For a while now, I have been bugging people around me by taking the high road with regards to this whole WiFi thing. I’ve been telling my friends that they should just try to find an alternate way to wire their house as the security of these networks sucked. And here I am running to Future Shop to buy a wireless base station as soon as I got me a device that had WiFi built in. I will still stand my ground when it comes to installing that kind of device at my workplace but I guess that the security built into my home network is sufficient for the value of the information that transits on it.
Still, I spent some time reading stuff related to WiFi networks and I stumbled on
an entry in Ray Ozzie’s weblog where he talks about reasonable expectation of privacy on open WiFi networks and the legality of sniffing the traffic or even wardriving for interesting tidbits in front of a politician’s home.
I don’t know much about American law but I know of a couple of offences in the Canadian Criminal Code that apply to that kind of thing:
342.1 (1) Every one who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.
And:
342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the instrument, device or component has been used or is or was intended to be used to commit an offence contrary to that section,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Now, I am not a lawyer but this definitely sounds like it would apply to wardriving at least. In any case, it doesn’t mean that because it’s illegal you shouldn’t protect yourself against it. After all people lock their house door even if it is illegal for someone unauthorized to just walks in.