Personally, I think this is a great example of “stretching” a law to cover an unintended “crime”. This actually happens all the time. Wasn’t RICO supposed to only be used against the Mafia? Only in this case this is a “crime” that almost everyone has, at one time or another, probably “committed”. We have constitutions that delegate lawmaking power to organizations for a reason. That reason isn’t just so they can declare the Black-eyed Susan Maryland’s state flower. If there’s a real need to make this a crime where are the legislative-critters? Where is the statutes?
So, the question remains, is using someone else’s WiFi without permission a crime? Exactly how bad a crime have you committed and what kind of penalties should you be subject to? Or is this the equivalent of utilizing your neighbor’s porch light that s/he left on, light that is spilling over onto your property?
Threat Level details an arrest:
A Michigan man got snagged by the cops and slapped with a $400 fine for using an open wireless connection at a cafe without purchasing a drink. He was in his car in the parking lot checking his email when an intrepid lawmen apprehended him. He was charged with “Unauthorized Use of Computer Access,” according to WOOD TV. However, that statute seems to require that the person be using the access to commit a crime. They might also have hit the guy with “Obtaining telecommunications services with intent to avoid charge,” a statute so broad that anyone who tethers their phone to a laptop without carrier permission would be guilty of a misdemeanor.
…and then asks for analogies:
Enjoying the shade cast upon your yard by your neighbor’s tree
by Matt Huggins
Your neighbor planted the tree, waters, fertilizes and prunes the tree. You enjoy its shade, its appearance, possibly its fragrance and/or fruit, if the wind carries it into your yard. The pleasure of the tree (and its drawbacks, in some cases) impacts both his yard and your yard. He would be within his rights to cut down the tree, maybe erect a huge wall, but cannot otherwise curtail your enjoyment.
Music at the bistro
by Drew
Using an open WiFI connection is like standing on the sidewalk outside the local bistro and hearing the band that’s playing inside. Are you loitering? Yes, after a while. Are you stealing? Not even close.
Gas station bathroom
It’s like going into a gas station and using the bathroom without buying gas. Wait, you can’t do that anymore because gas stations lock the bathroom and make you ask the attendant for the key. Hey, that’s ANALAGOUS! Lock the wireless down unless you don’t mind allowing passersby to use the facilities.
Drinking from someone’s water fountain
by PsyDev
I think this is a good example because the flow of water is essentially free. It’s only disruptive if an inordinate amount of people do it (imagine a line up to use the water fountain). This would be akin to bandwidth constriction due to overuse from freeloaders. This is not likely though, and so it is basically just harmless freeloading.
Is Like Listening to Your Neighbor’s Noise Polluting Stereo and Enjoying It
by Tom M
If the coffee shop wants to broadcast in public spaces, they run the risk of people using it.
Like neighbor’s lawn sprinkler watering my lawn
by jimemak
Going into shopping mall just to get out of the heat
by giff
If you don’t buy anything, are you stealing their “cool”?
Taking Candy From A Doctor’s Office Candy Jar W/O A Sign Saying Help Yourself
by Wired News
Using open bandwidth is like taking candy from a reception desk candy jar that has no sign. If it’s open, it’s understood to be free.
enjoying your neighbor’s garden
…from the comfort of your own back porch. Don’t you dare stop to enjoy the flowers!