Another Man Arrested For Using Free Cafe WiFi
from the but-why? dept
Will it never end? Just months after a guy was arrested in Alaska for using free library WiFi from outside the library, Broadband Reports points us to a man in Michigan getting arrested for using free cafe WiFi from outside the cafe. The story gets more bizarre the further into you read. The police chief saw the guy, and went over to talk to him, thinking it must be wrong, but not knowing of any law that said so. Following that, he went searching for a law, and found an old law about unauthorized access -- which is designed to make hacking illegal. Of course, that's not what the guy was doing, and you could make a pretty compelling argument that the access wasn't unauthorized. After all, the cafe was offering it for free and there was no loss to the cafe for having this guy use it as well. In fact, the cafe owner didn't even know it was illegal either. Once again, this is based on a bunch of people being extremely confused about how open WiFi works. If the WiFi is open, it should not be a crime to use it. Do the police go around arresting people who use the light coming out of a store window to read something? Also, does this mean that police can now arrest you just for using a laptop in your car? As someone who has used a laptop with an EVDO card in parking lots more than a few times, are the police going to accuse me of "stealing" WiFi? The whole situation is pointless. Nothing is being "stolen." Nothing is even being accessed in an unauthorized manner. Even professional ethicists have chimed in to say that there's nothing wrong with WiFi piggybacking. So why was Sam Peterson potentially facing five years in prison and/or a $10,000 fine?Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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wireless piggybacking in michigan
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sent the officer a message
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Re: sent the officer a message
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Re: Re: sent the officer a message
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Re: sent the officer a message
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I wait for the day...
and before people go spouting crap about the US being a tyranny - this is just some dumbass, overzealous cop who can't accept being wrong...
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Re: I wait for the day...
And that's the beauty of the US; anyone can aspire to be president.
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That's why they call it "Land of the free" right?
But what needs to happen before you also start calling it a tyranny? :-)
Side note; this trend of what I call overactive goverments (I'd group it with the fluid ban for airplanes in Europe and overactive copyright protection but I'm sure this is a matter of opinion) is happening all over the world, but the US is in a top position from what I hear in the news.
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Re: The land of the free . .
Been there many times, but you'll never get me back whilst all the redneck "shoot all foreigners at will" type and their screwed-up version of what passes for law are in control.
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Spin, spin, spin
Then we have reporter Patrick Center of television station WOOD in Grand Rapids, Michigan acting as a cheerleader and spinning the story by stating things like "using someone else's WiFi without their permission - isn't legal" without mentioning that that "without permission" isn't the case with open WiFi as in this case. Center then goes on to describe how New York's Westchester County has supposedly outlawed unsecured commercial wireless networks while omitting to even mention that the requirement does not apply to commercial open WiFi public Internet access hotspots. Who knows what Patrick Center's motivation is but it certainly isn't objective reporting. If you would like to comment to TV station WOOD's general manager about the way reporter Patrick Center is spinning this story you can send e-mail to generalmanager@woodtv.com.
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It WAS authorized
SO IT WAS AUTHORIZED.
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Don't Diss Cops
The cop was "suspicious" of the guy in the car for whatever reason .... maybe he thought the guy was planning a robbery or stalking somebody.
The cop 'talked' to the guy -- and I suspect the guy was insufficiently 'respectful' or 'cooperative' with the cop's sudden interrogation. The "dissed" cop then decided to get even with guy... but there was nothing criminal to charge him with -- not even a burned-out license plate light.
But with thousands of criminal laws on the Michigan books... and unlimited police/prosecutor creativity -- any innocent citizen can be charged with 'something'. The cop eagerly went back to the office, spent hours of 'legal research' hunting for any crime -- and easily convinced some local rubber-stamp judge to issue an warrant for this dangerous criminal
The arrest, public mug shots, court procedures, lawyers fees,
missed work days, etc. are plenty of punishment for most innocent citizens -- they plea bargain just to get it over with.
Justice never enters the process. The specific charge regarding computers was a very insignificant detail to what actually was happening in this incident IMO.
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You're all idiots
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Was there theft?
A better comparison would be if I walk to someone's house somewhere, plug my power adapter in an outside plug and charge my laptop battery.
Or I use their tap to fill up my car's radiator level.
Both are accessible without trespassing and there is no sign indicating that no one should do it.
Am I doing something illegal?
Any thoughts on this?
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Re: Was there theft?
