Is piggybacking on an open wireless network stealing? I have to admit, the definition of "stealing" has changed a bit since I was a kid. In her article Wireless Freeloaders Are Breaking The Law, "cyberspace lawyer" Parry Aftab attempts to argue with some precocious preteens about the moral dilemma of hopping the nearest open wireless connection.

Though she did her best to explain her actions to the kids, I think she missed a few important points that further confound the definition merely as stealing. First off, stealing means your taking something FROM someone without permission. In this case your not denying the party their Internet connection, but merely using it on a temporary basis. When you disconnect the original service is rendered back to normal, barring some sort of malicious action.

Second is the idea of obtaining permission. If I come over to your house and take an apple from your kitchen without asking, this is stealing. But if you tell me I can take the apple, then all is fair and I'm rightfully taking advantage of a situation. So what constitutes permission when it comes to accessing a wireless connection? Is it necessary for me to obtain written or verbal permission? Or is the act of leaving one's network open permission enough?

Some would liken this to leaving the front door to your house not only unlocked, but standing wide open. But this is not the case when it comes to wireless signals. Wireless network signals often propagate far beyond the confines of your property. If your signal bleeds over into my house, are you not intruding into my domain? You are, but under the FCC guidelines this is all right as long as it doesn't cause any harmful interference. Is it wrong if I utilize a signal that is being broadcast into my own home?

In my opinion, since modern wireless devices have integrated, and easy to use methods of protecting their networks, the act of leaving your network open is equivalent to implying permission to access your signal. At the very least, allowing your signal to bleed over into my house is an incursion into my rightfully owned property. By access it I am no more stealing from you than if I were to sit outside and listen to your stereo blast the latest REM CD into my ears.

I am sure that at some point this situation will wind up in court. What frightens me is that folks would allow the court to decide what is and isn't legal within the confines of the home, instead of taking a little personal responsibility and securing their network if they don't want someone using it.