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Michigan Man Charged for Using Free WiFi
Posted by
Zonk
on Wed May 23, 2007 11:24 AM
from the watch-where-you-wardrive dept.
from the watch-where-you-wardrive dept.
Nichole writes "Sam Peterson II was charged with unauthorized use of computer access for using a coffee shop's free WiFi. He is facing a 5 year felony charge and a $10,000 fine but apparently got off lucky and received only a $400 fine and 40 hours of community service because he was a first time offender. 'it seems few in the village of Sparta, Mich., were aware that using an unsecured Wi-Fi connection without the owner's permission--a practice known as piggybacking--was a felony. Each day around lunch time, Sam Peterson would drive to the Union Street Cafe, park his car and--without actually entering the coffee shop--check his e-mail and surf the Net. His ritual raised the suspicions of Police Chief Andrew Milanowski, who approached him and asked what he was doing. Peterson, probably not realizing that his actions constituted a crime, freely admitted what he was doing ... [the officer] didn't immediately cite or arrest Peterson, mostly because he wasn't certain a crime had been committed.'"
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Here We Go (Score:5, Funny)
-Peter
Re:Here We Go (Score:5, Funny)
"Come and get them!"
Parent
Re:Here We Go (Score:5, Funny)
"Our WiFi access will blot out the Sun!"
"So we will surf in the shade!"
Parent
Re:Here We Go (Score:5, Funny)
Parent
Let's just say for arguments sake... (Score:5, Interesting)
Parent
Re:Let's just say for arguments sake... (Score:5, Insightful)
However, piggybacking is different and philosophically wrong for two reasons. First, Wi-fi use DOES impact other users, as bandwidth is finite and allowed users may theoretically wind up having diminished use of the service due to piggybacking. But more importantly, you CANNOT just sit in a parking lot and use Wi-fi without deciding to ACTIVELY log on to the access point. While you may have a right to sit in the parking lot and use your computer, you are actively deciding to use someone else's resources when you log on, and doing so certainly is not unavoidable while using your laptop in that parking lot.
I'm not saying I like the law, because if they're too dumb to require a login, they will have issues bigger than this fellow who was quite up-front about what he was doing. But the previous analogy is a good example of why it is not quite as harmless as it seems.
Parent
Re:Let's just say for arguments sake... (Score:5, Insightful)
Parent
Re:Let's just say for arguments sake... (Score:5, Insightful)
I agree that stealing bandwidth is wrong, the punishment certainly does not fit the crime. This type of thing should be a civil infraction, not a felony. People who steal actual physical goods don't even have to face the kinds of penalties this guy potentially could have. When there's a complete disconnect between the severity of punishment and common sense, it causes contempt for the law.
Amen. All kinds of minor offenses have been trumped up into felony status by legislators gone wild. They seem to be engaged in zero-tolerance one-up-manship grandstanding as being tough on crime.
Parent
Re:Let's just say for arguments sake... (Score:5, Insightful)
Don't some setups automatically find the nearest unsecured access point and connect to it, without intervention from the user? What if I were to open my laptop in an unfamiliar area, only to have it automatically connect to an access point before I was able to halt the connection? Do we place the blame on the hardware/software maker for configuring their device to do this by default, or the user for not disabling it?
Most of the access points at the coffee shops around here don't mention anything of "Free Wi-Fi access with purchase!". While it could be argued that the "with purchase" is implied in those situations, I think it could be easily argued in a court that since there was no specific mention of it, patronage of the establishment was not required.
IMHO, if an access point is unsecured and available, it should be fair game for public use without any implied fine print.
Parent
Re:Let's just say for arguments sake... (Score:5, Insightful)
Parent
So using this logic.... (Score:5, Interesting)
Re:So using this logic.... (Score:5, Funny)
Parent
Re:So using this logic.... (Score:5, Insightful)
No. In your example, there's no computer involved.
Really, there are two contradictory laws at stake, here.
1) According to the FCC, it's perfectly legal to receive ANY BROADCAST TRANSMISSION. I can set up a radio receiver and pick up whatever happens to be in the air. This includes wifi broadcasts, which are really nothing more than a cordless phone combined with a MODEM.
