Wardriving is Legal. Legal opinions.

http://papers.ssrn.com/sol3/papers.c...ract_id=585867

I've been attacked by the cellular hacks on these newsgroups because I
dare logon to open wifi systems and get my email, etc., instead of paying
the jerk cellular phone companies $70/month for slow, spotty service all
hobbled up with "you can't do that" legal jargon to prevent you from
using bandwidth.

According to many law schools and the courts (see the various papers from
this website), what thousands of people are doing with programs like
Network Stumbler to find open systems driving around are perfectly legal
and NOT theft, as the cellular hacks have tried to make it to preserve
company profits. It's just not true.

From the paper marked "Stanford Law School", MIT even has a course setup
to improve your techniques!
"Moreover, the Frankfurter Allgemeine Zeitung declared the movement a
“national sport” in the United States, and also noted that the practice
is quickly moving to Europe. Recently, a how-to wireless-hacking course
has been offered at the prestigious Massachusetts Institute of Technology
(MIT), promising to teach students how to perform wardriving techniques
and how to use “cool wireless tools for [their] tinkering pleasure.”

Screw cellular ripoffs and their denial of services....(c;

Get Net Stumbler from:
http://www.stumbler.net
When you see W4CSC on it, help yourself to my hotspot. It's running
400mw to a 9db omnidirectional antenna up 55'. Range is about 1.5 miles
to a Pringle's can antenna. Got a hotspot? SHARE IT!

Larry
--
http://www.spp.gov/
The end of the USA and its Constitution....RIP

On 2007-06-11, Larry <noone@home.com> wrote:

> http://papers.ssrn.com/sol3/papers.c...ract_id=585867
>
> I've been attacked by the cellular hacks on these newsgroups because I
> dare logon to open wifi systems and get my email, etc., instead of paying
> the jerk cellular phone companies $70/month for slow, spotty service all
> hobbled up with "you can't do that" legal jargon to prevent you from
> using bandwidth.

It's not about cellular at all. If you use an open wifi system, you are
using a system that someone else pays for, generally without any compensation
to them. Now, if they INTENTIONALLY leave it open, there is no legal issue.
The real question is what happens when it is unknowingly left open.

The article cites FCC commish Powell as saying that people who want to
leave their systems open should be allowed to do so. I certainly can't
argue with that, although I won't leave my access point unprotected;
anyone wanting to cause trouble could do so without my knowledge, and
I'd be liable for the damages. But those who don't mind the risk certainly
should be encouraged to share.

I also agree with Powell that most if not all of the bad things that can
be done with open wifi are already covered by existing law enforcement
policies.

However, the article goes on to say that "the criminality of wardriving
remains to be tested in the courts."

I think I have to agree that wardriving itself probably isn't illegal. It's
interesting, because if you leave your house or car unlocked accidentally
and someone steals stuff out of the house or takes the car, they have
unquestionably broken the law. The article you cited indicates that there is
no such clear rule against the simple detection of open networks.

Thank you for posting that link!

Larry wrote:
> http://papers.ssrn.com/sol3/papers.c...ract_id=585867
>
> I've been attacked by the cellular hacks on these newsgroups because I
> dare logon to open wifi systems and get my email, etc., instead of paying
> the jerk cellular phone companies $70/month for slow, spotty service all
> hobbled up with "you can't do that" legal jargon to prevent you from
> using bandwidth.
>
> According to many law schools and the courts (see the various papers from
> this website), what thousands of people are doing with programs like
> Network Stumbler to find open systems driving around are perfectly legal
> and NOT theft, as the cellular hacks have tried to make it to preserve
> company profits. It's just not true.
>
> From the paper marked "Stanford Law School", MIT even has a course setup
> to improve your techniques!
> "Moreover, the Frankfurter Allgemeine Zeitung declared the movement a
> “national sport” in the United States, and also noted that the practice
> is quickly moving to Europe. Recently, a how-to wireless-hacking course
> has been offered at the prestigious Massachusetts Institute of Technology
> (MIT), promising to teach students how to perform wardriving techniques
> and how to use “cool wireless tools for [their] tinkering pleasure.”
>
> Screw cellular ripoffs and their denial of services....(c;
>
> Get Net Stumbler from:
> http://www.stumbler.net
> When you see W4CSC on it, help yourself to my hotspot. It's running
> 400mw to a 9db omnidirectional antenna up 55'. Range is about 1.5 miles
> to a Pringle's can antenna. Got a hotspot? SHARE IT!
>
> Larry

Some people fail to realize that *whatever* someone spews onto the ISM
band (the only spectrum worth mention at this point for data is 915, 2.4
and 5.15-5.825) falls under the same use restriction as CB radio.
Anyone can transmit, anyone can recieve - now, breaking into an
*encrypted* network, no matter how pathetic of encryption (yep, even
WEP56) is illegal but *NOT* due to the RF use, but the actual encryption
breaking itself (DMCA covers this)

There is etiquette issues of course, like don't hog up all of someone's
bandwidth.

