[wplug] On the subject of wardriving...

[Bill Moran]

Drew from Zhrodague <drew at zhrodague.net> wrote:
> > Because the laws are new and untested, wardriving is a very grey area.  If
> > you want to do it anyway and take your chances, or if you want to do it as
> > a form of social protest or whatever - that's your decision.  My only point
> > is that that the way the new laws are written, it _may_ be illegal - and a
> > criminal offense.
> > 
> > It's good that this kind of discussion occurs.  These laws are very new, and
> > there's a good chance that some of them are very wrong and need to be fixed
> > up.  My only point is that you should be aware of them before you go flying
> > around town with an 802.11 receiver.
> 
> 	(sound of can opener)
> 
> 	I'll agree with everything you said above, and add that if 
> wardriving were illegal, everytime you open up your laptop and look at a 
> list of networks to connect to, you would be breaking the law for each of 
> the entries that showed up in the window, unless it is your AP, or you're 
> at a public hotspot.

I just see that paragraph as a distraction.

Wardriving is _not_ turning on your laptop and noticing that SSIDs are
being broadcast in your vicinity.  It is investigating those SSIDs to see
which ones are not secured and making note of that information.

If it were only noticing, then it wouldn't be any more illegal than noticing
that someone left their door unlocked ... but as soon as you open that door,
you step in to uncertain legal territory.  Even if you don't go in, or
do any damage ... the fact that you opened the door puts you in a
questionable position.  If you don't do any damage, or cause any $$$ loss,
you'll probably get away with it, but the point is that you've crossed
(or are standing on) the line.

If you want to continually redefine what the term "wardriving" means, you're
going to miss the point entirely, so lets stop using that term (since we
can't seem to agree on what it means.)

The simple fact is that using somebody's network in a manner that you are
not authorized to do is a criminal offense according to current PA state
law.  Exactly where you've crossed the line into "use" is up to the
lawyers to decide.

> 	Also, the manufacturers of our operating systems, and the wireless 
> equipment would be condoning such network abuse by designing the systems 
> to operate in such a way that it violates federal laws repeatedly, and at 
> all times.
> 
> 	Gross overstatement? Perhaps, but the only difference is that 
> wardriving sometimes involves a GPS.
> 
> 	Perhaps these things WILL be tested in court, but the only way I 
> can see that happening is along the same lines of the other two 
> wardriving-related cases: One broke into Lowe's wireless network, and the 
> other was doing wireless kiddie porn in his car with no pants on. Both 
> instances involved wardriving, yes, but the real problem was the breaking 
> in of wireless networks -- and not wardriving.

"breaking in" has yet to be defined as well.

If I put a stack of $20 bills behind a locked glass door in plain view, and
you break the glass to take it, is that theft?
If I put the same stack of $20 bills behind an unlocked glass door in plain
view and you open the door and take them, is that theft?
If I put the same stack on my property, but in plain view with absolutely
no deterrent, and you take them, is that theft?
If I put the same stack on public property with no deterrent and you take
them, is that theft?

And which one of those circumstances is closest to using someones unsecured
wireless network without their permission?

-- 
Bill Moran
Potential Technologies
http://www.potentialtech.com