Connecting to Wireless Internet, Illegal?
:::Disclaimer::: Ryan's Computer Consulting Services while expressing its own views in the information below is not offering or providing any legal advise, claiming legal advise, or offering legal advise herein. RCCS also does not claim to be an interpreter of the law, and recognizes the states of Maryland, Pennsylvania, and Michigan in their sovereignty with their independent laws. All citations of the law are presented known and true at time this article was published. Please contact your local state's district attorney for complete details relating to your local laws. :::End Disclaimer:::
The infamous question: "I can get wireless Internet from my neighbor, why do I need to buy an Internet connection?"
This question is very popular and the answer isn't so popular. Simply put, it is illegal to use another's Internet without their consent or permission. In the past I read a report at Fox News about a man in Michigan that was charged (felony) with illegally using a cafe's public, no password, wireless Internet connection via his new laptop. This shocked me, in many ways, but mostly in the area of how often many people on a daily basis access the Internet via a connection they are not paying for. Before reading the information below on Maryland's current law (very similar to Michigan's) please read the entire article at Fox News.
If you have a wireless Internet accessible laptop or desktop, RCCS would not advise carelessly/taking for granted the use of somebody else's Internet access without their expressed and explicit permission. If a wireless Internet connection is available from a business, go and buy a cup of coffee for a buck, sit in their facilities, then use it. It is better to be safer than sorry later.
This past year (2007), RCCS contacted Delegate LeRoy Myers, Jr of District 1c Western Maryland to discuss the current laws in Maryland regarding Internet/Network access. He found the current laws to be as shocking as RCCS did and wanted to take action by proposing House Bill 1377 (voted unfavorable by the Judiciary Committee in Annapolis, MD. March of 2008.) Unfortunately, where things got a grey and distorted in the bill process was when the bill wording made it out to be that accessing any network without permission is a crime. The original proposed truth was to be that if a router was publicly broadcasting an Internet signal then it would be then allowed access and not unauthorized in the way of needing a password or hacking.
To understand what all this means, let's visit the current Maryland Statutes that talks about using another's network without their consent and how it is already a crime without the help of any proposed bills. Under the current Maryland Criminal Law Section 7-302 (a)(2) it quotes: “Access” means to instruct, communicate with store data in, retrieve or intercept data from, or otherwise use the resources of a computer program, computer system, or computer network. The above is a definition of what the current law sees as accessing. Notice that it says to “communicate with” or “otherwise use the resources.” Then the law goes on
to point out “computer network.” A computer network is where two or more computers share resources. Wireless Internet would categorize under this section. Under the current law, many of us, if not all of us, have broken this rule, unknowingly being acceptable to the following consequences. Current Criminal Law Section 7-302(7)(ii) says:
If the aggregate amount of the loss is less than $10,000, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. How would you like that for a fine? The gentleman in Michigan almost got that, didn't he? The good news for Pennsylvanians is that there are already laws in place to protect it's citizens concerning intentional hacking of a computer network versus unintentional under PA Title 18, Chapter 76: Computer Offenses. If a person accesses a wireless access point (router) that is unsecured, it is publicly available just like a radio signal is to a car's stereo. I guess Maryland just needs to have an incident to wake up and see the problem to understand the importance that this bill would have fixed. Next time (Session 2009), the wording will be different and hopefully by then some sense will come from this.
Ryan's Computer Consulting Services has clients in Maryland and Pennsylvania. RCCS takes great responsibility to well inform its clients with accurate information regarding technology, so they can understand how to use it appropriately and without breaking any laws. At this time using your neighbor's Internet access that is readily available could and will get you in a lot of trouble in Maryland. It is only a matter of time before what happened in Michigan will happen in Maryland. In addition to all this, be aware that using your neighbor's Internet connection could also be a violation with the Internet Service Provider that is providing the access. Check with your local Internet Service Provider for details on their terms of use and policies. If you would like to understand more of how to setup a wireless Internet connection in your home or business, check out this article here. Supporting Articles:
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