What is your definition of trespassing if it is not walking on their property to plug in your power adapter and I would like to see you get to my radiator without breaking into my car.
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Re: Was there theft?
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Re: Re: Was there theft?
...only if the homeowner was offering those free things to PAYING customers INSIDE the house...anyone taking those things from from outside and not a paying customer would be breaking the implied contract and the purpose for which the provider is intending.
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Re: Was there theft?
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Re: Re: Was there theft?
>> was a clear sign saying "Free WIFI Access"... It didn't make any allusions to distance or surroundings.
The difference is if within the retail establishment the person is an assumed customer, or at least a potential customer. The service is provided free for CUSTOMERS ONLY.
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Re: Was there theft?
Or I use their tap to fill up my car's radiator level."
"Am I doing something illegal?"
Yes. You are taking my electricity or water, which I have to pay for, without my permission. Both of those utilities cost me money.
In the case being discussed, the cafe is giving away the WiFi service. Your analogy is flawed.
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Re: Was there theft?
The case in question is not as clear -- if we assume the cafe's ISP TOS includes the allowed use of any number of attached computers, etc., and the cafe made the service availble without charge then I cannot see how this person's useage was any type of theft of unauthorized access.
A law prohibiting the cafe from offering free WiFi access makes no more sense than prohibiting them from offering free napkins. They made a business decision to use the free service to attract paying customers, and expect to have greater profits over the long run.
NB: These comments do not apply to residential wireless. At the very least anyone using a residential serive without explicit permission before connecting has placed the owner at risk of violating the TOS, since ISPs really don't like competing against themselves.
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lousy comparison
B) is the internet metered? Probably not if it is in the US, so taking the 'free wi-fi' is not costing extra whereas the water or electricity is.
C) is there 'a make my day law' in the state or municipality where you are doing this allowing the homeowner to put a cap in your ass legally for being an idiot and stepping foot on someone else's property and taking something not offered for free?
Each of these are questions to ask when making this lousy comparison. I have a spigot, electricity, and law daring you to prove otherwise where I live. I also have an open internet port where I have no issue with you logging on. So you decide which of these you want from me.
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Re: lousy comparison
If you want to give away Internet service to your neighborhood, expect your ISP to cut off service once they check your usage levels -- or at elst tell you to purchase a commercial account at 10 times the residential rate.
It is not illegal, but would be beach of contract (Terms of Service).
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Re: Re: lousy comparison
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Incorrect
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Second, if the cafe is offering free wifi there are a few things to consider here. Does the cafe stipulate that it is only offered for "customers"? If so, then if you're in your car using it and haven't purchased anything from the cafe then it could be considered a crime.
This, however, brings up a different point. If the cafe does not stipulate you must be a customer, and still offers the wifi, then the cafe should have to stipulate a usable radius before a crime could be committed. If the cafe says that you can use my wifi as long as you can pick up the signal, then no matter how far away you are from the cafe you should be able to use it if you can pick it up. However, if they make a claim along the lines of you must be within our store, or within 10 feet of the store, then if you are outside of that radius you can expect to get in trouble.
I'm still flabergasted though that the local gestapo is so concerned about someone stealing something from a store that is giving that same thing away.
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Even police band radios are free for the public to recieve.
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Not a good comparison
Or I use their tap to fill up my car's radiator level.
Both are accessible without trespassing and there is no sign indicating that no one should do it."
When you plug into someone's power or take water, you are stealing something. Those things cost people money you goof! On the other hand, using a business' open Wifi should not cost them any extra money or problems unless you are doing something crazy like trying to crash their network.
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Re: Not a good comparison
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Re: Re: Not a good comparison
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Re: Not a good comparison
>> doing something crazy like trying to crash their network.
The same could be said for using an establishments restroom and not being a customer. The owner still has to pay the nominal amount for water, for cleaning staff and supplies, and one more, or one less person using the facilities doesn't cost any more.
Yet, still, establishments post signs saying: "Restrooms are for paying customers only!"
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I think its similar to parking
I live near where this happened and watched it on the news. They ended the story by saying that the law says that there must be malicious intent for it to be illegal. So there is no way that someone checking their email for free should be prosecuted. I think this was a false arrest made only to make a point, and I hope that he can get a nice settlement out of it and that heads roll for a really bad decision.
Does anyone else agree that police should look for ways to NOT harass people, instead of looking for a law that doesn't exist?
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Re: I think its similar to parking
If the business asked him to leave their parking area and he refused then it would be a case of misdemeanor trespass, not felony theft.
