Busted For Borrowing Library WiFi

[Jakalwarrior]

Stealing free internet, is that possible?

 

[Ockie]

Okay, here, everyone go read:

News articles:
http://www.kodiakdailymirror.com/?pid=18&path=A/AK_FREE_WIRELESS
http://www.adn.com/news/alaska/story/8667098p-8559268c.html

Library:
http://www.cityofpalmer.org/index.asp?Type=B_BASIC&SEC={BAAAF813-5BC0-4EA2-BA9D-187B22B86966}
http://www.matsulibraries.org/palmer/
http://www.matsulibraries.org/ - Library management

 

[shadowfax]

Past crimes? I was simply indicating that they are charging him for other crimes or are looking at it.

Not according to the article:

"he now faces possible criminal charges for illegally accessing WiFi at the Palmer, Alaska library after hours"

He was warned a few times by cops who had better things to do and were nice, he returned again and continued to do the same things over and over.

Not in this case. Pirating wifi from a home user who is not inviting you to be on his network is quite different from using wifi that has been offered to the public by a government (or business, if you prefer) entity. The public has been invited to use this wifi. Unless there is a notice that is clearly visible to anyone who is in a position to use this wifi (which means posting it on the door doesn't count, since you might not see that if you're sitting in the parking lot) that explicitly says the public is not invited to use it at certain hours, then I don't see where he's done anything wrong.

Look at it another way. The library claims he's using their network resources after they're closed and that's wrong. Is it then a crime for me to go to their website after midnight?

I think more than just you missed that article.

I read it again. I didn't miss anything. If you have more knowledge of this case, please, tell us where you learned it.

 

[ICOM]

I don't know which is more pathetic. The library for leaving the door open or the no-life loser who's playing WOW on stolen bandwidth.

 

[Ockie]

Not according to the article:

"he now faces possible criminal charges for illegally accessing WiFi at the Palmer, Alaska library after hours"

POSSIBLE. READ.

Here:

"Remaley said the investigating officer is talking with the District Attorney's Office to determine whether criminal charges are warranted. "

Source

Not in this case. Pirating wifi from a home user who is not inviting you to be on his network is quite different from using wifi that has been offered to the public by a government (or business, if you prefer) entity.

Do you fail to read?!?!?!

He admitted to stealing bandwidth from businesses and homes.

Tanner said he used to park in his neighborhood and hop on unsecured wireless networks, but troopers told him to park in a public place.

SOURCE

The public has been invited to use this wifi.

DURING BUSINESS HOURS

Jeanne Novosad, the library system manager, said the wireless connection is normally shut off when the library is closed.

SOURCE

Unless there is a notice that is clearly visible to anyone who is in a position to use this wifi (which means posting it on the door doesn't count, since you might not see that if you're sitting in the parking lot) that explicitly says the public is not invited to use it at certain hours, then I don't see where he's done anything wrong.

He returned the next day after the police told him not to be there.

A police officer asked what he was doing, learned he was using the library's wireless Internet connection and told him to leave.

A day later, police spotted him there again.

SOURCE

He was told that essentially it's a free wireless Internet service but he failed to read the terms and agreement governing its use (only available during business hours) before latching onto the wireless service to play video poker.

SOURCE

Look at it another way. The library claims he's using their network resources after they're closed and that's wrong. Is it then a crime for me to go to their website after midnight?

I'm not even going to awnser such nonsense compairison. He was going after networks that were unprotected regardless if they were pirvate, business, or government. He wasn't using the networks to do legitimate surfing either, he was downloading, provided in this source:

The officer confiscated Tanner's laptop to inspect what he may have been downloading, Remaley said.

SOURCE

I read it again. I didn't miss anything. If you have more knowledge of this case, please, tell us where you learned it.

Also, more info:

Police said that although Tanner was using an essentially free service, there are library rules governing its use and Tanner wasn't following them.

SOURCE








Here are more links in addition to what I posted:

 

[GJSNeptune]

I don't know which is more pathetic. The library for leaving the door open or the no-life loser who's playing WOW on stolen bandwidth.

You mean the playing WoW part or accessing the internet for free? I wouldn't call the latter pathetic. Quite smart, really

 

[GJSNeptune]

Give it rest. Less serious discussion and more making fun of him.

