Wardriver Charged with Theft of Communications 678
BiggsTheCat writes "A number of news sources are reporting that a Toronto man is the first to be charged with "theft of communications" (Canadian Criminal Code S. 342.1) for downloading child pornography using someone else's residential wireless network. The "War Driver" was caught naked from the waist down driving the wrong way down a one-way street, with a laptop in hand. The Edmonton Sun warns that 'War Driving ... is becoming more and more common among perverts trying to avoid online detection'. Yeah."
Comment removed (Score:5, Interesting)
A major point here seems to be.... (Score:5, Insightful)
This would suggest that all "Wardrivers" are at risk of being prosecuted for "Theft of Communications" regardless of what data they recieve over someone elses network.
Comment removed (Score:5, Informative)
Re:A major point here seems to be.... (Score:5, Insightful)
And that's a bad thing?
Absolutely. I read that law, and it's something that I've broken before myself. I was at work. Our internet connection went down. I happened to pick up an 802.11 signal from the place next door, so I used it.
I didn't harm anyone. I certainly don't deserve to go to jail for 10 years for doing it.
Comment removed (Score:5, Interesting)
Re:A major point here seems to be.... (Score:2)
That's not a very fair anology. By using my neighbors phone I'd be preventing them from use of that phone. Not true with wireless, outside of very extreme circumstances.
Re: (Score:3, Redundant)
Re:A major point here seems to be.... (Score:3, Insightful)
In order to make effective use of it you must broadcast onto his.
Sorry, you're asking this question about a human being? How much do you know about human nature?
What it comes down to is that the only safe thing to do is leave it alone until you can find out for sure.
Re:A major point here seems to be.... (Score:5, Insightful)
If it was billed on per-use and per byte transmitted, then it should not have been public. That's what all these insecure (read: open) networks are - they are public. i.e., if you put your 50" plasma TV in your driveway facing outside and turn it on, when neighbors start watching it from across the street, they are not stealing anything - since you've made your signal available to public in such manner.
There are a lot of open wireless networks like that that are meant to be used by public; some have posted signs saying so, some don't. there is no way for anyone to tell what the intention of the owner of the network is - share it publicly, or keep it private - unless that network owner requires authentication or otherwise locks his network down. Only then you will have an argument that the network was "broken into" and connection "stolen".
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Re:A major point here seems to be.... (Score:3, Interesting)
THIEVES TAKE NOTE:
A friend of mine works for the local power company. It's his job to shut off and restore power to non-bill payers. He has seen cases exactly like this where people with power shut off run an extension cord to the unknowing neighbor's outlet. They then plug it into their own wall (changed it to a male-male).
Result: Neighbor's power stolen, neighbor gets very high bills.
How is it found? Power guy reconnects electricity, bu
Re:A major point here seems to be.... (Score:5, Insightful)
Should. Could. It doesn't matter. It's still illegal to use somebody elses data link without their permission.
If you leave your front door unlocked - by accident or otherwise - it doesn't grant permission to any passerby to steal your stuff. Yes, you were stupid for leaving your door unlocked. Yes, your insurance might be voided. NO, it doesn't mean you forfeit your property rights.
Same for the wireless connection. They might be pretty dumb for not securing it. Their ISP probably won't refund their money. But the person who stole the bandwidth is NOT vindicated.
TCP/IP is a TWO WAY PROCESS. Not a one-way transmission. The 50" TV emits light; it doesn't receive it. The person using your wireless LAN without permission is sending and receiving data. They are also initiating packet transfers that might involve a cost to you. That's very different from passively watching a television. Your analogy falls very short.
Now if your neighbour used their infra-red remote to control the 50" TV, and we lived in a universe where certain channels were charged by the minute, and your neighbour decided to change channels to the boxing match, thus racking up a $250 charge to your television bill... then we'd have a workable analogy. And I think you'd find the small-claims court would rule against the greedy neighbour.
Re:A major point here seems to be.... (Score:2)
Re: (Score:2)
Re:A major point here seems to be.... (Score:2)
Re:A major point here seems to be.... (Score:2, Interesting)
Re:A major point here seems to be.... (Score:3, Interesting)
If it was unintentional then you didn't break any laws.
It was intentional. I wanted internet access, I found an open AP, and I used it.
"My Internet connection went down so I used this one" that you did break the law.
Yeah. I did. At least, the Canadian one. I don't know what the exact wording of the law is in the US.
Saying "I didn't harm anyone" is a piss poor excuse.
It's not really an excuse. To call it an excuse implies that I did something wrong in the first place.