2) But, it's also illegal in most areas to "access computers or computer networks without permission". They stand in contradiction to each other. The part that's odd here is that the WIFI spot announces itself as unencrypted, sort of like a welcome sign. How did this guy not have permission to access the network?
I personally think that wireless networks, even those that are being broadcast in unlicensed spectrums (like wifi) should be illegal to access if the "digital doorknob" is locked. If you have to enter in a password or decryption key, even a weak one like WEP, it's illegal to access. But, if it's open/unencrypted, then you should be free to act with impunity.
This is how we interpret things more physically. AFAIK here in California, if you approach my house and the front door is closed such that you have to turn the doorknob to enter it, it's illegal to enter without a specific invitation. (EG: "Come on in" sign, me hollering for you to, whatever) But if the door is open, you can enter with impunity - having the door open can be considered an invitation to enter.
(IANAL, etc)
So why would wireless networks be any different? Don't want people accessing your network? Put up a password/encryption key. Otherwise, your door is open, and people can (and probably will) enter.
PS: More than once, I've trolled middle-class neighborhoods for a hotspot in a pinch. It seems that the best neighborhoods are the straight-up middle class ones - lower classes don't tend to have high-speed connections, upper classes tend to hire tech weenies to set up their networks, and they usually secure them. But the guys in the middle buy their Linksys routers at Best Buy, take them home, plug them in, they work, and they stop there.
Parent
Re:So using this logic.... (Score:5, Interesting)
I'd say that a network that is unsecured and broadcasting its SSID is essentially an invitation to join that network. An unsecured network that is not broadcasting an SSID is like a house with the door closed but not locked -- you don't have permission to enter, even though it is still trivial to do so. A secured network, even if the security is weak, is like a locked door. It might only take a single kick to knock it in, but that's still B&E.
The problem though is that the default setting of wireless routers is unsecured and SSID broadcast enabled, and of course like with everything few people ever change the defaults. It makes it easy for anyone to set up a network -- turn on the router, click "Find network" on the PC, done -- but the result is we have tons of unsecured, open networks whose owners may not want to be open but don't know how to say that in wireless protocol terms.
Parent
Re:So using this logic.... (Score:5, Insightful)
Oh well that makes the totally unreasonable nature of what happened OK then. I'm glad that I'll only ever be arrested for things that are illegal so as long as I'm not a terrorist criminal pirate general bad guy I'll be fine. I'm also glad I can trust the government to keep the letter of the law such that it only makes bad stuff illegal.
I like it here in your little fantasy world. I'd stay, except I'm not a total bloody retard.
Parent
Re:So using this logic.... (Score:5, Insightful)
Hear hear!!
Man..this sucks...neither he nor the operator of the coffee shop knew they were committing a crime, it sounds like the owner of the open wifi didn't care to press any charges, and YET, this guy while getting off 'easy' is now a convicted FELON!! So much for the rest of his life as far as getting jobs, owning a firearm, or possibly even voting.
On another note....I wonder what other states have laws like this??
Parent
Re:So using this logic.... (Score:5, Interesting)
What about when my very first act is to ask the network administrator if I'm allowed to use his network, and he says "yes"? Is it okay then? What if my NIC asks his router if I'm allowed to use his network, and his router says "yes"? Is it okay then?
Parent
Re:So using this logic.... (Score:5, Insightful)
Parent
Re:So using this logic.... (Score:5, Interesting)
Parent
Re:So using this logic.... (Score:5, Insightful)
Web servers are intended for the dissemination of information to third parties. Wi-fi gateways are basic infrastructure, and can be reasonably be considered intended for the use of authorized parties only, given most people are unlikely to want anonymous third parties using their network without permission.
And using the term "configured to give public access" is framing. The correct term is "unconfigured" in the vast majority of gateways. It's no more "configured to give public access" than a door that's been left unlocked is likewise.
