[Gloucs] Logging into unencrypted wireless LAN

[Christian Trapp]

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Thank you Andrew. I am not intend to use this unencrypted WLAN as I
have my own (cable) LAN. It is just my Laptop which establishes this
connection and I log off there immediatly. I was just wondering
whether this logging in could be illegal.

Now I think, if this are private WLANs I should warn this people to
encrypt it. But how can I find them?

Kind regards
Chris

Andrew Oakley wrote:
> 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.
>


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