 

[whrswoldo]

Not according to the article:

"he now faces possible criminal charges for illegally accessing WiFi at the Palmer, Alaska library after hours"

POSSIBLE. READ.

Here:



Source




Do you fail to read?!?!?!

He admitted to stealing bandwidth from businesses and homes.



SOURCE



DURING BUSINESS HOURS



SOURCE



He returned the next day after the police told him not to be there.



SOURCE



SOURCE



I'm not even going to awnser such nonsense compairison. He was going after networks that were unprotected regardless if they were pirvate, business, or government. He wasn't using the networks to do legitimate surfing either, he was downloading, provided in this source:



SOURCE




Also, more info:



SOURCE








Here are more links in addition to what I posted:

pwnd

Give it rest. Less serious discussion and more making fun of him.

Indeed! What a moron. The funniest part of this to me is the fact that his original reason for sneaking around leeching internet was that his parents had banned him after 9... I wonder who bailed him out and for how long he is going to be grounded

 

[DeathFromBelow]

Well do you mind sharing your address to me? I do have a leech box that I'm willing to hang off your network to "borrow" some internet... no harm, no foul.

We're talking about a public library connection, not a private access point. I pay for my home access, so I secure it. We all pay for the access at the library, that's why it's public. I think you should be able to do whatever you want on a library connection as long as your not affecting the connection of other users or doing anything illegal.

What bugs me about this story is that right now, all over the world, kids are using public connections for frivolous crap like myspace, but this kid gets busted for playing WOW on a public access point.

 

[theDreamer]

We're talking about a public library connection, not a private access point. I pay for my home access, so I secure it. We all pay for the access at the library, that's why it's public. I think you should be able to do whatever you want on a library connection as long as your not affecting the connection of other users or doing anything illegal.

What bugs me about this story is that right now, all over the world, kids are using public connections for frivolous crap like myspace, but this kid gets busted for playing WOW on a public access point.

Please re-read it.
He was connecting AFTER hours, when it clearly stated in the RULES that it is not allowed.

I have no problem with him using it during the proper hours to do whatever he wants, but when he is there after hours, on repeated offenses. Then punishment needs to awarded, what kind, well that is up to what charges are brought forth against him.

 

[bob]

As far as the not securing it issue... I do view it like leaving your house/car unlocked. If you leave your car unlocked with the keys in it, on the side of the road or have wifi unencrypted... I cant really say anything nice to the owner when someone uses it.

Not disagreeing with this statement of yours, but should be very cheap for anyone who can afford the gas and time to drive out late at nights play on a lappy a game that costs $12 a month

Last time I checked dialup was $4.95 a month, dsl was $14.95 from SBC Yahoo, and cable was 19.95 a month for a new customer.

Dialup is around 10 a month here plus cost of a phone line, ~32 a month. DSL isnt avalible, and the lowest price comcast offers cable internet at is 56 a month.

 

[DeathFromBelow]

I did read it, but why is it a rule in the first place? What's wrong with connecting to the internet when the library is closed? It's pointless, and they should have turned it off if they really didn't want people on it after hours.

 

[LadyMakoFox]

Even if the network is unlocked doesn't give you the right to access it outside of their rules, even if it is funded by tax payers.

 

[GJSNeptune]

I did read it, but why is it a rule in the first place? What's wrong with connecting to the internet when the library is closed? It's pointless, and they should have turned it off if they really didn't want people on it after hours.

They do turn it off. You'd have seen that in a couple posts that you didn't read. They left it on because IT (or whomever) was supposed to install a timer for it. I'm assuming that currently it must be shut off manually.

 

[theDreamer]

I did read it, but why is it a rule in the first place? What's wrong with connecting to the internet when the library is closed? It's pointless, and they should have turned it off if they really didn't want people on it after hours.

Well, I do not like all rules, but it is still a rule and must be followed, especially when asked already to correct (leave). Also they stated that the WiFi is normally off, but recently a tech was being called to install a timer to do it automatically, which ended up leaving it on for a few days on end.

While he took advantage of this over look of the library, it is still wrong and a rule is a rule.

 

[DeathFromBelow]

And the lord said, "Thou shalt not use the wireless after hours."
If a rule is pointless, it shouldn't be followed.