In the real world, there are many objects that provide access to things where the configuration and existence of the object does not necessarily imply anything about the right of third parties to use what they provide access to. A garden gate can reasonably be assumed, if the gate is unlocked, to be not intended as a barrier to prevent a visitor from entering. A front door, however, can be reasonably assumed whether locked or unlocked to be a boundary over which a visitor cannot cross without explicit permission. The mistake of many on the "Unlocked WAP means I'm allowed in" argument is to assume such a state of affairs does not exist, and that you can reasonably make assumptions about whether you're allowed to do something on the basis of whether it's easy or not.
As always, there's a solution: just ask. If you're afraid to ask someone if they'd mind if you used their Internet connection via their WAP, you might want to ask yourself whether you really have their consent.
Parent
Re:So using this logic.... (Score:5, Funny)
These places are called stores.
Parent
Re:So using this logic.... (Score:5, Interesting)
First, we identify the players in this game.
You = You.
Network = House.
Router = Door.
Now, what we have is a House, protected by a Door with a button and a sign. The sign says, "Push the button and I'll open the door if you meet my criteria." The button causes the Door to be opened if you meet the criteria set forth by the owner of the House and the Door.
You walk up to the House, read the sign and push the button. The Door opens to allow you into the House.
Is it trespassing? No. The button is a machine tasked with carrying out the owner's directions. It's interesting to note that replacing a button with a motion sensor gives you the very same automatic doors that most retail stores have. It is not trespassing.
So change the nouns around. Is it trespassing if a router gives you access to a network according to the owner's directions? Answer: No it is not.
Parent
Re:So using this logic.... (Score:5, Insightful)
I know we all love analogies around here, and most of them are pretty off the wall, so let me see if I can come up with a more direct correlation to all the parts of the "crime" here.
Your front yard has a water fountain sitting next to the sidewalk. You pay for the water. The fountain only works by use of a key. But you have a machine sitting next to the fountain that produces a key for anyone who presses a button labelled "Press here to request access to water fountain". Am I committing a crime by pressing the button and then drinking the water?
Parent
Re:So using this logic.... (Score:5, Funny)
I'm sorry, your analogy must contain at least one automobile. Please try again.
Parent
Re:So using this logic.... (Score:5, Insightful)
Actually, if our legal system were rational, there would be a trivial answer: As soon as that packet is either accepted (and forwarded) or rejected (and bounced) by the AP, you'd know. If the packet was accepted, then the AP has in fact allowed you to use it. And it didn't do this by accident. It was explicitly programmed to behave that way. Or, more likely, the software has config setting saying whether to accept or reject packets from unregistered devices, and the AP's owner has set this to "accept". You should be able to tell the court "My packets were accepted and delivered; it's clear that I was in fact allowed to use the AP."
The tired old road analogy might help: If you're driving along, pass through an intersection, and continue on the road on the other side, how do you know if it's legal for you to drive there? Pretty much everywhere in the world, the same rule applies: If there's some sort of "no entry" or "private road" sign, then you probably shouldn't drive there. If there's no such sign restricting access, then you are allowed to drive there. Any court would interpret the lack of an explicit sign to mean that the public is permitted to use the road. The fact that someone (maybe the town, maybe a private owner) owns the road is irrelevant; you won't be arrested for driving on a road without signs that tell you the rules. We all understand that, without this rule, our road system would be unusable.
But someone else pointed out the magic word that makes this case an exception: "computer". We seem to be in a phase where, the instant a computer gets involved, all social and legal precedent goes out the window, and everything must be relearned from scratch. Any attempt to explain the precedent gets a "But that's different" reply, with no coherent explanation of what the difference is or why it matters. The mere presence of a computer invalidates everything you ever knew, and you have to fight all the old fights all over again.
But in a few centuries, it'll probably settle down, and computers (like roads, cars, etc.) will just be tools that are treated like all other tools.
We can hope that freedom of speech, communication, expression, whatever survive the relearning process
(I do wonder what the court would say if the defendant here were to file an "entrapment" suit against the store owner. After all, there are a lot of open-access APs around. How is one to know while traveling whether any given AP is legally usable? This decision potentially makes it rather risky to just be a traveler in Michigan, especially now that cars are starting to come with onboard networks and comm equipment. It's just a matter of time until someone is arrested while driving along I-94 because their car used a local AP to talk to the factory or download a map.
