Man Charged With Stealing Wi-Fi Signal

http://news.yahoo.com/news?tmpl=stor..._wi_fi_theft_1


Police have arrested a man for using someone else's wireless Internet
network in one of the first criminal cases involving this fairly common
practice.

Benjamin Smith III, 41, faces a pretrial hearing this month following
his April arrest on charges of unauthorized access to a computer
network, a third-degree felony.

Police say Smith admitted using the Wi-Fi signal from the home of
Richard Dinon, who had noticed Smith sitting in an SUV outside Dinon's
house using a laptop computer.

The practice is so new that the Florida Department of Law Enforcement
doesn't even keep statistics, according to the St. Petersburg Times,
which reported Smith's arrest this week.

Innocuous use of other people's unsecured Wi-Fi networks is common,
though experts say that plenty of illegal use also goes undetected: such
as people sneaking on others' networks to traffic in child pornography,
steal credit card information and send death threats.

Security experts say people can prevent such access by turning on
encryption or requiring passwords, but few bother or are unsure how to
do so.

Wi-Fi, short for Wireless Fidelity, has enjoyed prolific growth since
2000. Millions of households have set up wireless home networks that
give people like Dinon the ability to use the Web from their backyards
but also reach the house next door or down the street.

It's not clear why Smith was using Dinon's network. Prosecutors declined
to comment, and a working phone number could not be located for Smith.

3rd degree felony
that's great prosecute the guy

what the hell is a third degree felony.

Somehow the sounds of felony seems a little strong unless they know he was
using that stolen connection for kiddy porn or some other non legal crap.
Felony .... sounds like a large associated taxpayer expense to me if he
was just being a stupid petty thief addicted to MSN chatt.

"Agent777" <(E-Mail Removed)> wrote in message
news:jdidnWo7cZl45FHfRVn-(E-Mail Removed)...
> http://news.yahoo.com/news?tmpl=stor..._wi_fi_theft_1
>
>
> Police have arrested a man for using someone else's wireless Internet
> network in one of the first criminal cases involving this fairly common
> practice.
>
> Benjamin Smith III, 41, faces a pretrial hearing this month following his
> April arrest on charges of unauthorized access to a computer network, a
> third-degree felony.
>
> Police say Smith admitted using the Wi-Fi signal from the home of Richard
> Dinon, who had noticed Smith sitting in an SUV outside Dinon's house using
> a laptop computer.
>
> The practice is so new that the Florida Department of Law Enforcement
> doesn't even keep statistics, according to the St. Petersburg Times, which
> reported Smith's arrest this week.
>
> Innocuous use of other people's unsecured Wi-Fi networks is common, though
> experts say that plenty of illegal use also goes undetected: such as
> people sneaking on others' networks to traffic in child pornography, steal
> credit card information and send death threats.
>
> Security experts say people can prevent such access by turning on
> encryption or requiring passwords, but few bother or are unsure how to do
> so.
>
> Wi-Fi, short for Wireless Fidelity, has enjoyed prolific growth since
> 2000. Millions of households have set up wireless home networks that give
> people like Dinon the ability to use the Web from their backyards but also
> reach the house next door or down the street.
>
> It's not clear why Smith was using Dinon's network. Prosecutors declined
> to comment, and a working phone number could not be located for Smith.

On Thu, 07 Jul 2005 17:20:45 GMT, "bumtracks" <(E-Mail Removed)> wrote:

> 3rd degree felony
>that's great prosecute the guy
>
>what the hell is a third degree felony.

Instant Lawyer, just add Google...

Florida law aparently has a 10 level scoreing system:
http://caselaw.lp.findlaw.com/script...29_rtf&invol=1
Yech.

This is a bit clearer:
http://leeclerk.org/Criminal_Office....=CriminalText#

Capital Felony is punishable by death or life imprisonment without
eligibility for parole.

Life Felony is punishable by a term of life imprisonment and by a fine
not to exceed $15,000.00.

First Degree Felony is punishable by a term of imprisonment not to
exceed 30 years and a fine not to exceed $10,000.00.

Second Degree Felony is punishable by a term of imprisonment not to
exceed 15 years and a fine not to exceed $10,000.00.

