Wi-Fi Liability: Potential Legal Risks in Accessing and Operating Wireless Internet
2005; Routledge; Volume: 21; Issue: 3 Linguagem: Inglês
ISSN
0882-3383
Autores Tópico(s)Privacy, Security, and Data Protection
ResumoI. BACKGROUND Suppose you turn on your laptop while sitting at the kitchen table at home and respond OK to a prompt about accessing a nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing someone else's wireless access point? How about intercepting wireless connection signals? What about setting up an open or unsecured wireless access point in your house or business? Attorneys can expect to grapple with these issues and other related questions as the popularity of wireless technology continues to increase. Wireless local-area networks (WLANs), commonly known as (wireless fidelity) networks, connect users to the Internet through radio or infrared frequencies on the unlicensed 2.4 and 5 GHz radio bands. (1) Under Institute of Electrical and Electronics Engineers (IEEE) standards, data transfer rates include 802.11b (11 Mbps), 802.11a (54 Mbps), and 802.11g (125 Mbps). (2) Wi-Fi networks come in several varieties, including WLANs deployed in private residences and businesses, as well as WLANs in public areas (typically known as HotSpots), such as airports, hotels and coffee shops. The rapid growth and adoption of Wi-Fi technology includes both the proliferation of wireless access availability, as well as the sale of Wi-Fi equipped devices. (3) In addition to finding HotSpots in Starbucks, hotels and airports, Wi-Fi users often discover multiple, open WLANs in business districts and suburban neighborhoods. Most recently, the City of Philadelphia announced plans to provide free public Wi-Fi access. (4) Numerous websites offer meticulously documented maps of thousands of HotSpots in cities and localities across the United States and abroad. (5) Some Wi-Fi networking equipment manufacturers now produce routers and access points that support Voice over Internet Protocol (VoIP) capabilities, (6) which permit users with VoIP enabled devices to make telephone calls over the Internet. II. ACCESSING ANOTHER'S WIRELESS SIGNAL A. The Computer Fraud and Abuse Act The Computer Fraud and Abuse Act (CFAA) makes punishable whoever intentionally accesses a or exceeds authorized access and thereby obtains--... information from any if the conduct involves interstate or foreign communication. (7) Another section of the CFAA makes punishable whoever intentionally accesses a authorization, and, as a result of such conduct, recklessly causes damage. (8) The Act also provides for a private right of action for individuals damaged by fraud. (9) In each case, the statute defines protected computer broadly to cover essentially any connected to the Internet. (10) To date, the Justice Department has reported at least one CFAA prosecution involving Wi-Fi. In United States v. Salcedo, the defendants hacked into the system of a retail store through an unsecured Wi-Fi network to steal credit card information while sitting in a car in the parking lot of the store. (11) In the context of accessing a neighbor's WLAN, liability with respect to both of the previously listed sections depends first on establishing intentional access authorization. refers to the intent to access, not the intent to damage the computer. (12) The user interface on Wi-Fi equipped devices typically lists detectable access points automatically by a name the Wireless Access Point (WAP) owner designates. In a residential area, the WAP name may refer to a neighbor's last name, such as in Jones Family Access Point. The act of choosing an access point in this context could provide evidence of intentional access. The CFAA does not define without authorization or what it means to exceed authorization. (13) Under CFAA case law, establishing unauthorized access or lack of has involved reference to the means of access (14) or its purpose. …
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