"it's called beating the system, and people do it all the time."
Which doesn't make it legal. The phrase "beating the system" itself pretty much implies that you're doing something you're not supposed to do. And this guy didn't "beat the system" regardless, because he got caught.
I agree that the library should just shut off their connection after hours, but it's not really a requirement for them to do so in order to be protected under the law. It's the same as if I leave my door unlocked when I go out - that doesn't mean you're free to walk in and take my stuff. I may be stupid for leaving the door unlocked, but it's still trespassing if you come in without my permission.
I think the bottom line with wi-fi is that you have to treat it the same way as any other property. You can't assume permission to use it; you have to assume the opposite. You look for explicity permission, not explicit restrictions. I don't need to tell you not to steal any of my other stuff; why would I need to tell you not to steal my bandwidth? Ignorance is not an acceptable legal defense for breaking the law.
The culture of wi-fi grew up under a slightly different set of social norms, but now that it's grown up and into the mainstream, the same laws as apply to everything else are going to be enforced.
Using another's wi-fi is not the same as leaving your door unlocked and somebody walking in and getting it. I have a better analogy for you. It would be more like if you put your belongings on my property and didn't want me to take it. If the wi-fi transmits onto the street, i think he has every right to use it (granted he was in their parking lot so he could be accused of trespassing, but thats a different situation all together). It really isn't that hard to put on the simplest of protection for wi-fi. If there is any type of protection, then i think he should be prosecuted for hacking into it.
Jeff. "It's the same as if I leave my door unlocked when I go out - that doesn't mean you're free to walk in and take my stuff."
No. That is a terrible analogy. It is more like planting a gorgeous flower garden in your front yard, and getting pissed when people stop in front of your house to take pictures of it. Sure it may be annoying that you have the occasional car full of people admiring your garden while blocking your drive, but if it really bothers you that much, put the garden in the backyard. If someone hops your fence to check out your garden, that is illegal.
Same thing with WiFi. You set up a wireless router, and people around you get on it. If that annoys you, encrypt it. If someone breaks your encryption and hacks into your internet, that is illegal.
People should really learn to think more deeply about an issue. Sure, Jeff's analogy might have seemed valid at first glimpse, but a second look, even a brief one, will tell you that it is wrong.
Or an even more accurate analogy -- it's like if my neighbor decided to broadcast a radio signal and I decided to tune in.
Unlike breaking and entering into physical property, there's no established norm yet for WiFi. Given how many businesses and people provide free WiFi, if anything, the norm is that it's okay to do so -- the same way it's okay to listen to over-the-air radio stations without paying. Unless the library explicitly said you can't access WiFi after hours, then he's not breaking any law, mutually agreed upon social norm, or contractual agreement.
Reader Comments (Page 1 of 1)
Jeff @ Feb 25th 2007 4:24PM
"it's called beating the system, and people do it all the time."
Which doesn't make it legal. The phrase "beating the system" itself pretty much implies that you're doing something you're not supposed to do. And this guy didn't "beat the system" regardless, because he got caught.
I agree that the library should just shut off their connection after hours, but it's not really a requirement for them to do so in order to be protected under the law. It's the same as if I leave my door unlocked when I go out - that doesn't mean you're free to walk in and take my stuff. I may be stupid for leaving the door unlocked, but it's still trespassing if you come in without my permission.
I think the bottom line with wi-fi is that you have to treat it the same way as any other property. You can't assume permission to use it; you have to assume the opposite. You look for explicity permission, not explicit restrictions. I don't need to tell you not to steal any of my other stuff; why would I need to tell you not to steal my bandwidth? Ignorance is not an acceptable legal defense for breaking the law.
The culture of wi-fi grew up under a slightly different set of social norms, but now that it's grown up and into the mainstream, the same laws as apply to everything else are going to be enforced.
Andrew @ Feb 25th 2007 4:52PM
Using another's wi-fi is not the same as leaving your door unlocked and somebody walking in and getting it. I have a better analogy for you. It would be more like if you put your belongings on my property and didn't want me to take it. If the wi-fi transmits onto the street, i think he has every right to use it (granted he was in their parking lot so he could be accused of trespassing, but thats a different situation all together). It really isn't that hard to put on the simplest of protection for wi-fi. If there is any type of protection, then i think he should be prosecuted for hacking into it.
Kurtis @ Feb 25th 2007 7:54PM
Jeff. "It's the same as if I leave my door unlocked when I go out - that doesn't mean you're free to walk in and take my stuff."
No. That is a terrible analogy. It is more like planting a gorgeous flower garden in your front yard, and getting pissed when people stop in front of your house to take pictures of it. Sure it may be annoying that you have the occasional car full of people admiring your garden while blocking your drive, but if it really bothers you that much, put the garden in the backyard. If someone hops your fence to check out your garden, that is illegal.
Same thing with WiFi. You set up a wireless router, and people around you get on it. If that annoys you, encrypt it. If someone breaks your encryption and hacks into your internet, that is illegal.
People should really learn to think more deeply about an issue. Sure, Jeff's analogy might have seemed valid at first glimpse, but a second look, even a brief one, will tell you that it is wrong.
Andrew Fong @ Feb 25th 2007 8:08PM
Or an even more accurate analogy -- it's like if my neighbor decided to broadcast a radio signal and I decided to tune in.
Unlike breaking and entering into physical property, there's no established norm yet for WiFi. Given how many businesses and people provide free WiFi, if anything, the norm is that it's okay to do so -- the same way it's okay to listen to over-the-air radio stations without paying. Unless the library explicitly said you can't access WiFi after hours, then he's not breaking any law, mutually agreed upon social norm, or contractual agreement.