Third Degree Felony is punishable by a term of imprisonment not to
exceed 5 years and a fine not to exceed $5,000.00.

>Somehow the sounds of felony seems a little strong unless they know he was
>using that stolen connection for kiddy porn or some other non legal crap.
>Felony .... sounds like a large associated taxpayer expense to me if he
>was just being a stupid petty thief addicted to MSN chatt.

It would be interesting to know if "theft of service" is really a
felony in Florida.


--
Jeff Liebermann (E-Mail Removed)
150 Felker St #D http://www.LearnByDestroying.com
Santa Cruz CA 95060 AE6KS 831-336-2558

"Jeff Liebermann" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
> On Thu, 07 Jul 2005 17:20:45 GMT, "bumtracks" <(E-Mail Removed)> wrote:
>
> > 3rd degree felony
> >that's great prosecute the guy
> >
> >what the hell is a third degree felony.
>
> Instant Lawyer, just add Google...
>
> Florida law aparently has a 10 level scoreing system:
>
http://caselaw.lp.findlaw.com/script...alpha9509%5Cwk
3%5Cop-85929_rtf&invol=1
> Yech.
>
> This is a bit clearer:
> http://leeclerk.org/Criminal_Office....=CriminalText#
>
> Capital Felony is punishable by death or life imprisonment without
> eligibility for parole.
>
> Life Felony is punishable by a term of life imprisonment and by a fine
> not to exceed $15,000.00.
>
> First Degree Felony is punishable by a term of imprisonment not to
> exceed 30 years and a fine not to exceed $10,000.00.
>
> Second Degree Felony is punishable by a term of imprisonment not to
> exceed 15 years and a fine not to exceed $10,000.00.
>
> Third Degree Felony is punishable by a term of imprisonment not to
> exceed 5 years and a fine not to exceed $5,000.00.
>
> >Somehow the sounds of felony seems a little strong unless they know he
was
> >using that stolen connection for kiddy porn or some other non legal
crap.
> >Felony .... sounds like a large associated taxpayer expense to me if
he
> >was just being a stupid petty thief addicted to MSN chatt.
>
> It would be interesting to know if "theft of service" is really a
> felony in Florida.
>
>
> --
> Jeff Liebermann (E-Mail Removed)
> 150 Felker St #D http://www.LearnByDestroying.com
> Santa Cruz CA 95060 AE6KS 831-336-2558

Jeff, take a look here (may wrap):

http://www.flsenate.gov/Statutes/ind...atute&Search_S
tring=&URL=Ch0815/SEC06.HTM&Title=->2003->Ch0815->Section%2006#0815.06

Full FL computer crimes chapter:

http://www.flsenate.gov/Statutes/ind...atute&URL=Ch08
15/ch0815.htm

HTH
Louie
Gainesville, FL, USA

"Louie" <(E-Mail Removed)> wrote in message
news:5Yeze.37064$(E-Mail Removed)...
> "Jeff Liebermann" <(E-Mail Removed)> wrote in message
> news:(E-Mail Removed)...
>> On Thu, 07 Jul 2005 17:20:45 GMT, "bumtracks" <(E-Mail Removed)> wrote:
>>
>> > 3rd degree felony
>> >that's great prosecute the guy
>> >
>> >what the hell is a third degree felony.
>>
>> Instant Lawyer, just add Google...
>>
>> Florida law aparently has a 10 level scoreing system:
>>
> http://caselaw.lp.findlaw.com/script...alpha9509%5Cwk
> 3%5Cop-85929_rtf&invol=1
>> Yech.
>>
>> This is a bit clearer:
>> http://leeclerk.org/Criminal_Office....=CriminalText#
>>
>> Capital Felony is punishable by death or life imprisonment without
>> eligibility for parole.
>>
>> Life Felony is punishable by a term of life imprisonment and by a fine
>> not to exceed $15,000.00.
>>
>> First Degree Felony is punishable by a term of imprisonment not to
>> exceed 30 years and a fine not to exceed $10,000.00.
>>
>> Second Degree Felony is punishable by a term of imprisonment not to
>> exceed 15 years and a fine not to exceed $10,000.00.
>>
>> Third Degree Felony is punishable by a term of imprisonment not to
>> exceed 5 years and a fine not to exceed $5,000.00.
>>
>> >Somehow the sounds of felony seems a little strong unless they know he
> was
>> >using that stolen connection for kiddy porn or some other non legal
> crap.
>> >Felony .... sounds like a large associated taxpayer expense to me if
> he
>> >was just being a stupid petty thief addicted to MSN chatt.
>>
>> It would be interesting to know if "theft of service" is really a
>> felony in Florida.
>>
>>
>> --
>> Jeff Liebermann (E-Mail Removed)
>> 150 Felker St #D http://www.LearnByDestroying.com
>> Santa Cruz CA 95060 AE6KS 831-336-2558
>
> Jeff, take a look here (may wrap):
>
> http://www.flsenate.gov/Statutes/ind...atute&Search_S
> tring=&URL=Ch0815/SEC06.HTM&Title=->2003->Ch0815->Section%2006#0815.06
>
> Full FL computer crimes chapter:
>
> http://www.flsenate.gov/Statutes/ind...atute&URL=Ch08
> 15/ch0815.htm
>
> HTH
> Louie
> Gainesville, FL, USA
>
>