How do you know that t
Re:A major point here seems to be.... (Score:3, Interesting)
Then you've just admitted breaking the law in an open public forum. I'd be wary of doing that.
Why? There's no other evidence. There's plenty of reasonable doubt. I could be lying.
You used a resource that didn't belong to you just because you could.
My reason wasn't because I could. My reason was that I wanted internet accessing.
Saying you didn't do anything wrong because "It didn't cost them anything" is bullshit. Does that mean I can borrow your car without permission as long as I put gas in th
Mr Ballmer and his wireless adventures. (Score:5, Interesting)
"For all his success at bringing Microsoft's warring constituencies together, there are still things beyond Bill and Steve's control. "I was in a hotel in Sun Valley last week that was not wired," Ballmer recalls. "So I turned on my PC, and XP tells me there is a wireless network available. So I connect to something called Mountaineer.
"Well, I don't know what that is. But I VPN into Microsoft. It worked! I don't know whose broadband I used," he chuckles. "I didn't see it in Bill's room. I called him up and said, 'Hey, come over to my room.' So soon everyone is there and connecting to the Internet through my room."
So was that a crime?
Re:A major point here seems to be.... (Score:3, Insightful)
For DSL and Cable Modem, you have a maximum upload and download speed that is choked by the access provider to maintain service quality over the whole network. QOS is generally nonexistant for these customers.
For larger connections (DS1, DS3, ATM and so on) you have a maximum bandwidth per second - however the service provider can increase this as a part of a service level agreement to allow spikes
Re:A major point here seems to be.... (Score:3, Insightful)
So if some one leaves a computer on the side of the street and you sit down and use it is that against the law.
Where I live, scavaging is technically illegal, so technically, yes.
If some one doesnt deny public access to something, then why should the public get in trouble for using it.
I agree. In order to be considered to have ownership of something you should at least make some token effort at protecting it. At the very least you should put up some sort of notice that it is yours. We require "no
Re:A major point here seems to be.... (Score:2)
IANAL.
Re:A major point here seems to be.... (Score:5, Interesting)
Re: (Score:3, Insightful)
Re:A major point here seems to be.... (Score:2)
Should clicking on a link to privatenetwork.com [privatenetwork.com] be illegal, too? Be careful before you click: it could be someone who just wanted to share stuff over the web with their friends, and y
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Re:A major point here seems to be.... (Score:3, Insightful)
So port scanning is a crime now? How many of those APs were 'closed?' On average it hovers around 10%. You're still just another node on the internet, the transmission medium doesn't make a difference.
Re:A major point here seems to be.... (Score:3, Interesting)
They used this argument in a book on Wireless Security I got.
Re:It was only a matter of time.... (Score:2, Insightful)
"It wasn't me downloading mp3s, someone hijacked my connection, etc..."
Weird (Score:5, Funny)
What laptop was it? (Score:2)
Well Gee (Score:5, Funny)
Re:Well Gee (Score:2)
Driving the wrong way up a one way street, no pants, whacking off to kiddie porn?
Sheesh. Didn't you even read the synopsis? It said he was caught "laptop in hand". :)
Wait a second.... (Score:5, Funny)
Re:Wait a second.... (Score:5, Insightful)
Re: (Score:2)
Re:Wait a second.... (Score:5, Informative)
Re:Wait a second.... (Score:2)
Agreed, but what's your point? That we shouldn't jail criminals?
Rail at the state for allowing prison rape to go on. Don't post flamebait because we celebrate a sick freak being put away.
Re:Wait a second.... (Score:2)
Re:Wait a second.... (Score:2, Funny)
Laptop in hand? (Score:5, Funny)
That's not a laptop, officer.
Four at once? (Score:3, Funny)
Canada (Score:2, Funny)
Don't Hack and Drive... (Score:5, Insightful)
Re:Don't Hack and Drive... (Score:3, Insightful)
As long as the long arm of the law doesn't overreach and try to pass laws on private networks, whatever. This isn't that interesting except as another example of why people need to be more careful with their networks.
If you were looking for something to make people worry, and possibly ac
Re:Don't Hack and Drive... (Score:2)
For sure. And Toronto is a damn good place to wardrive. I've gone wardriving through TO suburbs (with someone else at the wheel of course) and there was rarely a time within a 60 minute period or so that I was *not* within range of a WiFi AP with no security.
I don't wanna know (Score:2)
Re:I don't wanna know (Score:2)
Just to clarify (Score:5, Insightful)
Contribute to the greater good, bust those wardrivers.
Should the owner of the Wireless AP be blamed? (Score:5, Interesting)
This case could be used as further proof that if an illegal attack originated from your internet connection it doesn't provide reliable proof that you actually did it (Or that any authorized users at that connection for that matter).