It shouldn't be anything since the store was giving it away for free.
Ouch, that must be hard to admit.
Or even ticketed.
Absolutely.
Not likely. He'll be lucky just to escape a felony conviction and prison. Especially with some of the local press cheering the case on.
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I suspect even if the cafe owner was perfectly ok with it, they'll still try to prosecute him.
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I agree
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Why so paranoid?
My guess is he's new or a moron, and yes, police have both types.
The rampant paranoia on here is just silly though. The vast majority of municipal police are not power hungry freedom haters looking for innocents to abuse.
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Re: Why so paranoid?
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Re: Why so paranoid?
as for the arrest, according to the article, under Michigan law, access a computer system without authorization and you're committing a crime...which sounds like a reasonable law to me.
So the guy should walk and sue their pants off...a WiFi is not a computer system by any definition.
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there ya go!
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OMG
The only time I can see a WiFi-stealing case is when someone hops onto a WiFi network and starts downloading massive files and chokes the bandwidth. Even then, WiFi providers can install traffic-control.
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Arrest the Cafe Owner
The next time some guy in a car with a laptop gets rousted by the cops, he ought to insist the owner of the wireless router is arrested.
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Michigan law is stupid
Another thing that pisses me off here in Michigan and I know I'm going of topic a little bit but, a new law was passed that if your vehicle breaks down on the highway its now a $500 fine while a speeding ticket is only $60. I don't know maybe I'm the retard here but to me this seems like this kind of shit here is the most f*cked up thing ever.
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Re: Michigan law is stupid
Another thing that pisses me off here in Michigan and I know I'm going of topic a little bit but, a new law was passed that if your vehicle breaks down on the highway its now a $500 fine while a speeding ticket is only $60. I don't know maybe I'm the retard here but to me this seems like this kind of shit here is the most f*cked up thing ever.
I'm betting this is because the law makers saw all those broken down cars as a source of revenue.
Kinda like the parking situation on the campus I used to attend (NC A&T). Parking permits cost about $110 but the trick was about 2/3 of all the spots on the campus were "Reserved". I understand they more tickets than spaces will be sold but literaly for the 4 years I was there not a day went by that someone was getting a ticket or worse towed. If a professor caught a student in a their reserved spot the professor would block their car in and then call a tow truck. Add that to the fact that campus cops would write a ticket while in their carts, drop it on the car and literally speed away, the parking situation was out of hand.
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When I first read the article, my reaction was “It’s broadcast over the air. Radio waves aren’t limited to the walls of the store. This is unfair”.
In reality, to access someone’s WiFi, you have to connect to the access point. You have to make a choice. It’s not like they are playing music that can be heard from across the street and then trying to arrest you for not paying my entrance fee. You don’t have to use their WiFi.
It’s just like using the restroom. Some places don’t have a policy, others have signs that clearly state “Restroom for customer use only”.
Michigan law states that “A person shall not intentionally and without authorization… Access or cause access to be made to a computer program, computer, computer system, or computer network“. If you are a paying customer, that authorization is implied. Other times, it’s not so clear.
I’d like to see signs that clearly spell out the terms of using the WiFi. “Purchase required to use WiFi” in the case of a coffee shop or restaurant, “Valid Library card required…” in the case of a Library. Until then, if I wouldn’t use the restroom, I won’t use the WiFi.
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Re:
No, it's even worse because in this case there was no entrance fee, it was being given away for free.
And so you would have someone arrested and charged with felony theft for using that restroom otherwise? You're not somehow related to the chief in this case are you? Besides, this case would be more similar to one where a place put up a flashing sign that said "FREE RESTROOMS".
Bull. Show me that case law. You're just making stuff up now. And in this case the guy asked for and received permission from the access point.
Well, like the rest of your argument, that certainly makes no sense. Someone may well offer free internet access without offering restroom facilities to go along with it. Whether you like it or not.
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Bandwidth
In order for it to be unauthorized it's a simple matter of wheather or not the cafe owner intended for the guy to have access. If the owner didn't then the access should be encrypted and anyone breaking the encryption should be charged with unauthorized access.
I really don't think its a cop looking to pick a bone with someone as much as case of a cop that does not understand and was trying to err on the side of caution.
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Re: Bandwidth
No way, my little apologist. The chief went and RESEARCHED the issue first. IF he then still had ANY doubts he could have asked the prosecutor's or city attorney's office for an opinion first. So there is no way the chief didn't know. Besides that, if ignorance of the law is no excuse for laypersons then it should certainly be no excuse for a chief of police.
