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Mike Elgan's picture
Mike Elgan

The World Is My Office

Why it's OK to 'steal' Wi-Fi

SANTA BARBARA, CALIF. -- (Disclaimer: Note that this posting is opinion only, and not meant as legal advice. Do not break the law.)

TIME Magazine printed this week a piece called, "Confessions of a Wi-Fi Thief," in which author Lev Grossman admits to using his neighbors' open Wi-Fi connections from inside his apartment.

Grossman writes that "stealing" Wi-Fi might be illegal (statutes vary according to where you live) but "definitely unethical." He also mentions a recent survey that found a slim majority -- 53% -- have "stolen" Wi-Fi.

I disagree with Grossman. I don't think it's unethical to "steal" Wi-Fi -- or even possible without deliberate hacking. And it shouldn't be illegal to simply use an open, unprotected wireless network.

There are two reasons why "stealing" Wi-Fi isn't -- or, at least, shouldn't be -- considered theft:

1. By using a Wi-Fi network you're asking for, and receiving, permission from the owner.

When you open up your trusty laptop, check for available networks, choose one and click "Connect," you're instructing your computer hardware and software to communicate with the hardware and software that's providing the Wi-Fi network and ask permission to use the network.

When you do this, a router either grants permission, and assigns an IP address for you to use, or denies permission. If the connection simply works, it means by definition that the network is set up to automatically grant you permission to use it, and to actively provide the means for you to do so. That's what "connecting to a Wi-Fi network means." Your computer works on your behalf to ask permission to use the network, and the router works on the behalf of its owner to grant that permission.

The owner of the network can choose -- and most do -- to deny permission to strangers. For example, it's common to set up a Wi-Fi network that grants permission only to specific computers, or only to users who have been given a specific password. This system is designed to automate the process of granting or denying permission.

Hacking, of course, is an entirely different matter. If someone uses password cracking tools, or hacker techniques to get into a system that is not set up to grant permission to that user, well, that's clearly unethical and should be illegal.

So attempting to connect to a Wi-Fi network (without deliberate hacking) is by definition a process of asking permission to use that network. If you get connected -- again, by definition -- then the router has granted that permission to you.

2. Your computer can't be on their Wi-Fi network unless their network is in your computer.

The conventional wisdom is that using an open Wi-Fi network is theft. The argument goes something like this. "It's my network, and my bandwidth, and by using it you're stealing. It's just like breaking into my house and eating my food. What gives you the right to use my property?"

But that metaphor doesn't match what really happens when you connect to a Wi-Fi network.

A wireless router isn't passive, or contained within the home or business of the owner. It actively broadcasts a radio signal dozens or hundreds of feet in 360 degrees. If you can see your neighbor's network on your computer, that means he's breaking into YOUR house, not that you're breaking into his. That signal penetrates your walls and your body (the full effect on health has yet to be determined conclusively) and, of course, your computer. He's affecting to a small degree what's going on inside your computer. (What gives him the right to use YOUR property?)

If you connect via the signal of your neighbor's router, you're connecting to something that is inside your home, and has been placed inside your home without your permission. So it's not like breaking into your neighbor's house to eat his food. It's more like your neighbor breaks into your house without your permission and leaves his food in your refrigerator. If you eat it, the legality or ethics of that usage or consumption is different, isn't it?

Of course, the law is the law, and using someone's Wi-Fi network has been prosecuted in the past. I'm not saying you should break the law, and "steal" bandwidth via someone else's Wi-Fi network.

But I am saying that it shouldn't be illegal to use an open Wi-Fi network, nor should it be considered unethical. I'm saying the laws should change, and our thinking about it should change, too.

If anyone doesn't want people using their network, all they have to do is configure their router to stop granting permission.

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What People Are Saying

Rate this
Rated -1
83 Votes

WiFi sharing

check out http://www.bzeek.com: a safe way to share your wifi, and make sure your bandwidth is reserved for you...

Rate this
Rated -1
111 Votes

I think the main problem is

I think the main problem is people not understanding why stealing/theft is bad...

To steal is to take something that will cost to have it replaced.

But to "steal" bandwidth is not costing them anymore than what they are already paying.

If anything it shows how greedy and wasteful we are.

Good example of wireless... "Yes I leave my water hose on every day. And I know it goes into your yard and into the drain, but it's my water because I pay for it."

Kinda a Robbin Hood aspect.

Wasteful people whining that someone took an apple core out of their trash because they payed for it, even if they threw it away.

Personally I leave my network open for who ever wants on, as long as they don't impede on its performance. (ie downloading at high speeds) if they do I limit or boot them. They can eat all the table scraps they want, even eat the food if its going to waste.

Waste not, share the bandwidth.

Rate this
Rated +21
553 Votes

It does seem that if the

It does seem that if the wi-fi owner leaves his network without password protection, or in an open state, then there is not really any harm in using it.

Rate this
Rated +24
584 Votes

If your neighbor puts a

If your neighbor puts a television outside his house where you can hear and see it, should it be illegal to watch it?

