Thursday, Oct 04, 2007 at 19:31
The legislation I found to be relevant to Wardriving is the Cybercrime Act 2001. In particular
477.3 Unauthorised impairment of electronic communication
(1)
A person is guilty of an offence if:
(a)
the person causes any unauthorised impairment of electronic communication to or from a computer; and
(b)
the person knows that the impairment is unauthorised; and
(c)
one or both of the following applies:
(i)
the electronic communication is sent to or from the computer by means of a telecommunications service;
(ii)
the electronic communication is sent to or from a Commonwealth computer.
--So basically, If you are driving around looking for wireless AP's and then using the Internet when you find them then the following applies
A person is guilty of an offence if:
(a)
the person causes any unauthorised impairment of electronic communication to or from a computer; and
--
Well you are imparing the electronic communication as you are using some of it's bandwidth but there is an and needed to make it an offence. Also this part of the act actually concerns denial of service attacks but their definition of impairment is
grey and could include this. However if that were the case it would also include just having a network card in your laptop and waliking past as they automatically connect to unsecure networks and any such connention would impair the communication.
(b)
the person knows that the impairment is unauthorised; and
--I'll admit that this part seems a bit of a
grey area but how do you tell if a network is unauthorised and not a public wireless AP. Now I know some people are getting "scalps" by entering the router's IP and then logining into it. That IS illegal as you have clearly entered a restricted area.
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