"Louie" <(E-Mail Removed)> wrote in message
news:5Yeze.37064$(E-Mail Removed)...
> "Jeff Liebermann" <(E-Mail Removed)> wrote in message
> news:(E-Mail Removed)...
>> On Thu, 07 Jul 2005 17:20:45 GMT, "bumtracks" <(E-Mail Removed)> wrote:
>>
>> > 3rd degree felony
>> >that's great prosecute the guy
>> >
>> >what the hell is a third degree felony.
>>
>> Instant Lawyer, just add Google...
>>
>> Florida law aparently has a 10 level scoreing system:
>>
> http://caselaw.lp.findlaw.com/script...alpha9509%5Cwk
> 3%5Cop-85929_rtf&invol=1
>> Yech.
>>
>> This is a bit clearer:
>> http://leeclerk.org/Criminal_Office....=CriminalText#
>>
>> Capital Felony is punishable by death or life imprisonment without
>> eligibility for parole.
>>
>> Life Felony is punishable by a term of life imprisonment and by a fine
>> not to exceed $15,000.00.
>>
>> First Degree Felony is punishable by a term of imprisonment not to
>> exceed 30 years and a fine not to exceed $10,000.00.
>>
>> Second Degree Felony is punishable by a term of imprisonment not to
>> exceed 15 years and a fine not to exceed $10,000.00.
>>
>> Third Degree Felony is punishable by a term of imprisonment not to
>> exceed 5 years and a fine not to exceed $5,000.00.
>>
>> >Somehow the sounds of felony seems a little strong unless they know he
> was
>> >using that stolen connection for kiddy porn or some other non legal
> crap.
>> >Felony .... sounds like a large associated taxpayer expense to me if
> he
>> >was just being a stupid petty thief addicted to MSN chatt.
>>
>> It would be interesting to know if "theft of service" is really a
>> felony in Florida.
>>
>>
>> --
>> Jeff Liebermann (E-Mail Removed)
>> 150 Felker St #D http://www.LearnByDestroying.com
>> Santa Cruz CA 95060 AE6KS 831-336-2558
>
> Jeff, take a look here (may wrap):
>
> http://www.flsenate.gov/Statutes/ind...atute&Search_S
> tring=&URL=Ch0815/SEC06.HTM&Title=->2003->Ch0815->Section%2006#0815.06
>
> Full FL computer crimes chapter:
>
> http://www.flsenate.gov/Statutes/ind...atute&URL=Ch08
> 15/ch0815.htm
>
> HTH
> Louie
> Gainesville, FL, USA
>
>
The 2004 Florida Statutes

Title XLVI
CRIMES Chapter 815
COMPUTER-RELATED CRIMES View Entire Chapter

815.06 Offenses against computer users.--

(1) Whoever willfully, knowingly, and without authorization:

(a) Accesses or causes to be accessed any computer, computer
system, or computer network;

(b) Disrupts or denies or causes the denial of computer system
services to an authorized user of such computer system services, which, in
whole or part, is owned by, under contract to, or operated for, on behalf
of, or in conjunction with another;

(c) Destroys, takes, injures, or damages equipment or supplies
used or intended to be used in a computer, computer system, or computer
network;

(d) Destroys, injures, or damages any computer, computer
system, or computer network; or

(e) Introduces any computer contaminant into any computer,
computer system, or computer network,

commits an offense against computer users.

