The thing is, if you have an open AP, then the EMR from that AP is blasting at everyone with range of it. As far as I'm concerned, once you've radiated it, it's up for grabs by anyone. I didn't take it from you. *You* offered it to *me* by not confining it! If anyone should be assaulted by lawyers over this, it should be the person sharing his ISP's bandwidth with the world, not the people just soaking up something that wandered uninvited into /their/ house.

I'm coming in late to this one. I apologize if the points have been covered already.

Most people running an open AP are not aware they are doing so. 'What's the harm' is a weak argument for stealing something, whether or not the person knows it's being stolen. If I accidentally leave my keys in the car, it doesn't give you the right to go on a joyride as I sleep, even if you fill the gas tank and get the tires rotated. I pay for my car, you don't, it's not yours, keep out.

People *pay* for their networks, and others have to go out of their way to find and connect to them. Your neighbor's wireless doesn't just flow into your computer like wayward water. Legal schmegal, the moral implications of this should be obvious. Wouldn't it be awesome if someone else within range of your neighbor hacked into their likely insecure Windows box, stole their credit cards, ran them up, took their identity, ruined their life... but you got free wireless. Sweet! There is a clear educational opportunity here.

Tangentially related, the ISP I use (SpeakEasy) has a program (NetShare) where someone with a wireless network can 'partner' with Speakeasy to sell their bandwidth to their neighbors. I can imagine there are folks in apartment buildings that essentially have their wireless paid for by their neighbors. Hopefully your neighbor gets wind of this.


-mattyj


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