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L INTRODUCTION
There is no doubt that the rapid growth of the Internet has significantly affected the way we communicate, conduct business and socially interact with one another. Internet technology has been seamlessly integrated with our everyday activity to the point that most don't give its use a second thought. Especially oblivious to many Internet users are its mechanics, and the points at which networks are accessed. More than ever, computer users are connecting to the Internet through wireless networks. Laptop computers now come equipped with wireless network cards and software that searches for available wireless (Wi-Fi) connections to allow even novice computer users to access "open" or unsecured networks while roaming. Whether innocent, ignorant or nefarious, access to wireless networks is often accomplished without the knowledge or express permission of the network's owner. This type of "unauthorized" access (or piggybacking) creates many novel and controversial legal issues. Unfortunately, the current state of the law of open Wi-Fi access is inconsistent and unclear in many jurisdictions. This leaves roaming WiFi users uncertain as to the legal status of connecting to an available, but unfamiliar, open network.
The proliferation of open Wi-Fi networks throughout our society has also given rise to a subculture of sophisticated computer users who find, track and report open Wi-Fi connections in a given locale. This phenomenon is known in the Internet community as the sport of "War-driving."1 Although ostensibly war-drivers do not access open Wi-Fi networks themselves, they do report the existence and availability of an unsecured network, allowing others to discover and use the connection. Questions of how, and whether, the law should apply and/or respond to the fast moving world of Wi-Fi network access, including practices such as piggybacking and war-driving abound. This article explores several theories of criminal and civil liability for unauthorized Wi-Fi use under both federal and state statutory law. The article concludes with a discussion of the ongoing debate about how open Wi-Fi use should be viewed by society and the law, and whether it should be prohibited.
II. WI-FI TECHNOLOGY AND THE POTENTIAL FOR ITS (MIS)USE
Wireless Internet technology offers computer users the freedom to connect with one another while roaming, eliminating the need to be tied to a traditional landline modem or...