There are some issues with running (and using!) a hotspot, like CALEA
compliance, privacy, security, that one should keep in mind. One should
not assume the hotspot they're connected to is any more legitimate than
their non-authorized use of it. You *could* catch the cooties! For a
humorous example see
http://www.ex-parrot.com/~pete/upside-down-ternet.html but this should
serve as a warning. Someone *could* infect files downloaded through
their hotspot just as easily as one can blur pictures...

I'm guessing you've got either the SR2 or Senao 8602+ cards since you're
at 400mW. If you want something thats a bit more exciting you might
want to check out the Ubiquiti SR9. I find them to work amazingly well
on 5 mhz channel bandwidth under Mikrotik RouterOS. 900 mhz breaks
through foliage in a surprising sort of way. I've seen 4mbit @ 6 miles
with some foliage in the way, 7 dBi omni (top of 150' tower) to another
7 dBi omni (top of car) - with more optimal conditions it should work
well over 10 miles.

BS

If a home owner pays for His water and I trespass to get water from his
garden hose then, I can be charged with trespassing and theft. If that
same home owner sprays me with that water and I not on his property,
did i steal the water on my clothes? Or if I catch some and drink it am
I stealing? If that person wants to forbid open access they implement
password protection . As far as I know all routers have this feature.
Just a thought. SS


------------------------------------------------------------------------
View this thread: http://www.wirelessforums.org/showthread.php?t=23177
http://www.wirelessforums.org

Steve Sobol <sjsobol@JustThe.net> wrote in
news:slrnf6r4a4.m6j.sjsobol@amethyst.justthe.net:

> But those who don't mind the risk certainly
> should be encouraged to share.
>

What risk, specifically? I can cut anyone off I don't want using it,
individually. I've had no problem, ever, with abuse. On top of the
enlisted barracks at the air force base, you'll find 3 Pringle's can
antennas pointed at my hotspot. They don't have broadband in the peon
barracks. I'm doin' my part for the troops!...(c;

I see no risk at all. As a matter of fact, if anyone can get to your
system to connect with the internet, you're fairly bust free when the
govt snoops "catch you"....

"Sir. Isn't it a fact that your IP connected to this kiddie porn website
in Bangledesh, as recorded by our illegal wiretap?"

"I don't know. Hundreds of people use my wifi link all the time. I
don't know or care what they do as long as they don't attack me or
another user. I don't track every webpage they look at or the whole
internet would be shut down all over!", I exclaim, innocently.

I'm no more responsible than Comcrap or Verizon. I'm just a pipe to
them....and that stands up just fine in court....no intent!

Larry
--
http://www.spp.gov/
The end of the USA and its Constitution....RIP

"balsofsteele@gmail.com" <balsofsteele@gmail.com> wrote in
news:y3hbi.60816$0x.7198@fe11.usenetserver.com:

> I'm guessing you've got either the SR2 or Senao 8602+ cards since
you're
> at 400mW. If you want something thats a bit more exciting you might
> want to check out the Ubiquiti SR9. I find them to work amazingly well
> on 5 mhz channel bandwidth under Mikrotik RouterOS. 900 mhz breaks
> through foliage in a surprising sort of way. I've seen 4mbit @ 6 miles
> with some foliage in the way, 7 dBi omni (top of 150' tower) to another
> 7 dBi omni (top of car) - with more optimal conditions it should work
> well over 10 miles.
>
>

Senao, but the idea is to to provide STANDARD 2400 Mhz wifi to my, or
anyone else in range's laptop, which isn't on 900 Mhz. The router is in
an inverted plastic bucket up in a tree with the high gain antenna on top
of the bucket to make the coax really short. Ethernet provides both
bandwidth and DC to run it from my 2KW UPS in the shack. Two 330AH golf
cart batteries in series provide UPS power until I crank the diesel
genset. Knology Cable has a natural gas powered UPS driving all the
cable equipment in each node with interconnecting fiber. Telephone
providers, the whole system is independently powered....pretty nice.

Part of the reason you don't have much trouble being a hotspot in a
normal residential area (not a high-rise hacker haven) is the limited
range it covers. My magmount antenna on the car gets 5 open and 7
secured routers from the front yard on net stumbler, not including mine.
Hardly anyone even cares its there. It's not like you're providing 25
mile coverage over the data ghettos.