Rate this
Rated -3
111 Votes

Actually I believe it is

Actually I believe it is illegal. At least if your watching a movie.

Though not illegal in theft of your neighbor, but to the movie creators.

Rate this
Rated +31
625 Votes

Theft by any other name is still theft!

I think by far the best two analogies I've heard so far for having the right to use someone's open WiFi was that since your neighbors wireless signal is not self contained within their property and the fact that your neighbor has not secured their WiFi they are technically deciding to water your lawn as well as their own by spraying over their fence and into your yard. Also DaveD seem to hit the nail on the head where it comes to implied permission in that "How many of you that posted here received explicit permission from the website owner to post here?" did anyone track down Mike Elgan and personally ask him if you could post here? Of course not, an automated system is in place to automatically approve or reject your request to post here much like the connection to a router is automated and by the fact that your post appeared you can assume that you must have been given permission.

As much as the above sounds logical and sound I don't believe it is acceptable. It's unfortunate many of the rules that govern how we act have come about in recent years because over time individuals have become more and more indifferent to the rights of others and have lost the common curiosity and for that matter the common sense to respect other individuals and their property, which used to be implied. Now a days unless you explicitly state what it is you do not want others to do, it seems to be assumed by the lack of you stating so, that by default you must have given your permission? Does this seem backwards to anyone else?

It's unfortunate that our society has deteriorated to the point where we no longer hold individuals accountable for their own actions and lack of common sense, (like the woman that was able to sue McDonalds because she spilt coffee in her own lap, duh!) think about it, just 40 or 50 years ago (maybe even more recently than that in some parts of the country) you could leave your house unlocked or for that matter your front door ajar and this was not consider to be implied consent for anyone to enter your home while you were away. During that same time if you did not have a fence around your yard or pool this did not imply that you gave permission for anyone to simply walk onto your property and sit their arse down in your pool chair. Now I am not making the analogy using a door or a fence on ones property to wireless what I'm trying to point out is that people seem to make assumption now a days that if they can access it and nobody stops them then is must be ok to do.

When you log onto someone open wireless access point you do not know if the owner is metered for his service or not, if he is metered you are certainly taking money out of his pocket which is theft just the same as if someone is forgetful and accidentally leaves their money on a break room table, if you pick it up and take it, it's theft, plain and simple and just because someone was fool enough to leave it there doesn't make it right to steal it!

Rate this
Rated -10
612 Votes

You can't steal what's given freely

Maybe some people leave their wireless network open accidentally. But I and others I know leave our networks open on purpose.

Why? It seems like the neighborly thing to do. I've got plenty of bandwidth, and I'm glad to share it with people nearby. Nobody borrows a cup of sugar anymore, but a few megabytes seems to be a good modern substitute. And it works well; I've even met neighbors who stopped by to say thanks. If somebody were to leech heavily, that might be a problem, but in 4 years here, that's never happened.

If I wanted to keep my network private, I'd set it to be private. Let's not assume that everybody, or even most people, with open networks are both incompetent and antisocial.

Rate this
Rated +2
214 Votes

Deliberately Open Networks

William,

Congrats on your spirit of openness!

We do something similar -- we leave our connection open. I named mine "ParasiteNet" (read Cory Doctorow's novel Someone Comes to Town, Someone Leaves Town). We mostly know who our neighbors are -- impoverished graduate students -- and they mostly are polite about not hogging bandwidth, and several times we have gotten thanks. I have had to limit the number of IP addresses the DHCP server will give out, though, or we can find ourselves locked out of our own network.

It can be godsend for them if their own internet service of whatever type goes out. However, I've discovered that on the rare occasion when ours goes out, none of the other 5-10 networks in our neighborhood seem to be on the same friendly terms. That's a bit of a bummer but other people's refusal to share is not grounds for me also refusing.

Rate this
Rated -4
542 Votes

You can't steal what's given freely

Of course you can't assume that everybody with open networks are incompetent but you can likely assume the majority are. How antisocial fits in to the equasion I simply cant see your point unless by chance you require the passing stranger that uses you WiFi to visit your Facebook page? Anyways. . .

I'll agree the scenario you describe is obviously not stealing, if you've made it know to your neighbors that your more than fine with sharing your bandwidth then that's great and from the sounds of it you likely wouldn't mind any passing stranger using it as well, but if you are the exception to the rule, how is anyone to differentiate between your generosity and someone else's neglect or ineptness to simply secure their wireless?

Unless of course your SSID is "FreeWifi" then it would be pretty clear that you intend to share your bandwidth with others, much like putting up a sign by your pool stating "Open to the Public" otherwise access shouldn't be assumed by others outside of those that you have previously given permission to directly or indirectly.

Rate this
Rated +15
619 Votes

secure it, and be a good boy or girl.

Those that do not secure their wireless, are they breaking a law or agreement by sharing the broadband service to none paying customers? From my understand internet providers do not want you to give out freely or resell their services without their permission.

So in a way the owner of the router that paid for the network service is in trouble for basicly stealing service and giving to other people freely.

yours,
Steven

secure your wireless or I will change your settings on your router!!! =p