I understand that the kid got in trouble for using private wireless networks before, but in this case he didn't affect anyone or anything, he just broke a frivolous "rule".

 

[ICOM]

You mean the playing WoW part or accessing the internet for free? I wouldn't call the latter pathetic. Quite smart, really

That retard was booked for theft. Just because you leave the door of your house unlocked doesn't give people the right to loot the place.

Here, let me help you. He's playing WOW (ok, so that's pathetic enough) but he's doing so at a time when he should be asleep so he can go to work...at his job...so he can earn enough money to pay for his own broadband. Hence the P-A-T-H-E-T-I-C

 

[GJSNeptune]

That retard was booked for theft. Just because you leave the door of your house unlocked doesn't give people the right to loot the place.

Here, let me help you. He's playing WOW (ok, so that's pathetic enough) but he's doing so at a time when he should be asleep so he can go to work...at his job...so he can earn enough money to pay for his own broadband. Hence the P-A-T-H-E-T-I-C

The addiction is pathetic. Not accessing the internet for free

 

[Burning_Monk]

If the guy was using the internet for something illegal I could understand. But as it is, what he did was pretty harmless. He didn't send spam, download copyrighted material, or watch underage porn, he just used it to play a videogame. And if the network wasn't encrypted I don't see any legal legs to stand on.

Does anyone know of anyone who was convicted in the USA of wifi theft when doing only legal activities on it?

 

[Draax]

If the guy was using the internet for something illegal I could understand. But as it is, what he did was pretty harmless. He didn't send spam, download copyrighted material, or watch underage porn, he just used it to play a videogame. And if the network wasn't encrypted I don't see any legal legs to stand on.

Does anyone know of anyone who was convicted in the USA of wifi theft when doing only legal activities on it?

There are only two cases that I know of, one in the United States the other in Canada, of someone being prosecuted for using someone else's wifi. Both of these cases involved using a private wifi network. In addition both cases also involved the user doing something illegal while using the wifi network.

I am aware of cases in which someone was broadcasting wifi without any protection or authorization, thus making them an internet provider in the eyes of the law. In these cases, those broadcasting the wifi signals were responsible for what was going on, on their networks.

 

[Burning_Monk]

There are only two cases that I know of, one in the United States the other in Canada, of someone being prosecuted for using someone else's wifi. Both of these cases involved using a private wifi network. In addition both cases also involved the user doing something illegal while using the wifi network.

I am aware of cases in which someone was broadcasting wifi without any protection or authorization, thus making them an internet provider in the eyes of the law. In these cases, those broadcasting the wifi signals were responsible for what was going on, on their networks.

Yeah, that's what I thought was the current state of things.

 

[theDreamer]

Here is my verdict on it:

~Punish him for breaking the rules with a small fine. <$100 would be reasonable.
No criminal charges unless proven he was doing so, which has yet to be determined.
He broke a rule, he pays for it, but it does not have to be some out of proportion fine/jail time.

 

[LadyMakoFox]

Here is my verdict on it:

~Punish him for breaking the rules with a small fine. <$100 would be reasonable.
No criminal charges unless proven he was doing so, which has yet to be determined.
He broke a rule, he pays for it, but it does not have to be some out of proportion fine/jail time.

Being a teenager probably community service, also I thought it has been against the law since the 80's to access networks you don't have permission to be on..

 

[Seelenlos]

Draax beat me to it, is there anything on the books that says this is against the law? If a business has an open network where does it says it is against the law for me to use it? I see a lot of you saying it is illegal but I'd like to see some proof it is.

 

[DeathFromBelow]

A fine or community service time for using a public wireless connection after hours? No way.

This isn't speeding or vandalism. He didn't put anyone in danger, cause a disurbance, or anything like that.

 

[LadyMakoFox]

If I remember my laws correctly theft of something of value off a computer network is against the law under the computer abuse laws.. Not sure of the exact name of the law and don't feel like going through hours of laws.

 

[theDreamer]

Linkhttp://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act

That is what I think you are referring to.

Even though, this was stated in another article I read about the same person, it will not go to court. I would think UNLESS noted that a WiFi connection of a company/government/etc. can not be accessed without proper authorization, while leaving it open does cause problems. You do not have the right to access as it does not belong to you.

