Here is a story on a bizarre Wi-Fi "theft of services" arrest. We
don't know the whole story since nobody is talking, but jeez… A 3rd degree felony arrest for surfing in front of an
open network? The WLAN owner even said he left it open on purpose, "because his neighbors are older." I don't know if
that means he was letting his neighbors use it as a service to the elderly or he didn't lock it down because he assumes
old people aren't smart enough to use a wireless network.
"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." Which begs
the question: Is clicking "Connect" in Windows XP hacking? Now this person using an open network while parked in the
street is being compared to a terrorist and pedophile before we have *any* facts. Maybe the police are using this until
they can bring a more serious charge, but it sure is unnerving to see this happen in the way depicted.
I'm going to keep paying $80 a month for Verizon EVDO. Maybe I can avoid a felony arrest for hacking an open
hotspot.
[via WiFiNetNews]
This niche blog has now been merged into the The Wireless Report (www.thewirelessreport.com), which covers all things wireless.
Wi-Fi user gets arrested for using unsecured network
Reader Comments
(Page 1)2. Interesting article. I recently moved into a new nighborhhod and one of the wireless connections I currently use is an open WLAN from somewhere in my vacinity. I did nothing to 'hack' into it...it was just there when I first opened my laptop. I almost didn't subscribe to Charter's internet service because the signal I was getting for free was so good.
Posted at 5:29AM on Dec 19th 2005 by Hank
3. There are a 3 or 4 open wireless networks in my vacinity and it requires absolutely no effort, let alone hacking, to get online through any one of them, Windows XP sometimes decides on it's own which one to use. Don't tell me, Microsoft makes unstable OS's that cause your criminal record to be unstable as well?
Posted at 5:29AM on Dec 19th 2005 by m@rk
4. Mike,
First, from the article it was not clear that Benjamin Smith, the SUV driver, was actually using Dinon's network. He may have been using a map CD and a GPS to find his way back to the highway. He may not have been using a network at all. Dinon may be a paranoid going overboard.
What if he was using a city-wide network? Who is to prove whose network Smith was using?
I think it had to be far more than just using the network ... consider that he was charged with a felony "unauthorized access to a computer network" (poosibly XLVI-815.06)
Typically people are charged with a felony when there is a very serious voilation such as a loss of human life or property. For example stealing credit card numbers is a felony in many states.
Now if Dinon actually has proof of Smith actually entering and "hacking" his network, you have to ask ... if this guy is smart enough to trace unauthorized computer access, then why did he not secure his network??
Ahhh but Dinon adimits he left his network open on purpose for use by the neighborhood -- essentially a public hotspot.
If he intended to share his network with a select group of elderly neighbors as he claims, then he would have to have help them setup the wireless network to their computers. Then why did he not secure that connection with WEP? Quite obviously, the network was left open not just to his neighbors, but to the public as a whole.
To use the door analogy, authentication is like knocking and association is like turning the doorknob. Quite clearly, username/password and keys can be equated to locks. A yard sale or an open house sign prompts closer examination of the property. In the same way, a broadcast SSID may be taken as an open invitation for a network.
This case is like saying OPEN HOUSE!!! Come on in! ...then charging Smith with a felony for entering.
If you follow a protocol trace of the access point-client card exchange, Smith may have seen an SSID Broadcast (the Garage Sale Sign), and then he probably authenticated with any SSID using the Open Authentication protocol (if you are not using 1X) which gives everyone permission to enter. Then he associated to enter the network. Since there is no username and password exchange, you would think he is free to enter the network.
If Dinon is smart enough to trace unauthorized computer access on his public network, then why did he not secure his private network against hacking??
The problem I see resulting from this kind of a case is that all people pulled over on the side of the road looking at a laptop are immediately judged to be public masturbators, exhibitionists, terrorists, or pedophiles.
Posted at 5:29AM on Dec 19th 2005 by Konrad Roeder
5. What I find especially disturbing is that this story is being picked up all over the place and repeated verbatim without any comment or critique of the absurd assumptions upon which it is predicated. This is NOT a case of stealing, this is NOT a case of unauthorized access, and asking for and being given an ip address obviously ISN'T hacking.
The story pretends to be objective and unbiased by uncritically parroting the language used by Dinon and the police, but in so doing it creates the dangerously false and misleading impression that Smith has committed some sort of crime.
Is this the way we'd expect the media to cover a story about one of us opening our door to a stranger asking to use the telephone and, instead of saying no, inviting her in, handing her the phone, and then sneaking out to the garage to dial 911 on our cell phone to report an intruder?
I suspect, in that case, the “facts” would be reported a little more objectively, Or am I being overly optimistic about the ability of reporters to exercise common sense? In any case, I think this warrants a few letters to the editor of the SPTimes, as well to those who've picked it up off the wire.
6. this is absolute crap...if the network is open, it's open, enough said. if he cracked the username/password i'd understand, but if no password is requested, "it's on". if i go up to a payphone and dial a number, the call goes through without a request to insert x-amount of money, is that theft of service. ok, bad analogy...it probobly is theft of service, but i'm not going to tell anyone if you don't.
Posted at 5:29AM on Dec 19th 2005 by simon key
7. This guy's only crime was loitering. Konrad is right -- there's no way of knowing WHAT he was doing with the laptop. He should have moved on to another AP, if that in fact was what he was doing. And yes, the media is blowing this WAY out of proportion.
Posted at 5:29AM on Dec 19th 2005 by JustMe
9. these are radio waves! it's not illegal to pick up radio waves as long as you do not alter them. is it illegal to tune your radio to a open frequency? I would like to see if the prosecuter actually finds this guy guilty
Posted at 5:29AM on Dec 19th 2005 by istealwifi
1. Interesting article. I recently moved into a new nighborhhod and one of the wireless connections I currently use is an open WLAN from somewhere in my vacinity. I did nothing to 'hack' into it...it was just there when I first opened my laptop. I almost didn't subscribe to Charter's internet service because the signal I was getting for free was so good.
Posted at 5:29AM on Dec 19th 2005 by Hank