Parent
Inconsistant article (Score:5, Interesting)
"unauthorized use"? (Score:5, Interesting)
You're kidding, right? (Score:5, Insightful)
He didn't know he was breaking the law
The COP didn't know he was breaking the law
The STORE OWNER didn't know he was breaking the law
So how exactly did he wind up getting a $400 fine, community service, and a diversion sentence out of it?
Common sence tells me that there's nothing for him to "divert" - I suspect if you had just TOLD him he was breaking the law, he'd have said "oops - sorry - I won't do it again"
What a waste of resources.
Re:You're kidding, right? (Score:5, Insightful)
Parent
Re:You're kidding, right? (Score:5, Interesting)
Parent
Re:You're kidding, right? (Score:5, Interesting)
If public parks are paid for by citizens of that municipality, are people from out of town allowed to use them? Free means free. I was under the impression that if something is only free to customers as a marketing ploy, you have to do something to keep it from those who are not customers. How is this a crime? If a store offers free candy bars to the first 1000 shoppers on Saturday morning as a marketing ploy, have you committed a crime if you take one of the candy bars but don't buy anything? I think that we need to ensure that businesses advertise that they have either FREE Wi-Fi or Free-to-customers Wi-Fi to clear this up. Once it is posted (like no trespassing signs) there is no longer any question about whether it's a crime or not.
Parent
Re:You're kidding, right? (Score:5, Insightful)
Here, we have a specific case where neither the perp, the cop, NOR the store owner were aware of the existence of the law - it seems to me that "justice" would have been much better served by just *informing* everybody about the law, so that it wouldn't happen again.
The point of law is NOT to prosecute people, or put them in jail - it's an agreed-upon set of rules that we agree to follow when we join a society, so that society can function smoothly. Prosecution - and subsequent punishments - are intended to be coercive measures to enforce compliance with these rules.
If ever there was a case of "This time, I'll let you off with a warning", this is it.
Parent
It's supposed to be the *justice* system (Score:5, Insightful)
I think that you, like many other people, misunderstand this precept. The idea is that ignorance of the law cannot be considered a valid legal defense, basically because it would be absurd to have to prove that someone knew the law in question.
The justice system is supposed to be about justice, however, and while a person's ignorance is not a legal defense, it is something that should be taken into consideration when deciding whether it is just to punish them. If someone does not know the law, it is reasonable for them to think their action is legal, and no significant harm is done, then justice is NOT served by prosecuting them. They intended no harm. They are not a threat to society. Society will be harmed more by using the resources to prosecute them than it will be aided by the prosecution. It is completely foolish to prosecute someone when simply telling them not to do it will be just as effective, and such needless prosecution is befitting of a police state not a free society.
People who enforce the law are supposed to do so judiciously. They are not supposed to blindly apply the letter of the law but rather they are supposed to use their human judgement to decide what is the just application of the law. And people in law enforcement and the justice system do this all the time. Cops let people off with a written warning (or sometimes just a verbal warning). DAs elect not to prosecute a person (or to give them a generous plea deal) if prosecution under the stautory penalty would be unjust. This is a vital part of their job. Both the cop and the county attorneys failed in doing their job in this case.
Parent
This is ridiculous (Score:5, Insightful)
Re:This is ridiculous (Score:5, Insightful)
Parent
Windows XP just connects... (Score:5, Interesting)
Re:Windows XP just connects... (Score:5, Interesting)
Parent
Doesn't the provider have any responsibility? (Score:5, Interesting)
If people don't want everyone on their WiFi, they should have to either secure it with a key or restrict it to the premises.
Don't talk to cops! (Score:5, Insightful)
This is silly (Score:5, Insightful)
If a coffee shop wants to limit its "free wifi" to paying customers only, there is plenty of technology out there to do that. Having worked for a company that sold wireless equipment to coffee shops, I can't believe that they would have been ignorant of this fact, as my company and several others probably would have been constantly bombarding them with sales people trying to sell them products that do exactly that.