 

[shadowfax]

Do you fail to read?!?!?!

He admitted to stealing bandwidth from businesses and homes.



SOURCE

You need anger management. There's no need to virtually shout, and I don't care what he admitted to regarding stealing bandwidth from businesses, because that has absolutely nothing to do with whether or not he was stealing it from the library.

DURING BUSINESS HOURS

Where exactly is it posted that you can only use their wifi DURING BUSINESS HOURS. If it is not posted in a clearly visible and accessible place, then he has an easy out. A reasonable person would assume that if a library offers something for free to the public, then they can take it whenever the library makes it available. If you'll notice the library also, against their normal practice, left the wifi on after hours. It's not his fault that they inadvertently invited him to use the connection that they provide for free to the public.

He returned the next day after the police told him not to be there.

I've been told by cops to leave places too. Unfortunately they had no authority to do so and I returned when I needed to as well. That doesn't mean I committed a crime. Cops are only allowed to stop you from doing unlawful things. If the cop doesn't have the authority to tell him to leave, he doesn't have to listen. And he may not have thought the cop had that authority. All I'm saying here is that we do NOT know all of the facts here, and this country has a funny concept called innocent until proven guilty.

He wasn't using the networks to do legitimate surfing either, he was downloading, provided in this source:

If the network doesn't have something posted in an accessible location to him that downloading or playing WOW or whatever else he may have been doing is not permitted, then he doesn't have to limit what he does once given access to the network.

 

[Luxor]

This is going to get bigger and bigger as days go by (as more stupid people buy wireless routers)

The law should be simple:

If you don't have your network secured, then no one should be charged.

If it's secured, then the guy obviously is doing illegal activity (I know how to do it, it's fairly easy to do actually)

I think that's how it should be.

 

[hity645]

If he was causing a serious drag on the Library's bandwidth then he should be fined. But he was using it after hours, for all we know employees of the library left the network on and unsecured so that they can use it for their use. Or what if they left it unsecured for that one person who needs to research during the am and doesn't have internet access?

 

[Nemesis999]

I know of more then one library in my area with unsecured wifi inside and out that you are ALLOWED to use after hours. I don't see why anyone would suddenly assume that you aren't allowed to use it just because the library is closed.

A library closes because you require people to staff it, not because they don't want you to use it. So why would a wifi network, that doesn't require constant staffing, not be allowed at night?

Further more, pretty much EVERY router has built in scheduling functions. Why would the library leave it on if they didn't want you using it?

 

[Ockie]

If the guy was using the internet for something illegal I could understand. But as it is, what he did was pretty harmless. He didn't send spam, download copyrighted material, or watch underage porn, he just used it to play a videogame. And if the network wasn't encrypted I don't see any legal legs to stand on.

Does anyone know of anyone who was convicted in the USA of wifi theft when doing only legal activities on it?

Actually, you can't make that statement yet. The legality of the files are yet to be detrimined as he did indeed download files on the wifi connection:

The officer confiscated Tanner's laptop to inspect what he may have been downloading, Remaley said.

SOURCE

There are only two cases that I know of, one in the United States the other in Canada, of someone being prosecuted for using someone else's wifi. Both of these cases involved using a private wifi network. In addition both cases also involved the user doing something illegal while using the wifi network.

I am aware of cases in which someone was broadcasting wifi without any protection or authorization, thus making them an internet provider in the eyes of the law. In these cases, those broadcasting the wifi signals were responsible for what was going on, on their networks.

Firs one, User using a private network to gain internet access, not breaking the law:

Police say Benjamin Smith III, 41, used his Acer brand laptop to hack into Dinon's wireless Internet network. The April 20 arrest is considered the first of its kind in Tampa Bay and among only a few so far nationwide.

Second one, user using internet access to gain access so he doesn't leave traces with his wife for sex toys, not illegal in terms of content

In another Florida case, a man in an apartment complex used a neighbor's Wi-Fi to access bank information and pay for pornography sites.

Third, this was illegal, I was actually wardriving in that area

Last year, a Michigan man was convicted of using an unsecured Wi-Fi network at a Lowe's home improvement store to steal credit card numbers.