Re:Should the owner of the Wireless AP be blamed? (Score:2)
Is the person who ran the unsecured AP in any way liable for what was done from his connection?
Civilly, he could probably be found guilty of negligence, if someone is damaged through his connection. But in this case there's no one who was harmed by his negligence, so no.
Criminally, there generally needs to be gross negligence involved (the mens reus), which there isn't, and there would need to be some kind of serious crime committed (the actus reus), which is basically impossible over the internet.
Re:Should the owner of the Wireless AP be blamed? (Score:2)
I cannot monitor the contents of someone else's surfing.
Re:OH COME OFF IT ALREADY YOU MORONIC TWIT (Score:2)
Vehicles aren't supposed to roll over when their tires fail.
Re:OH COME OFF IT ALREADY YOU MORONIC TWIT (Score:2)
wireless 'theft' (Score:2, Funny)
Re:wireless 'theft' (Score:2)
Re:wireless 'theft' (Score:3, Funny)
Umm... okay. (Score:2)
Maybe there's a slippery slope thing going on here but somehow I'm not going to really care about *what* happens to this person or this case.
The implication is scary... (Score:5, Interesting)
Could we have our hardware manufacturers include non default SSID's, on a cdkey type set up process, so the default isn't "default" or "linksys" but "As3deyt#$seKJ34". Changing it upon sucessful install should still be allowed, but at least we've reduced those that just leave 'em as they got 'em outta the box.
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Re:The implication is scary... (Score:3, Informative)
I think I would use one of many Linux boot cds wth a browser.
Use that and a computer with no hd and lots of RAM for a RAM drive. No record anywhere.
I was actually thinking of doing that when I do banking/credit card stuff online to avoid keyloggers/viruses/trojens.
Re:The implication is scary... (Score:2)
I do understand what you're saying, but I am seeing things a bit differently:
(note: I am playing devil's avocate for the purposes of having a good debate)
If somebody goes and sets up a WiFi AP with n
Re:The implication is scary... (Score:2)
Wireless security? (Score:4, Informative)
I have already been castigated by the university for running a WiFi node that doesn't conform to their requirements (WEP is disabled) - even though it's ad hoc, there is no DHCP, each host on the wireless net only accepts ssh connections from hosts with known IPs and mac addresses and oubound routing (from connections terminated with ssh against into an authed socks proxy) is stictly controlled. Turning on WEP too would drop speeds to a useless level for little extra benefit.
Maybe new standards will change this, but for now the media should really stop focusing on WEP as the be all and end all of security to the detriment of people competent enough to handle it themselves in a better fashion.
Re:Wireless security? (Score:2)
I just setup a wireless home/office network and made sure I secured it as well as I can.
I got some advice from a techie before I set this network up, but he suggesterd that I should not worry about
How many arms? (Score:2, Funny)
That's not new (Score:3, Informative)
Well, this guy did avoid online detection : he was caught with road detection, driving the wrong way half-naked. It's not like the owner of the unprotected wifi AP called the cops, he was just acting odd on the road.
Surely... (Score:2)
Simon.
Re: (Score:2)
Kazaa - 1,286 files? (Score:4, Insightful)
In a study using 12 words associated with child pornography, the U.S. General Accounting Office found that 42% of 1,286 files on the peer-to-peer site contained child porn.
Those figures didn't surprise Gillespie.
What are these idiots on? There are a lot more than 1286 files available via Kazaa, morpheus, etc.. It's not a "site" and there is no way that 42% of it is child porn.. That is absolutely nuts. Most of it is Movies and MP3's There is a fair bit of regular porn as well. If 42% were child porn, that would usurp every single other category.. That stat is just stupid. The sad part is that there are loads of people out there who will believe that nonsense without even bothering to run the numbers..
Re:Kazaa - 1,286 files? (Score:2)
Re:Kazaa - 1,286 files? (Score:2)
Re:Kazaa - 1,286 files? (Score:2)
Re:Kazaa - 1,286 files? (Score:2)
Just for reference - real numbers (Score:5, Informative)
The breakdown by common file type is roughly:
The basis for this is about one petabyte's worth of indexed files, so it's not some out-of-thin-air numbers.
Just from this, saying that 42% is porn, much less CHILD porn, is way out. We already knew this, but I thought it interesting to back up the statement with some numbers.
To give more real numbers on child porn, when I did check for it at one time, I found 12 suspicious-looking file names from a database of several million files. That's a LITTLE bit lower than 42%.
