Posted on 05/31/2007 12:51:13 PM PDT by Responsibility2nd
A Michigan man has been fined $400 and given 40 hours of community service for accessing an open wireless Internet connection outside a coffee shop.
Under a little known state law against computer hackers, Sam Peterson II, of Cedar Springs, Mich., faced a felony charge after cops found him on March 27 sitting in front of the Re-Union Street Café in Sparta, Mich., surfing the Web from his brand-new laptop.
Last week, Peterson chose the fine as part of a jail-diversion program.
"I think a lot of people should be shocked, because quite honestly, I still don't understand it myself," Peterson told FOXNews.com "I do not understand how this is illegal."
His troubles began in March, a couple of weeks after he had bought his first laptop computer.
Peterson, a 39-year-old tool maker, volunteer firefighter and secretary of a bagpipe band, wanted to use his 30-minute lunch hour to check e-mails for his bagpipe group.
He got on the Internet by tapping into the local coffee shop's wireless network, but instead of going inside the shop to use the free Wi-Fi offered to paying customers, he chose to remain in his car and piggyback off the network, which he said didn't require a password.
He used the system on his lunch breaks for more than a week, and then the police showed up.
(Excerpt) Read more at foxnews.com ...
(Milanowski ruled out Peterson as a possible stalker...but still felt that a law might have been broken.
“We came back and we looked up the laws and we figured if we found one and thought, ‘Well, let’s run it by the prosecutor’s office and see what they want to do,’” Milanowski said.)
Disgusting officer and prosecutor. There is nothing fair about prosecuting someone using a law that nobody heard of and that was put in place to protect against a different “crime” altogether. It sounds like the locality just needed the guy’s $400. Then the police and prosecutors wonder why they have such a bad reputation, and why people don’t trust them anymore...
“but instead of going inside the shop to use the free Wi-Fi offered to paying customers, he chose to remain in his car and piggyback off the network, which he said didn’t require a password.”
That is really great publicity for the business.
I’m sure that will drive more coffee their way.
I
Actually, it’s more like someone taking advantage of the air conditioning seeping from the building to get cool or standing outside a concert hall where you can hear the music.
No, its not.. Not locking your door does not mean someone can walk in and use your phone..
That’s what you get when you surf FreeRepublic outside a StarBucks.
I can’t wait until that guy behind me starts billing me for stealing his salsa “music.”
I just see it as tacit approval for the general pubic to use your services since they are unlocked and have left your property. If I have to come onto your property to use them, that is a different deal.
The problem is with the Michigan law as written. It makes it a felony to connect to any computer network without "authorization."
752.795 Prohibited conduct.So under this law as it was interpreted in this case it is a felony in Michigan to roam with your cell phone on a different carriers network since you did not get either verbal or written permission from the other carrier to do so!Sec. 5.
A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:
(a) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.
Probably because that would cause trouble for their *paying* customers who just walk in and use the service.
Nonsense. The shop has *offered* free wifi access to the public. He stole nothing. He was merely using a service that they plainly offered to anyone that wished to use it.
They are broadcasting. This much is known. By your logic noise violations should be dealt with by holding ones hands over their ears. Ridiculous. They are broadcasting the signal..
That is like saying not locking my house or car door grants permission for a thief to enter and steal my personal property.
This should be cut and dried clear, the whole idea of “free” internet access or “free” music and movie downloads is helping to destroy the basic concept of private property.
When someone else is paid the bill, others should respect it. If they don’t it’s socialism.
If you told someone its Free then you have no right to complain. Free is just that Free. I have seen business advertise free wifi. These busnesses can’t have it both ways now can they?
No, but if you put a stack of money outside with a sign on it that says "free money", then it is not stealing to take it.
But I’m not going on your property. Your property is left to roam about freely with no restrictions on access. I’d say that is express permission to use it since a simple password would be such an easy thing to install.
They have to broadcast because its a service they offer to customers. It is well understood legally that an open door (even if there is a sign posted ‘we have a million dollars on our coffee table) does not give one the right to walk in and take what they want.
“How far does your ‘private property ‘extend?”
My private property includes anything and everything I paid for.
In both cases, neither party who is "stolen" from actually loses anything measurable. In the former case, you could argue that the artist loses potential revenue they'd have otherwise received from purchase of their music, but that assumes that any of the downloaders would have actually paid for it.
In this case, the guy might be misusing their parking area (taking up a space that could go to a paying customer), but the store is certainly not losing anything through his internet use unless they pay by the MB (highly unlikely).
Do you have a cellular phone?
Sounds like he was parked on the street in front of the store, which isn't private property.
1. It’s Trespassing.
If that is the case, then charge him with trespassing, but that isn't what he is charged with.
2. It’s Stealing Bandwith
How can you steal something that is free?
It’s no different than someone coming over the border illegally.
Except for the sneaking over the border part.
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