Answer:
For the most part if you are seeing a network that is not yours it would be advisable not to connect to it. There are several reasons for this.
First off, if you are seeing somebody else's network, it is definitely not very secure, and who knows who else may be eavesdropping on the connection. In most areas, it is against the law to tap into someone else's wireless network, and is considered similar to doing the same with cable television, electricity and so forth. Penalties can range anywhere from a small fine to a larger fine and community service, once again depending on the laws of your specific area. Chances are the person who owns or runs the network will be able to see anything and everything you do through the connection if they know what they are doing. And even if they don't, seeing as how the network is essentially open, anyone within range could spy on your activities. The bottom line is that you would be using something that somebody else has paid for without their knowledge, essentially stealing.
The one exception to this rule would be a wi-fi network set up as a municipal service by either your town or a company contracted by your town or neighborhood. However, if this is the case you will most likely know about it already, and you would probably at least be required to log in securely with a username and password, and most likely pay at least a small fee for it as well.
The main point is that if you see a network and it has not been set up by you, or you have not been given permission to use it by the administrator of the network, don't use it. You are only setting yourself up for a fair number of complications, legal or otherwise.
Submitted by: Michael B. of East Falmouth, MA
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Hi, Steve! Your question covers a wide range of topics, ranging from technical to legal. Regarding the legal stuff - you need to know that I'm not a lawyer, and neither I nor C/Net can dispense legal advice. Further, I don't know where you live; and different countries view this matter differently. So please don't base your actions on any opinions you read here. You must always consult your local authorities for the rules in your area.
Wireless routers have become very popular; and security software, although supplied by the manufacturer, does not install by default. You have to put it in place manually. As a result, there are a large number of unprotected wireless networks out there, and finding them - and accessing them - is very simple.
The practise of looking for unprotected wireless networks is popularly called 'war driving'; it takes its name from a similar practise called 'war dialing', in which you use automated software to dial every number in the phone book, looking for private, unprotected phone access networks. The concept of war dialing was first popularised in the movie 'War Games', which is where the whole 'war' prefix originated. (It's a great movie, by the way; if you've not seen it, give it a view.)
It's my belief that in most areas, when you log on to a network that you don't have permission to use, you're committing theft of telecommunications services. That's a very serious crime, which usually carries jail time; and once you've served your time, the damage to your reputation, the fines, the court costs and the legal fees will cripple you financially for decades. It's completely out of proportion to the $40 per month cost involved in getting your own high speed internet connection.
Can others see the websites you're surfing to? Practically speaking, not usually; but whenever you surf, you leave footprints. You leave footprints on your computer, on the computer of the person who is hosting the ISP connection, on the router log files, and on the ISP central servers. Your surfing activity can be reconstructed from these logs. It's slow and painstaking work, but very exact; and if you come to the attention of the law enforcement people, they will be able to track absolutely every website you visited, and tell you - right to the second - when you logged on, as well as exactly how long you were there. You should also know that there DOES exist management software that will display on another computer, in real time, the websites you're visiting. It's unusual to see this kind of software outside of a corporate environment; but it does exist, and it will not only log the URLs you've visited, but do meticulous content capture, as well. If you visit sexually explicit sites and get caught, you can expect 24 X 30 inch color glossy prints to be displayed in the courtroom - and, if you're really unlucky, on the front page of the local newspaper as well.
When you log onto another, unprotected network, your MAC address - a kind of serial number associated with your network interface card - is captured by the computer you're logging on to. It needs this, because some networks require the MAC address to identify which machine to send the content to. Because the MAC address is unique to your computer, it provides solid evidence as to which machine was surfing, and when. So yes, your specific machine can be identified.
When people try to steal wireless internet access, it is frequently - but not always - because they intend to commit an illegal act, such as surfing kiddie porn sites or engaging in other illegal communications, such as those pertaining to terrorist or organised crime. Various law enforcement agencies, working hand in hand with local police, are now setting up 'honeypots'; wireless access points that are deliberately left unprotected. You'll think you're surfing anonymously; but in fact, every step you take, every click you make is being meticulously recorded. You can also expect to be videotaped with cameras equipped with powerful, high resolution lenses; and that videotape will be shown at your trial as well.
Bottom line? Going war driving today is a bit like going skydiving without a parachute. You're GOING to get caught, and the horrific penalties involved will ruin your life. My best advice is that you not engage in this practise.
Best wishes
Submitted by: Charles W.
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Maybe it's OK, but likely it is not. There is both a legal and an ethical side to this answer.
If the signal is open with no security, yet you know the neighbor doesn't intend you to use his connection; the law may not come after you, but ethically you are in the wrong. If your neighbor left his or her car unlocked with the keys inside and didn't seem to be using it - would it be OK to just jump in and use it for a quick run to the convenience store? And even if you ask your neighbor and your neighbor doesn't care, most ISPs specifically forbid their users from offering use of the service outside their immediate household or place of business. Folks who operate public hotspots typically pay a higher fee to their ISPs to offer this service.
