[Gloucs] Logging into unencrypted wireless LAN

[Andrew Oakley]

Christian Trapp wrote:
> Hello All, I have here when I start my notebook a wireless LAN
> connection established which my notebook is establishing as it is not
> WEP/WAP encrypted. How is the law in the UK, do I something wrong here
> when I am using it?

The law in England and Wales is quite clear and has been tested several 
times. The pertinent law is the "Computer Misuse Act 1990" and the 
relevant part is "Unauthorised Access".

In order for "Unauthorised Access" to take place, there must be either 
some form of authorisation which the criminal must deliberately 
circumvent, or there must be a clear notice telling users who is or is 
not authorised which the criminal must deliberately ignore.

With an open WiFi network there is no authorisation and therefore it is 
impossible to be convicted for "Unauthorised Access". This has gone 
through the courts again and again, and at no point has anyone charged 
with "unauthorised access" of a system which has no authorisation EVER 
been found guilty.

In August 2007, a policeman arrested a man who was viewing pornographic 
material from a laptop in his car, via a stranger's open WiFi network. 
Although initially incorrectly cautioned regarding the Computer Misuse 
Act, which received widespread media coverage, he was not charged and 
could never have been charged, since no authorisation was required to 
use the network.

I run a deliberately unsecured public WiFi hotspot at home, for the 
benefit of neighbours and passers-by.

http://www.nam-vets.org/frampton/

> Is it the responsibility of the wireless LAN owner to lock
> others out

Yes.

Note that the United Kingdom is a federation of four kingdoms, provinces 
and principalities; laws may be different in Northern Ireland or Scotland.

-- 
Andrew Oakley