Interesting article - Wardriving in the UK

Alexim · 07-26-05, 05:50 AM

If you live in the UK and you are into wardriving - I hope you are willing to shell out 500 quid. The guy in this story did: UK war driver fined.

You have been warned.

07-26-05, 05:57 AM

intresting story, there was an article about someone in the states being prosecuted for using someones wireless internet connetction. it was posted on here but i cant remember what thread it was.

Alexim · 07-26-05, 06:05 AM

Yep, there were serveral discussions about people being done for wardriving over the pond - but this is the first UK case it seems.

07-26-05, 06:11 AM

ive found the thread.

Clicky Here

as always this opens a debate about open networks being free game.

Personaly i leave my encrypted with 128bit WEP due to the information on my server.

psionandy · 07-26-05, 06:45 AM

Thanks for the link.

If anyone is interested a copy of the 2003 communications act (which is the legislation under which the guy was prosecuted) can be found at the link below

http://www.legislation.hmso.gov.uk/a...3/20030021.htm

and anyone who can find out exactly where in that link it covers wardriving is much cleverer than I am :rolling:

Alexim · 07-26-05, 07:37 AM

I'm no legal expert - but I would say that 'Offences relating to networks and services' sections 125 to 127 appear to cover wardriving see below:

Dishonestly obtaining electronic communications services

(1) A person who-

(a) dishonestly obtains an electronic communications service, and

(b) does so with intent to avoid payment of a charge applicable to the provision of that service,

is guilty of an offence.

This in my humble opinion is what a war driver tries to do when war driving - in the cold eyes of the law, m'lud.

Edit: the article on Zdnet confirms my interpretation.

07-26-05, 07:43 AM

Originally Posted by psionandy

Thanks for the link.

If anyone is interested a copy of the 2003 communications act (which is the legislation under which the guy was prosecuted) can be found at the link below

http://www.legislation.hmso.gov.uk/a...3/20030021.htm

and anyone who can find out exactly where in that link it covers wardriving is much cleverer than I am :rolling:

Maybe Tabten5 can help us out! :approve:

psionandy · 07-26-05, 08:08 AM

Originally Posted by Alexim

I'm no legal expert - but I would say that 'Offences relating to networks and services' sections 125 to 127 appear to cover wardriving see below:

Dishonestly obtaining electronic communications services

(1) A person who-

(a) dishonestly obtains an electronic communications service, and

(b) does so with intent to avoid payment of a charge applicable to the provision of that service,

is guilty of an offence.

This in my humble opinion is what a war driver tries to do when war driving - in the cold eyes of the law, m'lud.

Edit: the article on Zdnet confirms my interpretation.

well you are a cleverer man than I am :approve:

Originally Posted by Vnunet

Gregory Straszkiewicz, 24, was sentenced at Isleworth Crown Court under sections 125 and 126 of the Communications Act 2003, which bans the use of wireless networks by those who do not subscribe to them.

07-26-05, 08:16 AM

saves me reading the document Andy so kindly posted

Alexim · 07-26-05, 08:34 AM

Andy,

I doubt I'm cleverer than you are

Let's just say that I'm not without experience when it comes to interpreting legalese. My former life has served me well

Going into this a little further Section 125, subsection 1b:
(1) A person who-
(b) does so with intent to avoid payment of a charge applicable to the provision of that service,

is guilty of an offence.

Means that you will need a good lawyer to prove your 'intention' to NOT avoid payment.

07-26-05, 08:56 AM

i can see that one is going to be hard to get around imagining most war drivers will be using open wi-fi systems for the conviniance (fast, free etc..) and not to casue malicious harm.

aleks 75 · 07-27-05, 12:43 PM

This is BullShit. When I'm driving around with my pda and have my bluetooth GPS going usually my WiFi is open too, therefore my PDA gets hundreds of connections on a short 10 mile drive here in Orlando. My PDA is set to connect automatically to unknown access points. So I'm breaking the law at least a hundred times a day? That's BIG BULLSHIT.

There is a difference of what stealing actually is.

Did I knowingly break into some dumbasses unsecured network to look at data on their computer? Or did I use some dumbasses unsecured network to browse the net?
My network at home is unsecured so neighbors and visitors can browse all they want. My individual computers are firewalled. However my Network at the office is Secured.

Alexim · 07-28-05, 03:59 AM

aleks 75 - it is and it isn't b/sh*t. If you pay a fixed amount for a limitless internet connection and you want to share it, then why not? What harm are you doing? On the face of it very little. However, contractually, you may find that your agreement with your ISP probably prevents you 'sub-renting', even for free, your connection to others. Technically YOU cannot decide whether to 'share' your wifi connection to the www - try telling your ISP what you are doing and see their reaction - better yet, get them to confirm in writing that what you are doing is OK.

If you want to allow others direct free access to your PC, say you house a website locally on Apache, then no-one could prevent you from letting others access your site via an open wifi system - in this case you would be your own ISP - so no problem. So long as they cannot get out of your site and onto the www - in which case scenario one rears its ugly, but common sense, head.

ISPs make money from leasing lines to people, especially in the case of broadband, so if everyone starts sharing their connections with all and sundry - the ISPs will get no further customers and thus cannot make a profit, replace servers and other bits and bobs and this would eventually result in ISPs closing down - limiting our choice as consumers to one or two possibly expensive ISPs.

Everyone talks about sharing his or her connection with regard to wifi - but they are not generally - they are sharing their ISPs connection - which he or she does not have the right to share.

I doubt whether the guy who has a time limited/data quantity limited connection would be that happy to find out that someone is costing him money by taking over his limits without his permission.

I'm leaning towards the point of view that wardriving is a big no no - do it by all means, but if you get caught, come clean and pay the fine or do the time.

Oh, by the way, do you mind if I come over to your house at the weekend, I want to place several calls to a few of my friends around the world. You don't mind sharing, so this should be no problem. :)

Docrobot · 07-28-05, 04:55 AM

Bad metaphor abound.

The real problem is setting up these WiFi Networks initially, giving WiFi Devices (like PDAs) the desire to connect to Access Points. When someone gets in legal trouble because their PDA connects to an open network as they drive by, things will be bad.

The EFF better step in (if not before, as they are already watching this hot topic) and pay that person's legal costs to ensure they get a good lawyer to set good prescidence...

07-28-05, 05:07 AM

Originally Posted by RHC-NET

as always this opens a debate

Score 1 to Robert