We have already published several related news with the theft of WiFi networks. Although we talk about a poor man in Florida who was arrested for stealing the signal to its neighbor, one of the last developments puts US in London, where a man located in your vehicle with your laptop connected to the Internet using the wireless signal of a House. He was also arrested by the authorities.
With this are, at least, two cases of theft of the signal of the Wi-Fi networks that have come to light, and we have asked ourselves if really take the WiFi signal from a neighbor is a crime and is punished as such. To make sure We have asked the Bufet Almeida, specialists in Internet and new technologies.
More specifically, we have been exchanging a few emails with Carlos Sánchez Almeida, we noted in its article 16. The prohibited tools (more specifically in paragraph 6-simple information, a crime: towards insurrection wireless) Article 286 of the organic law 15/2003:
1. Shall be punished with imprisonment from six months to two years and fine of six to 24 months which, without the consent of the provider of services and commercial purposes, provide intelligible access to a broadcasting service sound or television, interactive services provided at distance by electronic means, or supply the conditional access considered independent, through service: the manufacture, importation, distribution, made available by electronic means, sale, rental, or possession of any equipment or software, unauthorized in another European Union Member State, designed or adapted for making possible such access.
The installation, maintenance or replacement of equipment or computer programs referred to in paragraph 1.2. With identical punishment shall be punished who, with non-profit alter or duplicate the identification number of telecommunication equipment, or marketed computers that suffered from fraudulent alteration.3. Provide whom, non profit, to third-party access described in paragraph 1, or by means of a communication public, commercial or not, to supply information to a plurality of people on the way to get unauthorized access to a service or the use of a device or program, those expressed in that same paragraph 1 , prompting to achieve them, you will be assessed the fine in the expected penalty.4. To those who use programs that allow the unauthorized access to conditional access services or telecommunications equipment, or equipment shall be liable to penalty envisaged in Article 255 of the code regardless of the amount of the fraud.
In this text, Carlos says that it leads to ambiguity and uncertainty, and can be understood in several ways: the WiFi signal is an intelligible service?. “incite succeed”?. But the biggest problems come with the third subparagraph, where Carlos gives us a couple of examples: current connections to the Internet, the ISP allows a certain number of computers that can be connected. However several systems to a network by using routers, swtiches, and others easily can be installed. Are we perhaps incurring a crime because we have four computers in our home and we have created our local network?. It would be a shame.
In addition, another example: current ISPs do not allow the retransmission of the signal, either with or without profit. ¿What happens to them that they form part of communities type FON or Freehotspot?. According to Carlos, if you hire a permanent bandwidth, their use should be decided by the user, and not by the telecommunications company. Logical.
Other items which one must question are, according to Carlos, the 255 and 256 (in addition to the 286). Contracts with ISPs do not allow the retransmission of the signal, although the law says that that conduct which, without consent of the service provider and commercial purposes, provide intelligible access to a broadcasting service sound or television, interactive services provided at distance by electronic means, or provide conditional access thereto is punishable considered as independent service. And if the service provider if you wish to share your signal?.
Carlos says that no known cases in this area in Spain, although a judge might think that a person who shares your Internet connection wireless signal is in breach of the contract which it had with the ISP. And if the individual does not have the knowledge necessary to configure your router?.
A person could have his WiFi network totally open and without password (or with default passwords that many know). We will have, at least three situations:
- Completely open network. Is it an invitation? Kind of as if I leave my door open, Let’s go. A person can be connected, although there is no authorization by the owner of the connection. Is it a crime?.
- Password-protected network: it is clear that if a person is connected to a network that is protected with a password, that security has been broken in some way. And if the password is the famous admin (very used by manufacturers to make it the password by default)?. us We connect and know the password, Although we do not have the permission of the owner.
- However, if by some or other methods we break the security completely and we “slipped” in the network, do we would be incurring a crime?. Perhaps in this case if it would be more clear. It would be something as well as breaking the lock of the door of the House, and enter.
You can see that the biggest problem is that the law benefits large companies more than consumers themselves. In addition, is ambiguous and it can give rise to various situations. What do you think?. Do you think that it is correct?.
From our part, thank all the information that Carlos has provided us so quickly. Thank you!.
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