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As to whether it is actually illegal, here's one interpretation of current US federal law (in addition, many US states have legislated for this fairly recently: see below):
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The current revision of Title 18 18 U.S.C. 1030 says that you must intentionally access a protected computer without authorization, and as a result of such conduct, cause damage of $5000 or more in a 1-year period for this to be a crime.
So, let's say we just want to do some Internet surfing via a wide-open, unencrypted AP of unknown origin (probably a neighbor), from the luxury of the living room...
-Is it intentional? YES.
-Is it a "computer" I'm accessing? According to USC 18 - YES. An AP is a computer by definition.
-Is it a protected computer? According to the definition in USC 18 - Not inherently. But in this case we'll be getting on the Internet, so YES.
-Is the access authorized? No.
-Am I causing a loss of $5000 or more? Easily - See below.
"Loss" can include things like time spent responding to the incident, damage assessment, etc. So, "loss" can add up pretty quickly with these intangibles. However, it doesn't count unless the loss was incurred as a result of a crime.
So, to sum up - Chilling in your living room and surfing via your neighbors AP (as harmless as it seems) is a federal crime. Also, some states like Alaska now have laws that specifically prohibit doing this as well (Theft of Service).
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Is there a lawyer in the house? I looked over the code and certainly got something totally different out of it. I guess that is why there are so many lawyers around. Here is one location for you all to read your self.
http://www4.law.cornell.edu/uscode/18/1030.html
I know of no federal or state law describing what was quoted above. Can you give example? Is this federal code dealing with hacking, stealing of data, virus's? The main thing is intent. Did one enter the computer/sysem with the intent of doing harm in some matter? That would probably be the question as to if a law was broken or not. Like shouting fire in a crowed movie house is against the law because of the intent of the action (causing panic) even though one has freedom of speech here in the US.