(2)(a) Except as provided in paragraphs (b) and (c), whoever
violates subsection (1) commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Whoever violates subsection (1) and:

1. Damages a computer, computer equipment, computer supplies, a
computer system, or a computer network, and the monetary damage or loss
incurred as a result of the violation is $5,000 or greater;

2. Commits the offense for the purpose of devising or executing
any scheme or artifice to defraud or obtain property; or

3. Interrupts or impairs a governmental operation or public
communication, transportation, or supply of water, gas, or other public
service,

commits a felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

(c) Whoever violates subsection (1) and the violation endangers
human life commits a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

(3) Whoever willfully, knowingly, and without authorization
modifies equipment or supplies used or intended to be used in a computer,
computer system, or computer network commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.

(4)(a) In addition to any other civil remedy available, the
owner or lessee of the computer, computer system, computer network, computer
program, computer equipment, computer supplies, or computer data may bring a
civil action against any person convicted under this section for
compensatory damages.

(b) In any action brought under this subsection, the court may
award reasonable attorney's fees to the prevailing party.

(5) Any computer, computer system, computer network, computer
software, or computer data owned by a defendant which is used during the
commission of any violation of this section or any computer owned by the
defendant which is used as a repository for the storage of software or data
obtained in violation of this section is subject to forfeiture as provided
under ss. 932.701-932.704.

(6) This section does not apply to any person who accesses his
or her employer's computer system, computer network, computer program, or
computer data when acting within the scope of his or her lawful employment.

(7) For purposes of bringing a civil or criminal action under
this section, a person who causes, by any means, the access to a computer,
computer system, or computer network in one jurisdiction from another
jurisdiction is deemed to have personally accessed the computer, computer
system, or computer network in both jurisdictions.

History.--s. 1, ch. 78-92; s. 11, ch. 2001-54

On Thu, 7 Jul 2005 15:00:24 -0400, "Louie"
<(E-Mail Removed)> wrote:


>http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0815/SEC06.HTM&Title=->2003->Ch0815->Section%2006#0815.06

Ah, much better than what I excavated. Thanks.

The very first item is:

815.06 Offenses against computer users.--
(1) Whoever willfully, knowingly, and without authorization:
(a) Accesses or causes to be accessed any computer, computer
system, or computer network;

which covers the illegal access. 2(a) makes it a 3rd degree felony.

Thanks much. Now, lets see if the D.A. decides to prosecute. I'll
bet on the perpetrator pleading guilty to some lesser charge, and
"volunteering" for rehabilitation.

>Full FL computer crimes chapter:
>http://www.flsenate.gov/Statutes/ind...815/ch0815.htm

That explains what Florida means by "access".

815.03 Definitions.--As used in this chapter, unless the context
clearly indicates otherwise:

(1) "Access" means to approach, instruct, communicate with, store
data in, retrieve data from, or otherwise make use of any
resources of a computer, computer system, or computer network.

Egads. One can't even approach a computer in Florida without breaking
the law.

>HTH
>Louie
>Gainesville, FL, USA


--
# Jeff Liebermann 150 Felker St #D Santa Cruz CA 95060
# 831.336.2558 voice http://www.LearnByDestroying.com
# (E-Mail Removed)
# (E-Mail Removed) AE6KS

