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Legality of piggybacking information


Laws regarding "unauthorized access of a computer network" exist in many legal codes, though the wording and meaning differs from one to the next. However, the interpretation of terms like "access" and "authorization" is not clear, and there is no general agreement on whether piggybacking (intentional access of an open Wi-Fi network without harmful intent) falls under this classification.[1] Some jurisdictions prohibit it, some permit it, and others are not well-defined.

For example, a common but untested argument is that the 802.11 and DHCP protocols operate on behalf of the owner, implicitly requesting permission to access the network, which the wireless router then authorizes. (This would not apply if the user has other reason to know that their use is unauthorized, such as a written or unwritten notice.)

In addition to laws against unauthorized access on the user side, there are the issues of breach of contract with the Internet service provider on the network owner's side. Many terms of service prohibit bandwidth sharing with others, though others allow it. The Electronic Frontier Foundation maintains a list of ISPs[2] that allow sharing of the Wi-Fi signal.

  1. ^ Bierlein, Matthew (2006). "Policing the Wireless World: Access Liability in the Open Wi-Fi Era" (PDF). Ohio State Law Journal. 67 (5). Retrieved 2007-09-01.
  2. ^ "Wireless-Friendly ISPs". 7 November 2011.

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