If a coffee shop has big signs that say "Free WiFi!" and I am able to pick up a clear signal outside of the coffee shop and connect to it, I can't reasonably be expected to know that "free" to them means "to paying customers only" unless it was explicitly stated on those same signs. Even so, what if this guy picked up the signal from somewhere out of sight of the coffee shop? How could he reasonably be expected to know it was not intended as a public access point, unless the SID was something like "buycoffeeorGTFO"?
Keep your mouth shut. (Score:5, Insightful)
Question: "What are you doing" (cop probably thought he was looking at porn and masturbating in public) Answer: "I'm working on my computer. How's your day going?" Question: "Great. Have a nice day."
Re:Keep your mouth shut. (Score:5, Funny)
Even better, just fondle your WWGD bracelet, ask yourself "what would Gonzales do?", and reply, in your best Steve Martin voice: "I forgot."
Parent
Bravo! (Score:5, Insightful)
A job well done to chief Milanowski. Way to dig for a tool to hit the guy with. Instead of tracking down drug dealers, thieves or physically abusive spouses - or even setting speed traps - he's protecting the town against wi-fi users. I feel so much safer...
I wonder if it came into consideration the idea that a) using a freely offered wi-fi connection doesn't seem to cover the intent of the law as described; and b) the cafe offered the wi-fi connection _freely_. Whether it was offered specifically to customers or anyone in a radius - which isn't made clear - the cafe was offering and didn't even complain about the guy using it. They certainly could either post a sign saying, "Must be a customer to use this service," like restrooms, or enable a key that would be given out only to customers.
Again, Bravo! to chief Wiggum - oops, Milanowski - for going well out of his way to bust someone. You, sir, are a shining example of what law enforcement should be like - in a police state...
Fifth amendment? (Score:5, Interesting)
Contact Info (Score:5, Informative)
Chief Andrew Milanowski
260 W. Division
Sparta, MI 49345
General Phone: 616-887-8716
Fax: 616-887-7681
Email: policechief@spartami.org
T Lynn Hopkins
Firm: Kent County Prosecuting Attorney
Address: 333 Monroe Ave NW
Grand Rapids, MI 49503-2211
Phone: (616) 774-3577
Fax: (616) 336-3095
Laws and Mores (Score:5, Insightful)
We can not legislate all aspects of human behavior. It simply won't work.
Healthy societies have both laws and mores to shape human behavior. Laws derive from a logical/thinking framework, and mores are primarily from an emotional/feeling framework. All people have the ability to use both thinking and feeling in making decisions about what is right or wrong. But in American society, and more generally in a capitalist mentality, laws and money interests have so completely dominated that people have forgotten about the mores.
Mores are like laws, but enforced by society feedback, typically emotional feedback. People frown at Bob if he acts like an ass, and he understands that he should stop acting like that, because Bob doesn't like it when people frown at him. That is because Bob is healthy and likes to have healthy happy people around him. Note, nowhere in here are we able to legislate that Bob "acting like an ass" is illegal in a logical way.
We can that the Bush administration as the PRIMARY promoter of this mentality: "If it is not illegal, than I can get away with it." As such shining examples leading the USA today, more and more people (like Enron) are saying, "Hell, why not me too?"
This problem will not stop unless and until people start giving strong emotional feedback (disapproval, and eventually ostracizing people) for bad behavior.
Felony == criminal (Score:5, Insightful)
This is an example of why mandatory minimum sentences are bad. It's done to "get tough" on criminals, but all it does is force judges to "get stupid" and not be able to apply any judgement to cases like this one.
Parent
Re:Felony == criminal (Score:5, Insightful)
Parent
Re:Felony == criminal (Score:5, Informative)
From the original article:
Parent
Re:Felony == criminal (Score:5, Interesting)
Milanowski, who eventually swore out a warrant for Peterson, doesn't believe Milanowski knew he was breaking the law. "In my opinion, probably not. Most people probably don't."
Where I grew up, the police would've just come over and said, "Hey, you shouldn't be doing that. Don't let me see you down here again." Instead, this jerk writes up a warrant. I guess that "To protect, and to serve." idea is really an anachronism these days.
Parent