Maryland
Proposed Md. bill would make intentional theft of wireless Internet access a crime
ANNAPOLIS - Purposely surfing the Internet on someone else's wireless connection, without permission, would be a crime under a bill Del. LeRoy E. Myers Jr. presented Tuesday.
Myers, R-Washington/Allegany, said his bill is meant to clarify intentional theft vs. accidental use.
He told the House Judiciary Committee that one of his neighbors, after buying a new laptop computer, got onto the Internet, thinking it was through a cable TV hookup.
Actually, the connection was through Myers' home wireless Internet system.
He said he didn't want unintentional use like that to be prosecuted the same as computer hacking.
According to the bill, intentional unauthorized access to another person's computer, network, database or software is a misdemeanor. The penalty is up to three years imprisonment and a fine of up to $1,000.
Myers shared a 2007 news story about a man in Michigan prosecuted for using a wireless Internet connection outside a coffee shop.
A Fox News story says the man parked his truck in front of the shop during lunch breaks and checked his e-mail on his laptop computer.
When a nearby business owner got suspicious, police talked to the man and ruled out that he was spying or stalking someone. However, a prosecutor filed the charge of stealing the wireless connection, the story says.
The charge was a felony punishable by up to five years in jail and a fine of up to $10,000.
His other choice was a jail diversion program, which involved paying a $400 fine, doing 40 hours of community service and being on probation for six months.
It wasn't clear from the story which outcome the man chose.
In the story, the coffee shop owner said the man could have come inside and used the wireless connection for free.
The Maryland public defender's office submitted written testimony opposing the specific ban and penalty suggested in Myers' bill.
Noting that wireless connections are becoming common in neighborhoods, the written testimony says: "A technically unsophisticated user, such as a visiting parent, or simply a houseguest unfamiliar with the home's Internet could and probably would choose the first available network."
The public defender's office also alleged it would be difficult to prove that someone knowingly used an unauthorized connection.
"A more effective way to prevent unauthorized access would be for owners' (sic) to secure their wireless networks with assistance where necessary from Internet service providers or Vendors," the public defender's office wrote.
Del. Joseph F. Vallario Jr., D-Calvert/Prince George's, the committee chairman, asked Myers why his neighbors would ever get their own Internet connection now that they know they can use his.
To read the bill: