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Thread: Is it illegal to connect to an Open wireless network?

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    Just burned his ISO
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    Post Is it illegal to connect to an Open wireless network?

    I would like to discuss whether or not it is illegal to connect to an open wireless network with no encryption whatsoever that you do not own or have a permission to use.

    Feedback would be nice based on the country of residence.

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    Moderator theprez98's Avatar
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    Quote Originally Posted by medfreak View Post
    I would like to discuss whether or not it is illegal to connect to an open wireless network with no encryption whatsoever that you do not own or have a permission to use.

    Feedback would be nice based on the country of residence.
    In the United States, it is most certainly illegal.
    "\x74\x68\x65\x70\x72\x65\x7a\x39\x38";

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    In South Africa, it's also illegal but the police here don't even know the laws themselves and are technically not very advanced.

    It's like we don't have high tech FBI and such here, lol

    For example, my city has an extensive wireless community which I haven't connected to because I'm behind a hill and a bit far away.

    The admin and the mods on their website post openly about wardriving and connecting to open networks, wtf.

    They must come here and they'll be banned one time, lmao

    The problem with a question like this is that it borders on politics, and that's against the forum rules.
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    Moderator KMDave's Avatar
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    There were several threads about this issue.

    A good comparison is that it is also illegal to sit in a car where someone forgot his keys in and which is unlocked. It is still theft, even if the owner is more or less inviting someone to steal his car.
    Tiocfaidh ár lá

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    UK: Illegal

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    Just burned his ISO reaper_unique's Avatar
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    Belgium: Illegal, but the police here is too stupid(in my opinion) to catch anybody. Except when the "hacker" is sitting in his car at brought daylight with his laptop on his lap in front of the persons house he's "hacking".
    "Our lives begin to end the day we become silent about things that matter." U_U

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    Senior Member Thorn's Avatar
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    Quite frankly, I have not yet seen a country where it IS legal. If the place has a data infrastructure more complicated than crank telephones and actually cares about protecting the citizen's rights, it's probably illegal.

    Most countries treat it as a relatively minor offense, meaning a fine if you're caught. (Typically $100-500USD.) However, some counties (Singapore comes to mind) will throw you in jail for 6 months for a first offense.
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    My life is this forum thorin's Avatar
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    In 99% of cases/locations yes it is indeed illegal.

    For US info check here:
    http://irongeek.com/i.php?page=compu...e-hacking-laws

    While IANAL, I did manage to dig some info up. Here is some of the relevant Canadian Criminal Code (Federal):
    http://laws.justice.gc.ca/en/showdoc.../en#codese:326
    Theft of telecommunication service

    326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,

    (a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or

    (b) uses any telecommunication facility or obtains any telecommunication service.

    Definition of “telecommunication”
    (2) In this section and section 327, "telecommunication" means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system.

    R.S., c. C-34, s. 287; 1974-75-76, c. 93, s. 23.

    Possession of device to obtain telecommunication facility or service

    327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

    Forfeiture
    (2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.
    So if it's not yours then don't use it. If you do use it then know you have to prove a "lawful excuse" for such use and that you'll likely forfeit your gear for at least the duration of the investigation and trial(s).

    http://laws.justice.gc.ca/en/showdoc...e:430-ss:_1_1_
    Mischief in relation to data

    (1.1) Every one commits mischief who wilfully
    (a) destroys or alters data;

    (b) renders data meaningless, useless or ineffective;

    (c) obstructs, interrupts or interferes with the lawful use of data; or

    (d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

    Punishment

    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
    Punishment

    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    (b) is guilty of an offence punishable on summary conviction.

    Idem

    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),
    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    (b) is guilty of an offence punishable on summary conviction.
    I'm a compulsive post editor, you might wanna wait until my post has been online for 5-10 mins before quoting it as it will likely change.

    I know I seem harsh in some of my replies. SORRY! But if you're doing something illegal or posting something that seems to be obvious BS I'm going to call you on it.

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    Moderator theprez98's Avatar
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    Bottom line: it's illegal, so don't do it.
    "\x74\x68\x65\x70\x72\x65\x7a\x39\x38";

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