Wireless security (Score:3, Informative)
Re:Wireless security (Score:2, Informative)
This is informative? Do you know it takes 5 seconds to change a MAC address in windows 2
This story has many sexual references (Score:3, Funny)
"laid"
"busting"
"police found the driver--with no pants on--" (so they find that guy but couldn't find their pants first?)"
"serious ramifications"
Check out this author's hidden meanings! I think we know who's going to be applying for that spot of porn viewer at that PD! "I'm just doing research for my next article!"
rated M for "Michael Jackson" (Score:2)
Carpet Stains (Score:2)
What a freak! I'm sure this character kept stains on the carpet of his vehicle to count coup Lewinski style. Piling on the charges (theft of comm) to nail this fool isn't itself a bad thing but it is annoying to have another tenuous connection paraded in the press between tech and child porn.
Well, of course... (Score:2)
To leave it on your lap when you're nekid from the waist down would be to risk sterilization by cauterization.
Re:Well, of course... (Score:2)
Don't journalists ever proofread this stuff? (Score:3, Insightful)
The scheme, known as "war driving," allows a computer with wireless Internet capability to tap into a wireless home network and access the World Wide Web, usually without fear of discovery.
Well there's a nice bit of yellow-press tradition. Linking war driving strongly to the child porn aspect and never mentioning that most people who do this aren't doing anything illegal with the information or access they're using. In fairness to the story, most of it was about how stupid in general this guy was being and the disgusting stuff found at his residence later, but three paragraphs at the end of the story seems to shift a lot of attention to a very minor aspect of the crime. He could have been collecting that junk from his home cable modem connection just as easily.
Re:Don't journalists ever proofread this stuff? (Score:2)
Linking war driving strongly to the child porn aspect and never mentioning that most people who do this aren't doing anything illegal with the information or access they're using.
Wardriving doesn't even necessarily involve using the access, does it? I thought wardriving was simply looking for open access points, not necessarily using them.
Re:Don't journalists ever proofread this stuff? (Score:2)
The simple point is this: they [the homeowner] are paying for a service, whereas you [the wardriver] are accessing their service without permission, and in doing so stealing. Crime, period.
Oh my... (Score:5, Funny)
I should think that perhaps the "Theft of Communications" charge is the least of this individual's problems. That's really one for the record books there, almost to the point of being a publicity stunt of some sort. Naked from the waist down, driving the wrong way on a one-way street, using a laptop, and downloading child pornography. What do you say to something like that? I mean that for each person.
[Suspect] "There a... problem officer?"
[Officer] "Do you know why I pulled you over?"
-blank stare-
[Officer] "You were driving the wrong way down this one-way street."
[Suspect] "Oh my, well I'm sorry about that, officer..."
[Officer] "Well, I'm afraid I'm going to have to write you a... hey, where are your pants?!"
[Suspect] "Oh.. well.. I'm getting them clea..." -gets cut off by cop-
[Officer] "What is that? Are you using a laptop computer while driving sir??"
[Suspect] "Well, I uhh..." -gets cut off again-
[Officer] "What the HELL is that??!! Is that child pornography??!! Oh God..
[Suspect] "No, no! It's not what you think!"
[Officer] "Just where the hell are you getting that from?! Oh, so you're connected to someone's wireless internet from here???"
-Cop thinks to himself: "how the hell am I going to write this one up?"
Canoe, fscking close to water? (Score:2, Informative)
I guess that open WiFi router didn't have the Belken auto-anti-pr0n nagger eh?
Your rights online? (Score:4, Funny)
Am I to believe that there's a large enough segment of Slashdot users who would drive around downloading child porn to make this a "your rights online" issue?
Sketchy terms (Score:2, Insightful)
From the Canadian Criminal Code, S.342.1 Unauthorized Use of Computer:
Doesn't that make a URL a "computer password?" Would I be guilty of violating S.342.1 by telling my friends to go to goatse.cx or tubgirl.com?
It's fun to surprise our friends (and enemies
Its was *open* for use (Score:3, Insightful)
Since public wireless does exist, and isn't that uncommon, you can safely assume that if you run across an UNSECURED signal its for public use... Be it from a persons house or the nearby cyber cafe.. you cant be 100% sure where that signal is coming from anyway....
Now if its encrypted, or otherwise secured , THEN you might have a case...
However, considering 90% of home broadband is flat rate, ( and a lot of dedicated business service is too ) since when is the bandwidth being 'stolen'? that's almost as bad as saying music piracy is theft.. ( if the home owner had pay per use, or if you blow their monthly cap and incur charges.. sure, then its theft of service.. )
is the name for this new phenomenon.... (Score:4, Funny)
Was he at least (Score:3, Funny)
communications? What communications? (Score:5, Informative)
As I see it, there was no theft of "communications". He didn't break into any computers, nor block/alter/view data coming in and out of them. There is no indication that he did anything to bypass security measures of either the network or the machines on it. There is no indication that he did nor intended any harm to the network or its users.
