV road. They can check forums, receive the daily Hotline if they are Workamper Plus subscribers, and research jobs and areas. There are times when your usual Internet connection does not work.
It would be difficult to know if you are in a jurisdiction where piggybacking on a signal was illegal. Perhaps the mistake this fellow made was coming back to the same location day after day and not getting out of his car. Had he bought coffee, he would have been a customer and entitled to use the signal. However, sitting in the same spot for days, the owner of the neighboring business got suspicious—not because he was using his computer— but because he thought he might be a stalker!
We do occasionally try to find an unsecured signal when we can't set up our Internet satellite dish for some reason. I'm sure many other RVers do the same at times. Be aware, though, that you could be breaking the law. Jaimie
For information on Jaimie Hall's recently revised book, Support Your RV LIfestyle! An Insider's Guide to Working on the Road, 2nd ed., see RVBookstore.com.
In some places this could be illegal and a felony at that. Pete Doddato posted a comment on the post "Connecting to the Internet" referencing an article on FOXnews.com about a fellow who was arrested for picking up a signal outside a coffee shop. In Michigan, a law, introduced in 1979 to protect Internet and private-network users from hackers, and amended in 2000 to include wireless systems, makes piggybacking off of Wi-Fi networks, even those without a password, illegal.
Under the Michigan statute, individuals who log on to a Wi-Fi network with the owner's permission, or who see a pop-up screen that says it's a public network, can assume they're authorized to use the network. If not, they could be subject to prosecution.
It is important to have an Internet connection for many workers on the RV road. They can check forums, receive the daily Hotline if they are Workamper Plus subscribers, and research jobs and areas. There are times when your usual Internet connection does not work.
It would be difficult to know if you are in a jurisdiction where piggybacking on a signal was illegal. Perhaps the mistake this fellow made was coming back to the same location day after day and not getting out of his car. Had he bought coffee, he would have been a customer and entitled to use the signal. However, sitting in the same spot for days, the owner of the neighboring business got suspicious—not because he was using his computer— but because he thought he might be a stalker!
We do occasionally try to find an unsecured signal when we can't set up our Internet satellite dish for some reason. I'm sure many other RVers do the same at times. Be aware, though, that you could be breaking the law. Jaimie
For information on Jaimie Hall's recently revised book, Support Your RV LIfestyle! An Insider's Guide to Working on the Road, 2nd ed., see RVBookstore.com.
19 Comments:
Oh, the world we live in.
I see this issue getting even more complicated with RVers having their own satellite and cell Internet connections and WiFi routers making themselves hotspots.
We have such a system ourselves. We will share our bandwidth, but folks need to ask first for the key.
How about the ethical questions this raises? Someone is paying for the connection. Is it OK to just use a non-encrypted signal?
Safety is another consideration. The WiFi you connect to might be a criminal trying to steal your information. It happens.
Jim
www.geeksontour.com
By Jim, at June 9, 2007 4:17 AM
All the WiFi sites I have used have been offered by the owners, motels, cafes, cities, freeway rest areas. In Moorhead MN WiFi is free all over town. In England most servers are free, no monthly charges. Why not in the US?
By ronmh, at June 9, 2007 4:41 AM
It is a total shame that all we have to focus on in this country is someone tapping into an internet signal floating in the air waves. This is a typical case of companies not willing to pay for research and development to keep this from happening... Encrypt your signal!!
By Anonymous, at June 9, 2007 6:12 AM
now i know to be more careful and buy a cup of coffee :-). if someone doesn't want me to piggyback off their internet, they had better make it password secure. if not, i'm going for it. this is so little in the world that is free and public, internet should be. how is it hurting the person if you piggyback off him. i keep my home wireless unsecure on purpose so that i can share the favor. it is so nice to be able to help out a nameless stranger. we've gotten a bit too selfish, don't you think? - worrying whether some unknown is using our air waves. what next? pay for water? or pay for clean air? oh, we're already doing that!
By nyacking, at June 9, 2007 7:08 AM
On several occasions I have turned on my computer and find that it has automaticly connected to the internet through someone else's connection and find it difficult to disconnect if it is a stronger signal than mine, am I wrong to go ahead and use this? Bill
By Anonymous, at June 9, 2007 7:15 AM
If someone uses your signal to down load illeagle items the problem may end up being yours. By going through your router the finger gets pointed to you not the person in the car using his computer. Never leave your signal unsecured.
By Jerry, at June 9, 2007 7:48 AM
The legal challenge here is not really complex. If you leave your router open for others to use, be they customers or the general public then you can not have a reasonable expectation of privacy, use by only your clientel, or a choice of whom you allow access.
If the coffee shop owner in question was indeed the least bit worried about unauthorized usage of his signal, he could easily change his key on a weekly basis. It could even change daily if the owner so chooses. He could have it printed on the reciept from his electronic cash register by just programing it in. The owner did none of these things.
The law in question is being misapplied, it was written for criminal use of a signal, something that is not occuring here. If you put a bench with your name on it in a public space, that does not give you the right to say who can or cannot sit on it.
The Airwaves are PUBLIC, (at least that is the way they are supposed to be) and the coffee shop is in effect broadcasting a signal in the public good. By rights, if he does not assign any reasonable protection to the contrary, then the owner has no leg to stand on if someone "sits on his bench"
This is more likely about the neighbor business not liking the guy taking a parking spot each day, or maybe the car was not pretty or he looked homeless, we dont have the whole story here.
Mark my words, this sort of law needs to be modified and clarified, or problems for the shop owners might insue later.
I can see a counter-suit in the works against the cops, DA and the shop owner. Man, Somebody call the Electronic Frontier Foundation!
