In recent weeks I’ve been reading about this issue. In a number of states and countries, it is in fact against the law. I read about a Michigan man that used a Wi-Fi port belonging to a coffee shop while parked across the street. After seeing the man there at the same time every morning a police officer questioned him and ultimately charged him under the Michigan Fraudulent Access To Computers,  Computer Systems and Computer Networks law. At the time of the arrest the police officer wasn’t totally aware of the law, just aware that the man was doing something illegal. The management of the Cafe had no idea he was using the port either. Had he been a paying customer of the Cafe using this open port , he would have been within the law. The man was fined $400 and had to do 40 hours community service. He got off easy as this law has a felony maximum  penalty of 5 years in prison and a $10,000 fine. I’m sure a search of the web would bring up similar cases in other states and countries.

This brings up some questions.

1. Should the port be open if it isn’t available to the general public?

2. Should there be some type of warning or coding specifying who is authorized to use the port?

3. Should the provider of the port have it secured and give their customers an access key?

Unfortunately we don’t see a lot of mainstream press coverage of such laws. I’m quite sure the average consumer running around with a laptop has no idea of the legal issues in using open ports.

I’ve piggybacked on open wireless ports on occasion and thought nothing of it. Makes a person have second thoughts now.

[tags]Wi-Fi,wireless hacking,lockergnome, chris pirillo,miiikeee[/tags]