"Jeff Liebermann" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
> On Thu, 7 Jul 2005 15:00:24 -0400, "Louie"
> <(E-Mail Removed)> wrote:
>
>
>>http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0815/SEC06.HTM&Title=->2003->Ch0815->Section%2006#0815.06
>
> Ah, much better than what I excavated. Thanks.
>
> The very first item is:
>
> 815.06 Offenses against computer users.--
> (1) Whoever willfully, knowingly, and without authorization:
> (a) Accesses or causes to be accessed any computer, computer
> system, or computer network;
>
> which covers the illegal access. 2(a) makes it a 3rd degree felony.
>
> Thanks much. Now, lets see if the D.A. decides to prosecute. I'll
> bet on the perpetrator pleading guilty to some lesser charge, and
> "volunteering" for rehabilitation.
>
>>Full FL computer crimes chapter:
>>http://www.flsenate.gov/Statutes/ind...815/ch0815.htm
>
> That explains what Florida means by "access".
>
> 815.03 Definitions.--As used in this chapter, unless the context
> clearly indicates otherwise:
>
> (1) "Access" means to approach, instruct, communicate with, store
> data in, retrieve data from, or otherwise make use of any
> resources of a computer, computer system, or computer network.
>
> Egads. One can't even approach a computer in Florida without breaking
> the law.
>
>>HTH
>>Louie
>>Gainesville, FL, USA
>
>
> --
> # Jeff Liebermann 150 Felker St #D Santa Cruz CA 95060
> # 831.336.2558 voice http://www.LearnByDestroying.com
> # (E-Mail Removed)
> # (E-Mail Removed) AE6KS

Remember this is from the people, who couldn't read their own states
election Ballots!!! ;-()

"Teddybare" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>
> "Jeff Liebermann" <(E-Mail Removed)> wrote in message
> news:(E-Mail Removed)...
> > On Thu, 7 Jul 2005 15:00:24 -0400, "Louie"
> > <(E-Mail Removed)> wrote:

<snip>

> > (1) "Access" means to approach, instruct, communicate with, store
> > data in, retrieve data from, or otherwise make use of any
> > resources of a computer, computer system, or computer network.
> >
> > Egads. One can't even approach a computer in Florida without breaking
> > the law.
> >
> >>HTH
> >>Louie
> >>Gainesville, FL, USA
> >
> >
> > --
> > # Jeff Liebermann 150 Felker St #D Santa Cruz CA 95060
> > # 831.336.2558 voice http://www.LearnByDestroying.com
> > # (E-Mail Removed)
> > # (E-Mail Removed) AE6KS
>
> Remember this is from the people, who couldn't read their own states
> election Ballots!!! ;-()

Grrrrr! lol That happened in South Florida. We folks above Tampa-Orlando
have better sense than to use those damn punch-out ballots. 8-)

Louie
Gainesville, FL, USA

> On Thu, 7 Jul 2005 15:00:24 -0400, "Louie"
> <(E-Mail Removed)> wrote:
>
>
>
>http://www.flsenate.gov/Statutes/ind...tatute&Search_
String=&URL=Ch0815/SEC06.HTM&Title=->2003->Ch0815->Section%2006#0815.06
>
> Ah, much better than what I excavated. Thanks.
>
> The very first item is:
>
> 815.06 Offenses against computer users.--
> (1) Whoever willfully, knowingly, and without authorization:
> (a) Accesses or causes to be accessed any computer, computer
> system, or computer network;
>
> which covers the illegal access. 2(a) makes it a 3rd degree felony.
>
> Thanks much. Now, lets see if the D.A. decides to prosecute. I'll
> bet on the perpetrator pleading guilty to some lesser charge, and
> "volunteering" for rehabilitation.

I agree. Maybe a period of "probation", followed by a period of "community
service" (how's that for a free labor euphemism?), then maybe "counseling"
(getting your head shrunk). And then, of course, let's don't forget that
the "offender" has to pay big bucks for all the above.

> >Full FL computer crimes chapter:
>
>http://www.flsenate.gov/Statutes/ind...tatute&URL=Ch0
815/ch0815.htm
>
> That explains what Florida means by "access".
>
> 815.03 Definitions.--As used in this chapter, unless the context
> clearly indicates otherwise:
>
> (1) "Access" means to approach, instruct, communicate with, store
> data in, retrieve data from, or otherwise make use of any
> resources of a computer, computer system, or computer network.
>
> Egads. One can't even approach a computer in Florida without breaking
> the law.

lol. You ought to see some of our other "laws". I think I remember seeing
an article about approx 100 high school students in PA might be charged with
3rd degree felony for procuring the schools password and reconfiguring their
'puters for more Internet access and porn sites. What a world!

Louie
Gainesville, FL, USA