By Matt, at June 9, 2007 9:51 AM
Jim, although alot has been said about ethical questions of using someone's open wifi signal, is it really an issue?
If you purposely put a signal out there for people in general to use, you can not legally limit who uses it just because they use it every day, or they drive a Volvo, or that they are of a certain race, or they like tea instead of coffee. Can't do it. Period, end of story.
Is it unethical to recieve tv on your set and not buy the stuff in the commercials? That is a guilt trip that won't leave the curb! The mfr and use of WIFI devices fall under the juristicion of the FCC which mandates spectrum allocation and use for the PUBLIC GOOD. The shop owner (as well as anyone with a wifi router) is in effect a broadcaster, by their defacto use of the airwaves. The fact they did not take ANY steps to secure it makes it PUBLIC.
The shopowner/broadcaster had no problem with it, the cops felt they had to act in their opinion because the law was so poorly written. As I said elsewhere, it is being misapplied. That law is designed to prosecute people who HACK INTO networks and wifi systems that are restricted. This is not a case of forceful entry to a closed system. The subject was using a free and open service provided by the coffee shop to it's patrons, and by virtue of the lack of a key or password, the public at large.
My favorite argument to this and one that really brings it home, "How long is the buy a coffee use our wifi implied license good for? If I bought a coffee yesterday but am not thirsty today am I allowed to use the system? How about Last Week, Month, Year? Can you prove I did not buy a cup of coffee there yesterday? Sorry paid cash... and I always shred my receipts...."
The more I think about this the more I wish I had a law degree.....
By Matt, at June 9, 2007 10:13 AM
Jerry makes a good point. You can be vulnerable if you are not smart enough to secure your signal. For those who chose not to, beware. If people choose to send their signals outside of their walls without protection, why should the person picking up the signal be held liable if they are in a legal position while doing so (that is they are on public or their own private land)?
By Anonymous, at June 9, 2007 12:30 PM
I have found in my travels that the more expensive RV parks are the ones that want to charge extra to use their net work. The less expensive parks, ie family friendly, are usually free even if password protected.
By Benc, at June 9, 2007 2:20 PM
This information is interesting. As I am rebuilding a 1976 Rockwood 5th wheel to travel/work kamp, and planning to set up for wireless use in campgrounds and such. [High powered antenna system for desktop computer].
I plan to start workamping in about a year and am looking at all aspects of internet connections.
I have Time Warner cable/phone/internet [with 2 extra computer on wireless in the house] and plan to keep active on road. I have had not problems with outside connection to my internet or even proplems.
But wish to learn all I can prior to hitting the road with my computer on board.
Thanks for this info and I will keep on researching all avenues.
By Sonnys Toy, at June 10, 2007 4:01 AM
We were in an RV Park that offered free wifi. I have a small network with a router and Sat Dish, but was using the free setup. Imagine my surprise when I looked at my network connections and found out that a neighboring RV'er was listed. Out of curiosity I found out I could access their hard drive and even the files. If you are going to use wifi, please use a firewall!
By Anonymous, at June 10, 2007 5:25 AM
What is next the power company having me "charged"(lol) for using my solar pannels?
Fox
By Anonymous, at June 10, 2007 5:32 AM
I have heard of a case where a man was arrested for making bomb threats against a high school. They checked his computers found nothing and had to let him go. A month later the same thing happened. Again they came in but this time fiqured out his network was unsecured. Someone was sending the emails through his router/ firewall, which has its own independent IP address. So the emails looked like they were from his computers when it was some punk pulling up outside. He password protected it and that was the end of the problem. The best way to share the net is to change your network BSSID(name) to you or you and your wife's first name, then friendly people can know who to ask.
Cheers, Peace and Happy Trails
-Peter and Tatyana
By Peter, at June 10, 2007 8:48 AM
If you build it, they will come. And if you don't build a fence around it, they will come for free.
By Anonymous, at June 10, 2007 10:43 AM
Here's my two cents -- if when you install your WiFi modem you don't set up a password (which the instructions clearly state you do for many reasons other than piggybacking) then you set yourself up for this.
By Anonymous, at June 11, 2007 9:04 AM
I love the comments from people who say you should protect your connection with a password or you have no expectation of privacy. I assume then that you also believe that if you leave your front door unlocked that I can just come in and you have no expectation of privacy. If I have purchased something - my connection, the ISP fee, the router and you use it without my permission it is theft. Same as if I use your RV without your permission. Some people say it does not deprive me of the use so there is no harm. Well if I live in your house and move away from the room or chair you wish to sit in then you have not lost the use - so no harm? Get real - it does not justify theft just because it makes it easier for you personally.
By Anonymous, at June 15, 2007 2:49 PM
To avoid this problem entirely, all you should check out these websites: Airmail.com and Sailmail.com.
If you were to join the Sailmail Association (designed for boaters and RVers) to get on line, it's expensive for equipment and there's an annual fee. But there's a LEGAL way it can be accessed for FREE as explained below, and you don't even need an email or Internet provider.
Many RVers are getting ham radio licenses (fairly simple multiple choice quiz nowdays - no Morse code anymore) which licenses them to use Sailmail/Airmail for FREE and with relatively inexpensive equipment.
There's also an RV Net that meets on ham radio daily for RV hams to share information on road conditions, best parks, etc.
Go to arrl.org to find out how to get a license and where classes are offered by clubs, though formal classes are not necessary for many. Answers to the questions and practice tests are found on the Internet as well.
By Jim, at August 25, 2007 12:08 PM
Thanks, Jim. My husband, George, used his ham radio to get email before we purchased a satellite Internet dish. He could send and retrieve email anywhere he traveled. Jaimie
By Jaimie Hall, at August 28, 2007 4:56 AM
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