How about someone's yard?
Seems harmless enough. You're not actively using your lawn, you "failed" to properly secure it with a fence and locking gate, and the guys walking down the sidewalk won't "use it maliciously." They just want to play a harmless drinking game for a few hours, and that's the perfect place to do so.
---> Trespassing.
Or how about your power tools, laying on the workbench in the garage you left open as the kids ride bikes on the sidewalk? You're just watching TV and the total strangers will return everything when they're done fixing their roof.
---> Theft.
Or how about that power outlet on the porch with a plastic cover over it? I have yet to see someone install a lock, so does that give anyone the right to walk up and get a quick charge to make a cell phone call? It's so little it probably won't even make your electric meter move an increment. Oh, and he brought a few friends with him as well.
---> Theft of Service.
Now, you personally may be OK with those scenarios, in which they decide to proceed without ever asking your permission, but I guarantee the majority of people would not approve. Thus, the general consensus made such illegal without permission. The same goes with WiFi. It's technically Theft of Service. It applies to unsecured WiFi networks just as the law applies to lawns that lack barbed-wire fences.
If you're the type willing to share your connection with your neighbors and those passing by (assuming your ISP doesn't prohibit it), great! It's no skin off your back, and I'm sure others will thank you for it. It's a Win-Win situation. However, they have no right to simply take it from you.
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As to securing the network, keep in mind that not everyone knows how, or even that it can/should be done.
* Some simply want to connect to the internet using their laptops throughout the house and never read into the security aspect. After all, how many people do you know that read user manuals cover to cover? Yeah, me neither. And the quick setup guide rarely mentions such.
* AT&T, Bell South, and others hype 'wireless services' in which you can rent a wireless router and have them set it up for you. If the 'technician' doesn't bring it up you may have no clue about security settings.
* Businesses may just want to offer a little nicety to their customers, so they hook up a wireless router in the back. They may have no technical background and thus not think of securing the network until their customers start complaining it takes over a minute to load cnn.com.
Thus, there are potentially millions of individuals and businesses with unsecured WiFi networks who simply don't know about protecting their networks. Is it right to take advantage of them? Is it right for you to take the decision out of their hands?
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When it comes down to it, you are using a service someone else pays for and never granted you access to use. Using it yourself is the very essence of theft. While the laws are still sketchy in most places, I sincerely hope it is addressed more directly in the near future.
John
P.S. As to looking in someone's windows, casual glances are one thing but I believe peeping toms are still given a free tour of the county jail.
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