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Re: Re: Bandwidth
No way, my little apologist. The chief went and RESEARCHED the issue first. IF he then still had ANY doubts he could have asked the prosecutor's or city attorney's office for an opinion first. So there is no way the chief didn't know. Besides that, if ignorance of the law is no excuse for laypersons then it should certainly be no excuse for a chief of police.
Funny thing is I thought about that after I posted it and I have admit I agree with you on that. And that I have it seems like he was going out of his way to charge this guy with something. He was probably mad because the guy didn't "respect his authority".
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Re: Re: Re: Bandwidth
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A few comments
2. There was a sign on the cafe that read "Free Wireless for Customers only"
3. Do any of the articles that mention this mention whether he went in and bought coffee or anything at this cafe at any time?
4. It's Open Wireless for crying out loud! It's not like he had to hack it!
5. And yeah, it does look suspicious for a guy to spend many lunch hours parked in front of the cafe with his laptop without going in.
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Re: A few comments
What is your source for that assertion? It isn't in any of the article linked here so far.
5. And yeah, it does look suspicious for a guy to spend many lunch hours parked in front of the cafe with his laptop without going in.
Suspicious? Not at all.
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Tickets
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Please rank my analogy on a scale of 1 to 10. I give the "using someone's electrical socket" an unimpressive '3'.
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Unauthorized Access?
Ack!!!
I'm doing it now!!!
I didn't get authorization from Techdirt to access their server.
Clearly a case of "Unauthorized Access".
And if your read this your guilty too.
Infact anyone using the internet is guilty of "Unauthorized Access".
I'm calling the police.
On second thought, can I create a website, and sue everone who visitsd without authorization?
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Re: Unauthorized Access?
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I see this kind of argument a lot, but it's not really analogous.
If he is surfing the internet - that is two-way interaction. You must send data to get data. You can't just download web pages, you must request them. Therefore, your request data is trespassing on their network.
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Re:
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It's like watching your neighbor's TV
Watching your neighbor’s TV is basically one-way (packet-sniffing?), UNTIL you start changing the channel. Your neighbor might not notice you standing on the street looking in his window, but if you bring your own remote and start changing the channel, that is not going to end well.
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Re: It's like watching your neighbor's TV
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Re: It's like watching your neighbor's TV
since I'm not, can you tell me what equivalent of the bringing your own remote and changing the channel (thus forcing your neighbor to watch something he not necessarily wants to) in the real situation is????
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If it's open, it's open.
If you don't do it, you're making your signal publicly accessible. Every time someone tries to access it, your network is saying "sure, come on in, the water's fine." You can set up your network to say "go away, I don't know who you are." This is not complicated to figure out. You don't have to be a techie; reading the install manual that came with your router should be enough.
I don't plan on feeling bad about using open wireless signals anytime soon. I don't feel bad about listening in on radio bands either... if someone doesn't want me to hear what they're saying on the public airwaves, they can darn well speak in code.
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2. There was a sign on the cafe that read "Free Wireless for Customers only"
3. Do any of the articles that mention this mention whether he went in and bought coffee or anything at this cafe at any time?
4. It's Open Wireless for crying out loud! It's not like he had to hack it!
5. And yeah, it does look suspicious for a guy to spend many lunch hours parked in front of the cafe with his laptop without going in."
___________________________________
iPhone
http://www.iphonetools.org/
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Douglas is the root of this problem
Promote peace . . . kill a bad guy!
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Boycott Cafes that are involved in this sort of th
What a horrid little police state (city) Sparta, MI must be.
If the Cafe offers free internet what difference if you are inside or outside. I hope they make this thing right. Who wants to get a coffee where folks are that uptight anyway?
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Boycott Cafes that are involved in this sort of th
What a horrid little police state (city) Sparta, MI must be.
If the Cafe offers free internet what difference if you are inside or outside. I hope they make this thing right. Who wants to get a coffee where folks are that uptight anyway?
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2 Comments
2. For small town Police farces, it is all about $$$ CASH FLOW $$$. The local judge is most likely in on it as well. Every school now has to have a "Resource Officer". Salary has to be covered by some means and the officer can't be out issuing tickets to cover it because he is baby sitting a bunch of kids at school.
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Abuse of power...Waste of tax dollars.
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freaking ridiculous
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