He used net connectivity, apparently with all hardware functioning as designed and configured. It is the operator of the network that is responsible for configuration including access permissions. Many run hot spots intentionally, some through ignorance. In either case, the host is functioning as an ISP. What's relevant here is regulation of the wireless access to the ISP.
In the U.S., 802.11b hardware is allowed unlicensed use of spectrum, as regulated by part 15 of the F.C.C. rules. Part 15 products are required to include a notice: "Operation is subject to the following two conditions: (1) this device may not cause harmful interferrence, and (2) this device must accept any interference received, including interference that may cause undersired operation." Harmful interference refers to that affecting licensed communications only. Are there licensed users of this spectrum? Yes.
All ham radio licensees (except Novices) are authorized by the FCC Rules, Part 97.301(a) to use all operating modes in the 2390-2450 MHz band. 802.11b equipment is not allowed to interferre. A ham could reasonably ask anyone using 802.11b gear to stop operating if they cannot otherwise correct an interferrence problem (typically by changing channels, lowering power, reducing antenna height, changing location, using a directional antenna etc). The 802.11b gear operator has no regulatory protection against interference from the ham operator, other 802.11b users, or even microwave ovens which operate in-band at 2450 MHz.
In summary, 802.11b gear is unprotected from interference, and the operator of such gear is on their own to try to make it work as desired, with no guarantee of success.
802.11b hardware is being used as designed when people, known to the host or not, access open networks. It isn't communications theft nor is it tresspassing.
Bullshit detector goes off (Score:3, Insightful)
1) What the hell is "Sun media", is it even remotedely similar to "Sun" in the UK?
2) "watching a movie on his laptop of a 10-year-old girl performing fellatio on an adult" - how does this scribbler know about that? Does the police tells this kind of info at press conferences? How do they know the age? I smell bullshit.
3) "Stealing Internet, or War Driving as it is sometimes called, is becoming more and more common among perverts trying to avoid online detection." and "A man... has become the first man in Toronto charged for allegedly stealing an Internet connection." - well, how do they know about all that perverts if they have only busted one?
4) This quill-driver thinks that saying "allegedly" a lot allows him to write any kind of crap... Sadly, it seems to be true.
5) The movie can easily be closed by pressing Alt+F4, takes only about a second. Unless the policeman run to the car and busted the door open, I don't think the cop had a chance to see it playing. I mean, even my parents don't usually manage to catch me watching movies of 10-year-old girls performing fellatio on adults - and they only have to open the door.
6) As a side note, I like the department name.
7) "They recovered 10 computers and thousands of CDs and floppy disks" - yeah, sure. We have a guy who can break into wireless networks and he still stores images on floppies. Puuuhhlease! Not to mention that even one thousand of CDs is one terabyte of data, which is fucking huge. People who can collect that much child porn, don't usually drive naked, while watching child porn and masturbating. Ergo, the scribbler is probably lying again.
8) "It involves some of the worst child pornography that we've ever seen" and "it's becoming typical of what we're seeing" - that's in the same paragraph. Can't you at least decide whether it is the worst or something you see every day?!
9) "child pornography... including young children and babies". Well, I thought the point of child porn was that it features young children.
Some of these concernes may be unwarranted, but overall the story reads just like a million or so of stories about scary paedophiles (although I applaud the officer for using the words "like-minded people" instead of "evil paedophile scum").
Some more info about Internet child porn: original version [slashdot.org] and a censored version [wikipedia.org] at Wikipedia.
Re:with a laptop in hand. (Score:2)
Simon.
(BTW: Yuk).
Blame the victim? (Score:2)
Maybe the homeowner is stupid for allowing someone to eat up his bandwidth and access his network, but no way you can "blame" him for any of the criminal activity.
Re:Blame the victim? (Score:2)
One more thing not to believe Michael Moore about. I lived in Canada for more than 25 years, everyone I knew locked their doors. (Well, may have been one or two exceptions.)
Of course, "Bowling for Columbine" was a work of twisted fantasy masquerading as a documentary anyway. (I live in the Columbine HS school district, some of my neighbors' kids are students there.)
Re:Slashdot - Toys for Babies, Stuff that Rattles (Score:2)
Re:I posted this (Score:2)
Re:More anti-free FUD (Score:3, Interesting)
Bullshit. It wasn't free, it was unsecured. There is a difference, and dont try to kid yourself otherwise.