Yet, the argument can be presented that taking something that is being
offered for free is not stealing.....

It is like putting your lawnmower out in your front yard with a sign on
it stating "Free use of this mower to anyone in my neighborhood." Not
many people would do that, (they keep their lawnmower locked, securely,
in their garage or shed) but that is what they are doing by not securing
their WLAN. 

Just trying to be the devils advocate. 

Jake Sheets
IT\GIS Engineer
Sioux City Community Schools
(712) 277-6103


-----Original Message-----
From: Ryan Patterson [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, January 13, 2004 8:36 AM
To: [EMAIL PROTECTED]
Subject: Re: [sclug-generallist] Hi List!!!!!! from Minneapolis

While there don't appear to be any ratified laws to date regarding
"warxing" (including chalking, driving, etc. etc.) and its pure
legality, it appears as though the FBI has stated that it may be a
federal crime due to theft of services.

http://www.politechbot.com/p-03884.html

Now, without a PGP signature, you can only really take that at face
value.  Keep in mind as well that this hasn't been challenged in the
courts either from what I've seen.

Ethically, I feel that getting an IP address from a random wireless
connection while warxing is less than sound and does indeed include a
theft of services.  You are, after all, using _my_ dhcp server to get
those packets.  Being neither a laywer nor desiring to be, that's my
interpretation.  

I did mis-state that it was illegal in certain states as I was under the
impression that some of the states had actually managed to pass law
indicating such.  My apologies.

It also appears that New Hampshire has a law going on the books this
month that might actually set a precedence for further laws.

http://www.gencourt.state.nh.us/legislation/2003/HB0495.html

All in all, be wary.  Nobody likes to have things stolen.

-Ryan

On Mon, Jan 12, 2004 at 07:19:36PM -0600, Ryan wrote:
> >And we are a bit curious as to what went on at the meeting?
> 
> We watched this movie about a girl that spins around in a chair for
several 
> minutes.  And something about a tow truck driver.  Actually the
documentary 
> was "New York City Hackers", a Norwegian documentary about the New
York 
> City hacker scene.  It's freely (re)distributable; you can download it
off 
> the net if you wish to watch it.  But it wasn't that great.
> 
> Also Brion showed us how to rip cds, burn cds, etcetera.
> 
> And some of us engaged in an enthusiastic discussion of whether it was

> legal or not to boot up your computer in your own neighborhood (or 
> anywhere) and have it grab an IP from some unknown network.  (I agree
with 
> Mark, I have a hard time believing this could be illegal.  There are
public 
> 'hot spots' all over the country, how am I supposed to know that an AP
is 
> not open if it hands me an IP + internet access?)
> 
> And a good time was had by all.
> 
> -Ryan

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