[opensource] Re: [opensource-announce] Wifi Hacking Reminder!! [1/7/2009]

Jason Palmer jalanpalmer at gmail.com
Thu Jan 7 13:39:26 EST 2010


Guys, I agree with both of you that this involves the use of a
computer network. I should have phrased my first reply otherwise. But
in any case, the point of my reply was to cite the relevant Ohio laws
for anyone interested, not to argue that there wasn't a network
involved. So I'll try again:

For accessing the internet through someone else's router without
permission, these are two things you may be charged with from 2913.04:
"operating the property of another"
"gaining access to a computer network"

They could charge you with either one, since it is true that you have
done both. I highly doubt that in every case the offender is charged
with a felony. Would you really want to convict someone of a felony
for the one-time use of his neighbor's unsecured wireless network
named "linksys"? Just seems silly to me.

Also:
>>>> On Thu, Jan 7, 2010 at 12:47 AM, Paul Betts <paul at paulbetts.org> wrote:
>>>> *definitely* illegal (not "maybe" illegal) and is a felony

Yes, definitely illegal. No, not necessarily a felony. It can be in
Ohio, but in some states it isn't. It looks to me like a general rule
would be the following:
 - just accessing someone's network to get online -- expect a misdemeanor charge
 - accessing the network to commit another crime, such as "to steal
cc#s or some numbnuts thing like that" -- expect a felony charge


Jason

On Thu, Jan 7, 2010 at 12:46 PM, Michael Bernstein
<michael at spaceshipknows.com> wrote:
> What Paul said.  You aren't just accessing property - you're gaining access to a computer network.  I mean, what does a router do?  Route between networks?  Seems pretty straightforward.
>
> On Jan 7, 2010, at 11:30 AM, Paul Betts wrote:
>
>> It's definitely Unauthorized Access of a Computer Network.
>>
>> -- Paul Betts
>>
>> SENT FROM MY COMMODORE 64: RESPONSES MAY BE IN ALL CAPS
>>
>> On Jan 7, 2010, at 9:16, Jason Palmer <jalanpalmer at gmail.com> wrote:
>>
>>> It looks like http://codes.ohio.gov/orc/2913.04 would apply in Ohio.
>>> The question is, does hacking a router to use someone's internet
>>> constitute "operating the property of another"? In that case, the
>>> charge is at least a misdemeanor of the fourth degree, which means
>>> they could lock you up for 30 days if they want, or just fine you up
>>> to $250.
>>>
>>> Or would it be "gaining access to a computer network"? In that case,
>>> you've got at least a felony of the fifth degree, good for six months
>>> to a year in prison and a fine up to $2500.
>>>
>>>
>>> IANAL,
>>> Jason Palmer
>>>
>>>
>>>
>>> On Thu, Jan 7, 2010 at 9:00 AM, richard hornsby <me at rhornsby.org> wrote:
>>>> On Thu, Jan 7, 2010 at 12:47 AM, Paul Betts <paul at paulbetts.org> wrote:
>>>>>> Just a reminder that tomorrow is our talk on wifi security!  You can check
>>>>>> out the talk preview by visiting the link below.  Hope to see you all there!
>>>>>
>>>>> One note I'd like to point out, that hacking Wifi networks that you
>>>>> aren't authorized to access is *definitely* illegal (not "maybe"
>>>>> illegal) and is a felony - feel free to hack your own networks all you
>>>>> want though!
>>>>
>>>> What are they going to charge you with?  This couldn't be a federal
>>>> crime, so it would have to be an Ohio or local statute, no?  Not
>>>> saying it *isn't* illegal or unethical - just curious about what kind
>>>> of charges one would face for breaking into someone's wifi for the
>>>> purposes of using their internet connection.  This is of course
>>>> assuming you're not breaking into their computer to steal cc#s or some
>>>> numbnuts thing like that.
>>>>
>>>> -rj
>>>>
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