If the signal is secured in some fashion, for example, WEP or WPA, cracking that security is like picking the lock on your neighbor's house. It matters little if the lock is weak or strong, the intent of the lock is clear. If you crack into such a closed system, you are in violation of any number of computer trespass laws.
As to whether or not your neighbor will know you are there depends on the monitoring software built into the wireless access point/router; and whether or not your neighbor checks the security logs. Even the really inexpensive units all seem to record any IP addresses passed out by a built-in DHCP server. I'm sure better units also log any fixed IP addresses for which the unit provided routing services. If NetBIOS services over TCP/IP is enabled, most units also record the name of the computer used for access. Most home PCs tend to have nearly the same name as the primary login account. Inexpensive units rarely track what a specific user does while connected. Most business class firewalls on the other hand, do track where users go.
Submitted by: Jim J.
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I also noticed a wireless signal the first time I installed my wireless card into my laptop. Many (if not most) nowadays have it standard built into the new portable models. That's when it gets interesting to me.
Now to deal with the question of legality to "piggy backing" someone else's wireless connection to the web. Most states (if not all, and the feds) have laws to cover the secretive use of a network or its connection. That's called hacking. In fact the states surrounding mine (have not checked for years perhaps mine as well now) have laws so vague, that they make the use of a router illegal. Even the one that's putting out the signal youre getting. Being prosecuted for using it would be mostly up to the individual who's paying for the connection you're hijacking. The ISP he or she pays to get connected would be most interested if you were using this connection for hacking or spamming purposes. The individual in that case probably wouldn't know. The feds might get involved as well at that point. Such was the case of the "Homeless Hacker who himself did not pay anyone for his connection to hack. He simply would "wardrive", drive around and find a wireless connection he could access and do his thing. I work at a restaurant where a connection can be paid for and accessed on the spot. The one next door offers that service for free...To be honest if you asked them, they might not care if you use it. Only likely if they know and like you.
Now can they tell who you are? Not in most cases. Of course if you were the only house close to them it would be easy to find out, but without specialized equipment, this isn't possible. Unless he's a geek like me and then he could capture your traffic and analyze it. Perhaps even hack your machine. A big risk with laptops. That's why I said it was interesting because under normal installation schemes, these new laptops I mentioned before are wide open for cracking by a hacker within wireless range. (I believe the record is five miles). Your signal is probably only good for half a block or less. This can be changed in many cases and the signal reduced in power (range) when proximity allows for less radio signal strength within your home network. I put my wireless router in the basement because the earth makes a good shield so the signal goes mostly up, not out from my home.
Using encryption can quickly reduce the risk of "wireless hijacking" which is what you would be doing by using a neighbors connection. Morally it's stealing in my thinking. Like using another persons cable TV connection. Even if the one who pays for it knows and permits it. In that case the ISP of the connection in question would probably charge you and win. They would likely kick the "owner" off their network as well. The ISP can't even tell who you are though. Again without specialized equipment and know how. Same answer for what you are looking at. They would have to have the ability to capture your traffic and analyze it. In this case though both the customer and the ISP could do that. If encryption is being used on this network, then it would be much much harder to do this. But then again, if they encrypted the wireless network, (most wireless routers and adapters will do this) then you are not likely to get on that network to begin with. Even if you do receive the signal, encryption would not allow you access. Unless youre a hacker.
By the way. It's notable here that "hackers" are just people that can make these machines do more then they are designed originally to do. We pick programs apart basically. The hardware also, in my case anyway. For different reasons perhaps but often just for the sake of figuring it out and doing it. Sometimes for money or fame. Even for the job but I do it so I can educate the computer buying public at large to some of the risks awaiting on the shelves of stores around the world. When you use a computer on the web, you are operating a powerful tool. Even if you don't realize or use it that way. Like a gun, in my eyes this should be kept out of the wrong hands. So please, for us all out here. Lock your wireless connection down with encryption or turn it off if not used. You and I will be safer.
Thank you, and happy surfing.
Submitted by: Mark O.
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Answer:
Next Week's question: If I am at home and my wireless computer picks up a nearby network, is it OK to use it? Are there any laws against this? If I do use it, can the person with the service see who is using it and what I am looking at?
My answer: Your questions raise an interesting ethic dilemma. To log on or not to log on? That is the question. Please allow me to answer your questions, then add some of my own observations.
Is it ok to use it? Technically speaking, No. Ethically speaking, is not ok is use someone's bandwidth without their permission. You could consider this a form of stealing. Many of us have done it, but that is no excuse.
