There usually is.
But on the face of it; this guy has been screwed.
If they project their signal beyond their enclosure how can they complain?
30 minutes during lunch and he couldn’t at least buy a cup of joe?
There does have to be more to it. Personally, if you don’t secure your system in the most basic way...it is free access.
Dang I do that quite often when I am on the raod. Usually outside a starbucks - I don’t always buy a coffee when I am doing it. I wonder how many states have that type of law?
Theft of services, but $400 plus 40 hours is ridiculous. I hope he doesn’t lose his guns.
That said, the cheapskate could have parked his car, gone in and ordered something and checked his e-mail for free. Using their Wi-Fi in the parking lot is like sitting at one of their tables without ordering anything.
You mean like downloading 15 CDs and three movies all simultaneously? LOL!
I would really question the defense attorney for not challenging the fact that the coffee shop did not encrypt or take security measures. Now, if they DID do that and the guy still hacked in, that would be illegal. But if they left their system wide open, they should have no case.
No he hasn’t...
He parked his car on private property to steal internet service.
1. It’s Trespassing.
2. It’s Stealing Bandwith
It’s no different than someone coming over the border illegally.
The law used in this case pertains to fraudulent access through hacking. The "perp" did not hack or commit fraud, and in fact the Coffee Shop owner said he was welcome to use the shop's WiFi even if he didn't spend any money in the shop.
There is a whole generation of young people that don’t understand the meaning of private property, I see it in my own kids. The recording industry cracked down on college kids downloading copyrighted music and movies with kids here in ND being fined in the 3500-4500 range. 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.
Just another reminder for those who would put Wi-Fi capability into their own homes: use the encryption feature!
It’s hard to imagine this is theft of services if they advertise free wi-fi and don’t secure their network. Yes, the guy probably should have gone in and ordered coffee.
It shouldn't be. ...and certainly not a felony!
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.
Heck, I used to do this after hours at a local coffee shop that left their Wi-Fi connection on 24 hours. I couldn’t go in and buy anything as they were closed. But if it’s free and the signal goes beyond the walls of the establishment, then this guy has been hosed big time.
How can he be charged if the owner of the coffee shop doesn’t press charges?
“The case has surprised locals, including the owner of the barbershop that initially called police, as well as Donna May, owner of the coffee shop.
“He could have just come in the cafe, even if he had any money, I would let him get on it,” May said.”
The article doesn’t say if he was playing his bagpipe while he was surfing..
“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
That’s what you get when you surf FreeRepublic outside a StarBucks.