SOURCES


Canadas taking of the law:
http://www.renderlab.net/articles/canadianwardrivinglaw.html

There are quite a few run-ins with the police, including this very similar library issue but DURING business hours:

http://hardware.slashdot.org/article.pl?sid=04/09/01/0245219

Draax beat me to it, is there anything on the books that says this is against the law? If a business has an open network where does it says it is against the law for me to use it? I see a lot of you saying it is illegal but I'd like to see some proof it is.

It's a very murkly law at best, there are some established rules however it's all open to interpretation, wifi is incredibly new right now.

But remember, just becasue it's not written in lamens terms it doesn't mean it's not right.

These articles might point you into the right direction:

http://www.securityfocus.com/columnists/237
http://news.com.com/FAQ+Wi-Fi+mooching+and+the+law/2100-7351_3-5778822.html
http://wwwebbb.gsu.edu/lawand/papers/fa05/author1oblinger/
http://www.renderlab.net/articles/canadianwardrivinglaw.html
http://money.cnn.com/2005/08/08/technology/personaltech/internet_piracy/index.htm?cnn=yes

A fine or community service time for using a public wireless connection after hours? No way.

This isn't speeding or vandalism. He didn't put anyone in danger, cause a disurbance, or anything like that.

Some will argue that when they are speeding they are doing so safley, also, you will find some who will argue your stance on drugs.

You need anger management. There's no need to virtually shout, and I don't care what he admitted to regarding stealing bandwidth from businesses, because that has absolutely nothing to do with whether or not he was stealing it from the library.

I don't need anger management, people like you who needs help who are offended when somone uses caps lock on thier text. Remember, this is just words, you need some serious consulting if you take anything personal on the internet.

The charges are not for the library when he was surfing the internet, how many times must I spell it out? He has yet to be charged, so I don't see your big deal?

Where exactly is it posted that you can only use their wifi DURING BUSINESS HOURS. If it is not posted in a clearly visible and accessible place, then he has an easy out. A reasonable person would assume that if a library offers something for free to the public, then they can take it whenever the library makes it available. If you'll notice the library also, against their normal practice, left the wifi on after hours. It's not his fault that they inadvertently invited him to use the connection that they provide for free to the public.

Please go re-READ my replies.


So if I happened to forget my cellphone ($600 phone) in my unlocked car, this gives a theif a right to take it?

Just because somone forgets or accidentially makes a mistake, doesn't give a criminal the right to take advantage of it. Next time think about this as you lock your car or your home.

I've been told by cops to leave places too. Unfortunately they had no authority to do so and I returned when I needed to as well. That doesn't mean I committed a crime. Cops are only allowed to stop you from doing unlawful things. If the cop doesn't have the authority to tell him to leave, he doesn't have to listen.

Even the ACLU would disagree with your oppinion here. I too have been asked by cops to leave, and you know what? I haul ass.

And he may not have thought the cop had that authority. All I'm saying here is that we do NOT know all of the facts here, and this country has a funny concept called innocent until proven guilty.

What facts don't we know here? He admitted to this whole ordeal. The only thing that we don't know is what content did he download.

If the network doesn't have something posted in an accessible location to him that downloading or playing WOW or whatever else he may have been doing is not permitted, then he doesn't have to limit what he does once given access to the network.

Since he admitted himself that he's a regular daily user of the library, he should know the rules shouldn't he?

"I went to the public library because I go there during the day," Tanner said.

SOURCE

 

[Ockie]

This is going to get bigger and bigger as days go by (as more stupid people buy wireless routers)

The law should be simple:

If you don't have your network secured, then no one should be charged.

If it's secured, then the guy obviously is doing illegal activity (I know how to do it, it's fairly easy to do actually)

I think that's how it should be.

Define secured? Secured as in mac filtering? wep? password? warning banner? The only thing I find "secure" in my personal oppinion is encryptions. The rest to me are just a little hurdle that really requires no effort.

If he was causing a serious drag on the Library's bandwidth then he should be fined. But he was using it after hours, for all we know employees of the library left the network on and unsecured so that they can use it for their use. Or what if they left it unsecured for that one person who needs to research during the am and doesn't have internet access?