Are there any laws against this? Probably, depending on where you live. There have been stories of legislators making "squatting" illegal. "Squatting", I believe, is the informal term for using the WI-FI signal of another without permission of the owner. A piece of friendly advice, consult your local legal professional about the appropriate laws governing this type of act. I found this article about a person in Florida arrested for just this kind of act. http://money.cnn.com/2005/07/07/technology/personaltech/wireless_arrest/
"If I do use it, can the person with the service see who is using it and what I am looking at?" I'll answer this question in two parts. First, "...can the person with the service see who is using it..."; yes, the user probably can if the he or she is advanced enough to detect the MAC address logged into the router. A MAC address is a unique alpha-numeric identifier given to every modem, network card, or other means of Internet connectivity. Second, it is less likely that the owner would be able to see what you are looking at. However, the owner might also be advanced enough to find a log according to your individual MAC address on his system.
A word to the wise: don't use someone else's connectivity even if theyre too stupid to lock down the access properties on their router. Do so at your own risk.
If you choose to buy a wireless router, do yourself a favor and lock down your access properties to include only those MAC addresses which you can specify and READ AND FOLLOW THE MANUAL. You'll avoid more problems than you'll create.
Submitted by: Dan F.
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Steve
You are asking 3 questions and I will attempt to answer all in no particular order. First, I am unaware of any laws in my city that would prevent me from using an unprotected wireless network. After all, this signal is trespassing into your house. Is it ok to use it? That is a moral question and the only place to answer that is in your own heart. If you were parked in front of someone's house or business with a laptop, you may be on shaky ground, but in your own house... The neighbor that is pushing this signal into your home is, IMHO, more at fault. As to being able to see what you are doing, the fact that this neighbor is unsophisticated enough to allow an unprotected signal into the atmosphere, he/she probably does not have the technical wherewithal to snoop your activities but he/she will probably be able to discern your computer name. (the network name)
You may have noticed that my answer is full of ambiguities. This is intentional because the correct answers cannot be given in black and white in this case. I remember several years ago, just before the satellite tv industry was born, many people were scavenging old dishes and getting network feed. I recall an article where a man somewhere in the heartland said that if you don't want me getting your signal, keep it off my roof. Now, this industry uses scramblers (or encoders) as your neighbor should be doing.
As I stated earlier, this signal is a trespass into your house or apartment. His/her cable/DSL company probably has a no sharing clause but that is not on you. This is not a case of 'they left the front door unlocked'. You are not entering another's territory and you are taking nothing physical. You are, however, taking some bandwidth. If you are just checking email, the impact should be small. If you are file sharing (another moral discussion for another day) the impact is sure to be felt by your neighbor, causing them to possibly find you out. This is your neighbor and you would have to live with that. Another 'neighborly' thing to do would be to inform this neighbor that his/her network is available to the immediate world.
Again, at this time, I believe this to be a moral issue, not a legal one (in my area, anyway - check the laws in yours) and only you can decide what is right for you.
Submitted by: Harvey M. of Coral Springs, FL
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This is a gray area of the law right now that is not clear.
What is clear is that if you pick up a wireless network and you access any of the actual computers on the wireless network that you pick up, then you could face prosecution. Indeed, some individuals who parked in a retail store parking lot and accessed computers in the retail stores network were given prison sentences for their acts, although the credit information on the computers that were accessed was never used for fraudulent transactions in that particular instance.
What is unclear is whether or not you are committing a crime if you merely use the connection to access the internet, without actually accessing any of the computers residing on the intercepted network. As far as I know, no case of this nature has yet created a generally binding precedent, and in any case the answer to your question would depend on where the act was committed, since the legality of the act would have to take into account not only Federal laws but also state and local laws. Broadly speaking, however, such an act could probably be construed as theft of service, even if there are no explicit computer crime laws against it, so its not without risk of prosecution.
Can you be detected, and can your own activities be monitored? Yes, definitely, but it would require a lot more software and sophistication than the typical end-user, or even most relatively technical users, have or routinely use.
Submitted by: Barry W. of North Canton, OH
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Legally, if you knowingly use someone else's wireless and by extension, their router into their ISP to gain access to the internet; this is called 'Theft of services'. This is the same as hooking up your house into the local cable network by climbing the pole.
As for the owner of the access point seeing what you are doing, no. Unless they have an ethernet sniffer and then they will only be able to see packets of data (and that may include personal information such as credit card numbers, Soc Sec numbers, etc.).
The owner will be able to see your machine's name as most routers will show a list of machines requesting IP addresses (This is called DHCP). Personally, I noticed someone driving around my neighborhood with a laptop on their front seat... later I displayed the DHCP users on my router, and lo and behold, his machine name showed up. I quickly closed down my router to only enable known MAC addresses.
Submitted by: Charlie S.
Manage updates with the Download App
- 10/26/05 4:16 PM 
I'm sure you've run into the same type. But then again I have a house full of computers and working on ''Windows'' boxes makes me a good living. But for my own use I'll take Linux or a Mac any day, for oposite reasons. Macs just don't break, so nothing to repair. Mac OS-X is really simple and gets the job done. Linux is by far the most configurable and fun to play with.
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