Stealing 'wireless internet' bill: Oh Noes Someone is Stealing my Gigabytes!

Don't you love how those with the least expertise and knowledge of techonology are the ones making the laws which govern the use of it!

In yet another misguided view of technology crimes and how they occur, Delegate LeRy E. Myers Jr. presented a bill to the Maryland House of Delegates that would criminalise purposely surfing the Internet on someone else's wireless connection. In a Slashdot.org article:

"A bill presented by Delegate LeRoy E. Myers Jr. to the Maryland House of Delegates would criminalize purposely surfing the Internet on someone else's wireless connection. The bill would make intentional unauthorized access to another person's computer, network, database, or software a misdemeanor with a penalty up to three years imprisonment and a fine of up to $1,000. The Maryland public defender's office has submitted written testimony opposing the specific ban and penalty suggested in Myers' bill. Noting that wireless connections are becoming common in neighborhoods, the written testimony says: 'A more effective way to prevent unauthorized access would be for owners to secure their wireless networks with assistance where necessary from Internet service providers or vendors.'"

The full Herald Mail article can be accessed here.

Not only would this law, if passed, would be almost impossible to police, it would be completely over the top and totally miss the point of what it is supposed to be deterring! I think the point of the bill is to stop users from entering onto a wireless connection without the permission of the owner of the wireless router, but honestly there is a MUCH simpler solution then wacking a $1,000.00 fine and up to three years imprisonment - how about educating those who buy wireless routers as to how they can secure their connection to ensure no one has access to their connection in the first place?

Furthermore, shouldn't the harm be comparable to the punishment? I think in most instances of using someone else's wirless connection, there is probably no intent to do harm to them. In most cases, it is probably accidental (as some users may be unaware that they are using a 'stolen' internet connection, or their computer automatically searches for the first available internet connection). Of course there are the 1% who do actually intend to do harm, but aren't there laws already in place for computer hacking (check out s408E Criminal Code 1899 (QLD)). And what about the users who still think that internet explorer is "The Internet", and have no grasp of how or why it works, but they know that clicking on a big blue "e" allows them to access this wondrous thing called the world wide web? I would envision that most such users would just use the first connection which pops up. Would such a bill allow the prosecution of such users (just take a look at the prosecutions against computer illiterate users (click here and here for ridiculous RIAA suits). It is possible that a similar chain of events may emerge where such a law would be used inappropriately against the technologically challenged.

I also find it incredibly hypocritical to apply different standards to circumstances which occur in regards to technology and circumstances in the 'real' world. The Australian Road Rules 1999 states the following:

213 Making a motor vehicle secure
(1) This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road (except to pay a fee for parking the vehicle) so the driver is over 3 metres from the closest part of the vehicle if there is nobody 16 years old, or older, in the
vehicle.
Note Motor vehicle is defined in the dictionary.
(2) Before leaving the motor vehicle, the driver must comply with this rule, except so far as the driver is exempt from this rule under another law of this jurisdiction.
Offence provision.
(3) The driver must:
(a) switch off the engine; and
(b) apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle’s movement in another way.
(4) If there is nobody in the motor vehicle, the driver must:
(a) remove the ignition key; and
(b) if the doors of the vehicle can be locked — lock the doors.

Therefore, if it is an offense to leave your car unlocked, why should it not be an offense to leave something like a wireless router unlocked? In this case, there is the opportunity to protect your own interests, so why should there be any recourse to the courts where you simply failed to take the necessary precautions? Of course, in the case of malicious intent to cause damage to your computer, then yes the full extent of the law should apply. But in the case of using someone else's wireless internet connection, you are not causing any major harm and the owner of the router should take the responsibility of protecting it if they do not wish for someone to access it.