Tuesday, May 29, 2007

Michigan man dodges prison in theft of Wi-Fi

A Michigan man who used a coffee shop's unsecured Wi-Fi to check his e-mail from his car could have faced up to five years in prison, according to local TV station WOOD. But it seems few in the village of Sparta, Mich., were aware that using an unsecured Wi-Fi connection without the owner's permission--a practice known as piggybacking--was a felony.

Each day around lunch time, Sam Peterson would drive to the Union Street Cafe, park his car and--without actually entering the coffee shop--check his e-mail and surf the Net. His ritual raised the suspicions of Police Chief Andrew Milanowski, who approached him and asked what he was doing. Peterson, probably not realizing that his actions constituted a crime, freely admitted what he was doing.

"I knew that the Union Street had Wi-Fi. I just went down and checked my e-mail and didn't see a problem with that," Peterson told a WOOD reporter.

Milanowski didn't immediately cite or arrest Peterson, mostly because he wasn't certain a crime had been committed. "I had a feeling a law was being broken," the chief said. Milanowski did some research and found Michigan's "Fraudulent access to computers, computer systems, and computer networks" law, a felony punishable by five years in prison and a $10,000 fine.

Milanowski, who eventually swore out a warrant for Peterson, doesn't believe Milanowski knew he was breaking the law. "In my opinion, probably not. Most people probably don't."

Indeed, neither did Donna May, the owner of the Union Street Cafe. "I didn't know it was really illegal, either," she told the TV station. "If he would have come in (to the coffee shop), it would have been fine."

But apparently prosecutors were more than aware of the 1979 law, which was revised in 2000 to include protections for Wi-Fi networks.

"This is the first time that we've actually charged it," Kent County Assistant Prosecutor Lynn Hopkins said, adding that "we'd been hoping to dodge this bullet for a while."

However, Peterson won't be going to prison for piggybacking. Because he has no prior record, Peterson will have to pay a $400 fine, do 40 hours of community service and enroll in the county's diversion program.

1 comment:

  1. Anonymous6:29 AM

    Is this really about enforcing the law or just looking for something to charge people with. This is the new world order at work again.
    Let's try to find some law that people don't know about so we can
    arrest them and charge them with something. A felony no less. Is
    it really protecting the public from a dangerous person to arrest
    someone for something even the police don't know is illegal? Once
    again the justice system is just looking to make criminals out of good people and bring in revenue in
    fines to support the bureaucracy.


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