Maryland turns against Wi-Fi leeching laws

Wed Apr 16, 2008 12:00PM EDT

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I've discussed, with many of you here and offline, the complicated legal and moral debate surrounding so-called Wi-Fi leeching, or the use of another person's wireless signal without permission. While many see borrowing someone else's openly broadcast wireless signal as a crime, others find it a victimless one at worst, amounting to something about as heinous as throwing an apple core into someone else's trash.

The state of Maryland is becoming one of the first states, if not the first state, to side with the latter viewpoint. Its state Judiciary Committee has reported "unfavorably" on a bill that would officially criminalize Wi-Fi hitchhiking, subjecting violators to punishments ranging from a $1,000 fine to three years in jail. If the access point is password-protected, the punishments could hit $10,000 and ten years in jail. Ten years in the slammer for using another person's router! Yow!

Numerous cases of unauthorized Wi-Fi use have hit the court systems in recent years, with generally low penalties. In Michigan, a man who was using a cafe's Wi-Fi signal from his car was ultimately fined $400 and given 40 hours of community service to work off his transgression. (Michigan law allowed for up to a $10,000 fine and five years in prison.) Similar cases have typically resulted in similar sentences, with sub-$1,000 fines and no jail time actually served. But in virtually all of them, the "intruders" are indeed found guilty of some crime in the end.

As a curious side note, Ars Technica notes that the Maryland bill was the brainchild of LeRoy E. Myers, a legislative Delegate who came up with the idea... after a neighbor used his network without permission, because he'd never bothered to set up security for it. His solution was not simply to turn on WPA, but instead to try to write a law to turn his neighbor into a criminal. Epic fail!

Comments on Maryland turns against Wi-Fi leeching laws

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  • 1 Posted by scottiecordes on Thu Sep 3, 2009 9:08PM EDT Report Abuse

    I have posted this point numerous times in various blogs relating to this subject. Aside from the point of this one, if you have wireless, and choose not to protect it, you are risking someone using it for illegal downloading and/or child porn. This will be on your IP, and you will not be able to prove it is not you. You will be the one either in handcuffs, or in a lawsuit with the RIAA. For gosh sakes, implement security on your wireless, and use MAC filtering on top of that. OK, rant over.

  • 2 Posted by nolo_8 on Thu Sep 3, 2009 7:40PM EDT Report Abuse

    Why? If someone gets a router and doesn't secure their network, ITS THEIR responsibility to secure it. All it looks like is someone giving away free wifi. Otherwise, how else will they learn? There's plenty of self help web pages for it, most come with instructions.

  • 4 Posted by peterhess708 on Thu Sep 3, 2009 8:07PM EDT Report Abuse

    Most against WiFi "leeching" is probably due to Service Providers taking advantage of ignorance and mongering against it to protect their profits. Words like "Leeching" and "hitchhiking" only demonstrates their effectiveness here. An investigation behind any laws regarding this, most probably will lead straight to ISPs also. WiFi "sharing" is a good thing! That is, if you like saving money! Regards, Pet????

  • 5 Posted by echollis on Thu Sep 3, 2009 3:51PM EDT Report Abuse

    When I see an open system I assume the owner doesn't care if someone else gets on it. If it's password protected I assume the owner does care.

  • 6 Posted by vixengal on Thu Sep 3, 2009 10:36PM EDT Report Abuse

    If someone is transmitting electromagnetic radiation (a wifi signal) into my home, or a public place, and though my body. I believe I have the natural right to do anything I like with it. On the other hand, If I'm transmitting a signal, it's my responsibility to limit the power to no more than is needed, and to use security for my own protection

  • 7 Posted by agustin2489 on Thu Sep 3, 2009 2:47PM EDT Report Abuse

    Null, I find this law to be a bit much. There should be little packets included with each router that detail how to secure your router. It only would require a bit of time investment.

  • 8 Posted by ryanobo66 on Thu Sep 3, 2009 8:57PM EDT Report Abuse

    I live in Maryland and think that it is useless to have Wi-Fi in cell phones and other devices if it is illegal to piggyback off some one else's network. I personally have a home wi-fi network which in encrypted but sometimes use someone else's network on my iPod touch if I'm away. Its not like im doing something illegal on the network (its usually checking email), so I see no harm in that.

  • 9 Posted by jd_1876 on Thu Sep 3, 2009 4:31PM EDT Report Abuse

    Hey, I "hitchhike" on Internet signals all the time. If they're secured, I can truthfully say that I think and act as if there were no Wi-Fi at all. My router is set up with a WEP password because I don't want anyone getting into mine (and I use my own 99.9% of the time). But if I see an unsecured connection, it might as well be the mall's free Connection Court, where they just took a regular router and didn't set up the security. I have no criminal intent, all of my music is from iTunes or a CD, and unless Google, YouTube, Yahoo, Apple's .Mac, and/or JOYNIC (free ._ _.tt domains) are illegal, I can't say that I use the internet to commit crimes. And jail for using someone else's internet connection... does anyone else agree that this is way over the top? And if there is to be a fine, I really don't think it's worth charging more than $50, tops. Honestly, I don't think there *should* be a fine. Now, if someone were to break into a secured internet connection, that's a whole different story, it's called hacking, which should be a crime, considering the possibility that the hacked network belongs to a business or a bank, that sort of place. Really, it should be a crime even if it's only a secured home network...

  • 10 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse

    Depends on if the person is allowing open access or not - like the FON network - you install a FON router and everyone is freely able to use it for public WiFi access....

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