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Peter Cochrane’s Blog: Borrowing Wi-Fi is not a crime

Takeaway: If it is, I may be off to jail someday soon

Written over the mid-Atlantic, and despatched later via free terrestrial Wi-Fi from a place in the UK I had better not disclose

A few days ago I walked into a public rest room and found 25c on the floor. I picked it up without a thought and deposited it in the tips jar of the restaurant as I exited. Later that day it started to rain and I took refuge under the awning of a shop until the shower subsided. That evening I wanted to read a map more clearly so I made use of the light from a shop window. The next day my travels took me to a gas station without any restrooms, so I just popped into a nearby fast food place and used theirs.

A few other incidents saw me using someone’s private drive as part of a three-point turn. I also wrote some notes using a hotel pen, and pocketed a few leaves of note paper from the same source. Would you call any one of these acts a crime?

I have also, of course, been using free Wi-Fi internet access whenever it has been available. And available to me means the WEP isn’t on and a DHCP setting results in an address allocation and access to the internet. I never ask or look to ask anyone’s permission, I just connect!

In some countries this now seems to have become classified as a crime. Recent court cases in the UK, Canada and the US have garnered significant publicity. The ones I can go along with are those involving real security issues and/or use of the internet connection for child porn trading. But not the rest! If I am to go to court for using freely available and unprotected Wi-Fi, then my use of shop lights, toilets, shop awnings and someone’s drive should qualify me as a criminal too. Why? Because they cost more than Wi-Fi access!

Surprisingly the law in Germany does not qualify the hijacking of Wi-Fi internet access, with or without WEP protection, as a crime. Interesting stuff for sure. I can remember when a UK citizen listening to anything other than the BBC was committing a crime. Indeed, CB radio was also banned, as were car radios without an individual licence, not to mention any form of off-air recording.

Did anyone take any notice? No! So will this growing silliness over Wi-Fi access prevail? I think not! It seems to me the law is being a bit of an ass (again) and wasting an awful lot of time, money and effort on a trivial issue - just like the 25c in the washroom.

If anyone is criminally charged for using my various home and office Wi-Fi systems to access the internet for free, I will defend them myself. I leave my systems open specifically for casual users. And so do many of my friends and colleagues worldwide.

If WEP is turned off on a network, it is a clear invitation to take advantage of the freedom afforded - just like a drive without a gate, or a rest room without a lock. If WEP is turned on, it clearly says ‘For Private Use Only’. If someone purposely cracks a Wi-Fi WEP network, they are clearly a bit-burglar. And should they commit some illegal act using any form of Wi-Fi network - open, closed, home, office or hotspot - then they should be subject to the due process of law.

As for the rest… we may need a little uncommon sense!

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Peter Cochrane

About Peter Cochrane

Peter Cochrane is an engineer, scientist, entrepreneur, futurist and consultant.

Peter Cochrane

Peter Cochrane
Peter Cochrane is an engineer, scientist, entrepreneur, futurist and consultant. He is the former CTO and head of research at BT, with a career in telecoms and IT spanning more than 40 years.