How many people do you know has a laptop, a car, and a education who has to write a paper at the last minute for a research the next day?... but does not have internet nor has a clue that starbucks, mcdonnalds, tmobile, riowraps, wendys, quiznos, truckstop all offers free wifi access

I know of more then one library in my area with unsecured wifi inside and out that you are ALLOWED to use after hours. I don't see why anyone would suddenly assume that you aren't allowed to use it just because the library is closed.

A library closes because you require people to staff it, not because they don't want you to use it. So why would a wifi network, that doesn't require constant staffing, not be allowed at night?

Further more, pretty much EVERY router has built in scheduling functions. Why would the library leave it on if they didn't want you using it?

Not everyone are technicaly compitent such as us hard users, many librarians have no clue on how to set a router much less of what it really is.


For everyone here: I don't think that the library has much say on the issue either, as they are not scott free, I also don't agree with the non free wifi after hours, however, as he has been warned before he had it coming. He was a libary member and attended during the days, he knew the rules and he knew the consequences as he was warned before.

And can SOMONE please tell me where the hell does it say he has been playing WOW? All the documents I find said he was playing at an onling gambling site (poker).

 

[GJSNeptune]

Good gods. Let it go.

 

[shadowfax]

I don't need anger management, people like you who needs help who are offended when somone uses caps lock on thier text. Remember, this is just words, you need some serious consulting if you take anything personal on the internet.

Believe me, I did not take it personally, nor am I offended. And the word is "counseling," btw.

The charges are not for the library when he was surfing the internet, how many times must I spell it out? He has yet to be charged, so I don't see your big deal?

And how many times do I have to spell it out. This discussion is about the possible charges that police are considering regarding the library. And regarding those potential charges, his guilt or innocence in past incidents is immaterial.

So if I happened to forget my cellphone ($600 phone) in my unlocked car, this gives a theif a right to take it?

If you put a sign on it saying "Free to the first taker" then yes, it does. The library has done the same thing with their wifi. They make it free for the takers. It is not the taker's fault that they left it on when they didn't want to.

Just because somone forgets or accidentially makes a mistake, doesn't give a criminal the right to take advantage of it. Next time think about this as you lock your car or your home.

You need to sit down and learn the difference between privately held property and property which you have invited the public to come and partake in. With the forgotten cell phone or the unlocked car, I am not inviting the public to take my property. But if I open up my wifi router, and then put a sign outside my house saying "free wifi," I then give up the right to complain when someone takes me up on the offer. If I only want them to log on during the day, and usually switch the router off at night, but forget to switch it off one night, my negligence cannot be blamed on the person who reads the sign and then accesses my router.

Even the ACLU would disagree with your oppinion here. I too have been asked by cops to leave, and you know what? I haul ass.

Sorry bud, but you're wrong here. I'm actually a journalist, have been asked many times by the cops to leave public property, and I didn't have to (and was backed up by attorneys in those cases) because it was an unlawful request. And that right to be in public property and on property which has been opened to the public does not stop at journalists - it is a right that ALL citizens of this country have.

What facts don't we know here? He admitted to this whole ordeal. The only thing that we don't know is what content did he download.

And we don't know what content he was not supposed to download. If there's nothing in the free wifi TOS saying don't download certain files, then he can download whatever he wants (provided it's not actually illegal of course)

Since he admitted himself that he's a regular daily user of the library, he should know the rules shouldn't he?

I'm a regular daily user of the library in my town, but I don't know their wifi regulations. Unless they can prove he knew the rules, and that the rules forbade him from doing whatever he did, then he didn't do anything wrong.

 

[DeathFromBelow]

Some will argue that when they are speeding they are doing so safley, also, you will find some who will argue your stance on drugs.

Huh? I never said anything about drugs.
In any case, I fail to see your point. Speeding can and has killed people. Using the wireless at a closed library is harmless.

 

[nobody_here]

Even with regular comcast home internet, you have a 200gig cap on your account.

need proof....i want to see proof that this cap exists and that they actually enforce it, because i KNOW for a fact back when i was into file sharing i and many friends exceeded this easily and never got so much as a notice

 

[shadowfax]

I should clarify something in my last post:

Unless they can prove he knew the rules or had reasonable notice of the rules then he didn't do anything wrong.

 

[tickle_me_emo]

argument by analogy is weak, you people really need to stop doing that

 

[GJSNeptune]

argument by analogy is weak, you people really need to stop doing that

Good luck accomplishing that