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Michigan Man Fined for Using Coffee Shop's Wi-Fi Network
Fox News ^ | 05/31/2007 | Sara Bonisteel

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 ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: nocrimeinmichigan; policestate; wifi
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To: TChris

(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...


41 posted on 05/31/2007 1:10:22 PM PDT by winner3000
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To: Responsibility2nd

“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


42 posted on 05/31/2007 1:10:26 PM PDT by HereInTheHeartland (Never bring a knife to a gun fight, or a Democrat to do serious work...)
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To: rwilson99

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.


43 posted on 05/31/2007 1:10:28 PM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: P-40

No, its not.. Not locking your door does not mean someone can walk in and use your phone..


44 posted on 05/31/2007 1:11:05 PM PDT by N3WBI3 (Light travels faster than sound. This is why some people appear bright until you hear them speak....)
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To: Responsibility2nd

That’s what you get when you surf FreeRepublic outside a StarBucks.


45 posted on 05/31/2007 1:12:01 PM PDT by TexasCajun
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To: kinoxi

I can’t wait until that guy behind me starts billing me for stealing his salsa “music.”


46 posted on 05/31/2007 1:12:12 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: dynoman

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.


47 posted on 05/31/2007 1:12:34 PM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: TChris
Prosecuting this guy using a law against hackers was a severe miscarriage of justice. The judge, jury and prosecutor should all hang their heads in shame.

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.

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.

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!
48 posted on 05/31/2007 1:12:36 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: TommyDale
I would really question the defense attorney for not challenging the fact that the coffee shop did not encrypt or take security measures

Probably because that would cause trouble for their *paying* customers who just walk in and use the service.

49 posted on 05/31/2007 1:12:50 PM PDT by N3WBI3 (Light travels faster than sound. This is why some people appear bright until you hear them speak....)
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To: rwilson99
1. It’s Trespassing.
2. It’s Stealing Bandwith

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.

50 posted on 05/31/2007 1:12:57 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: N3WBI3

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..


51 posted on 05/31/2007 1:14:09 PM PDT by kinoxi
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To: FreedomCalls

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.


52 posted on 05/31/2007 1:14:09 PM PDT by dynoman (Objectivity is the essence of intelligence. - Marylin vos Savant)
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To: N3WBI3

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?


53 posted on 05/31/2007 1:14:22 PM PDT by Orange1998
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To: N3WBI3
If you leave your your door open and someone can see a stack of money on the table through your windows it does not give them the right to use it.

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.

54 posted on 05/31/2007 1:15:02 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: N3WBI3

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.


55 posted on 05/31/2007 1:15:04 PM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: kinoxi

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.


56 posted on 05/31/2007 1:15:42 PM PDT by N3WBI3 (Light travels faster than sound. This is why some people appear bright until you hear them speak....)
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To: kinoxi

“How far does your ‘private property ‘extend?”

My private property includes anything and everything I paid for.


57 posted on 05/31/2007 1:15:51 PM PDT by dynoman (Objectivity is the essence of intelligence. - Marylin vos Savant)
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To: dynoman
They didn’t understand downloading music and video was the same as stealing private property when the artist has not released the copyrights for the work. This guy was using internet being paid for by someone else without their permission. That is stealing pure and simple. I don’t know what is so hard to understand about that.

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).

58 posted on 05/31/2007 1:16:24 PM PDT by Sloth (The GOP is to DemonRats in politics as Michael Jackson is to Jeffrey Dahmer in babysitting.)
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To: dynoman

Do you have a cellular phone?


59 posted on 05/31/2007 1:16:55 PM PDT by kinoxi
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To: rwilson99
He parked his car on private property to steal internet service.

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.

60 posted on 05/31/2007 1:17:16 PM PDT by TomB ("The terrorist wraps himself in the world's grievances to cloak his true motives." - S. Rushdie)
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