Larry
--
http://www.spp.gov/
The end of the USA and its Constitution....RIP

http://arstechnica.com/news.ars/post...m-his-car.html

http://arstechnica.com/news.ars/post/20060622-7111.html

http://www.adn.com/news/alaska/story...-8559268c.html

http://www.techdirt.com/articles/20070226/004000.shtml

http://www.sptimes.com/2005/07/04/St...a_new_br.shtml

There are many more....


"Larry" <noone@home.com> wrote in message news:Xns994C7DF29A608noonehomecom@208.49.80.253...
> http://papers.ssrn.com/sol3/papers.c...ract_id=585867
>
> I've been attacked by the cellular hacks on these newsgroups because I
> dare logon to open wifi systems and get my email, etc., instead of paying
> the jerk cellular phone companies $70/month for slow, spotty service all
> hobbled up with "you can't do that" legal jargon to prevent you from
> using bandwidth.
>
> According to many law schools and the courts (see the various papers from
> this website), what thousands of people are doing with programs like
> Network Stumbler to find open systems driving around are perfectly legal
> and NOT theft, as the cellular hacks have tried to make it to preserve
> company profits. It's just not true.
>
> From the paper marked "Stanford Law School", MIT even has a course setup
> to improve your techniques!
> "Moreover, the Frankfurter Allgemeine Zeitung declared the movement a
> “national sport” in the United States, and also noted that the practice
> is quickly moving to Europe. Recently, a how-to wireless-hacking course
> has been offered at the prestigious Massachusetts Institute of Technology
> (MIT), promising to teach students how to perform wardriving techniques
> and how to use “cool wireless tools for [their] tinkering pleasure.”
>
> Screw cellular ripoffs and their denial of services....(c;
>
> Get Net Stumbler from:
> http://www.stumbler.net
> When you see W4CSC on it, help yourself to my hotspot. It's running
> 400mw to a 9db omnidirectional antenna up 55'. Range is about 1.5 miles
> to a Pringle's can antenna. Got a hotspot? SHARE IT!
>
> Larry
> --
> http://www.spp.gov/
> The end of the USA and its Constitution....RIP
>

"Ness_net" <richard@nomore.damn.spam.nessnet.com> wrote in
news:obSdnZ44k_rgePDbnZ2dnUVZ_vWtnZ2d@giganews.com :

> http://arstechnica.com/news.ars/post...n-arrested-for
> -using-cafes-free-wifi-from-his-car.html

Can't wait to see the CONVICTION records, not just the news reports trying
to scare off the users. This Michigan state law will be interesting to
watch. I hope the defense team has at least the brains to call in the FCC,
who very jealously guard their RF turf in all state/local cases. RF is not
in the state's domain. It's Federal and always has been....

Time will tell.

Larry
--
http://www.spp.gov/
The end of the USA and its Constitution....RIP

If you're sprayed with water its actually ASSAULT!! Hey, it *has* happened.

BS

sailingsoul wrote:
> If a home owner pays for His water and I trespass to get water from his
> garden hose then, I can be charged with trespassing and theft. If that
> same home owner sprays me with that water and I not on his property,
> did i steal the water on my clothes? Or if I catch some and drink it am
> I stealing? If that person wants to forbid open access they implement
> password protection . As far as I know all routers have this feature.
> Just a thought. SS
>
>
> ------------------------------------------------------------------------
> View this thread: http://www.wirelessforums.org/showthread.php?t=23177
> http://www.wirelessforums.org
>

Larry wrote:
> Steve Sobol <sjsobol@JustThe.net> wrote in
> news:slrnf6r4a4.m6j.sjsobol@amethyst.justthe.net:
>
>> But those who don't mind the risk certainly
>> should be encouraged to share.
>>
>
> What risk, specifically? I can cut anyone off I don't want using it,
> individually. I've had no problem, ever, with abuse. On top of the
> enlisted barracks at the air force base, you'll find 3 Pringle's can
> antennas pointed at my hotspot. They don't have broadband in the peon
> barracks. I'm doin' my part for the troops!...(c;
>
> I see no risk at all. As a matter of fact, if anyone can get to your
> system to connect with the internet, you're fairly bust free when the
> govt snoops "catch you"....
>
> "Sir. Isn't it a fact that your IP connected to this kiddie porn website
> in Bangledesh, as recorded by our illegal wiretap?"
>
> "I don't know. Hundreds of people use my wifi link all the time. I
> don't know or care what they do as long as they don't attack me or
> another user. I don't track every webpage they look at or the whole
> internet would be shut down all over!", I exclaim, innocently.
>
> I'm no more responsible than Comcrap or Verizon. I'm just a pipe to
> them....and that stands up just fine in court....no intent!
>
> Larry

CALEA doesn't quite agree with you.

The responsibility falls to the provider, which you become,
kinda/sorta... We'll see how the hand plays out in court.

BS