I think most people have used open networks when an Internet connection is needed and no other option is available but using someone else’s connection for an extended period of time is a security risk and probably illegal where you live.

Watch video the below where a lady calls into Leo Laporte’s Tech Guy Show claiming that the “Linksys” WiFi access she has been using for over a year has “disappeared”. She purchased a Linksys 802.11n extender thinking that would bring “Linksys” back. Leo discovers that she was really using her neighbors WiFi and explains the potential risks of using open networks.

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The topic of stealing WiFi Internet access or legality of using someone else’s WiFi Internet access is always entertaining because almost everyone has an opinion on this subject and in almost every case each person is convinced that their view is right. I’m no different — my method to determine if using wireless Internet is illegal answer the question below.

Did you get permission from the owner of the WiFi hardware to connect to it? Permission could be verbal communication or a sign that indicates that the WiFi connection is free.

If your answer is “NO” then you are stealing Internet service and it is against the law. Don’t believe me read this.

Internet Connection Is What They Really Want

An access point is basically connecting users wirelessly to a wired network. Other than hackers, most users that connect to an open wireless network want to get connected to the Internet which is a service that the owner of the wireless network is usually paying a monthly fee for.

So while someone could justify connecting to an open wireless network and convince you that they have done is not wrong. Once they use the owners ISP connection they are stealing a service.

Some folks may argue that if a WiFi connection is not secured then it can’t be considered stealing. Not true, even open access points technically use the SSID to “authenticate” users on to the access point with a process called “open authentication”.

ISP Acceptable Usage Policy (AUP) and Other People’s Wireless Internet

If you get permission you may OK but the person granting the permission may have violated the ISP’s rules. In almost all cases, the person giving the permission may not be allowed to share the Internet connection based on the service provider’s Terms of Services (TOS) and/or Acceptable Usage Policy (AUP).

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All ISPs where I could locate TOS/AUP do not allow sharing of residential broadband Internet other than within the home of the service owner. So, does this mean that anyone that does share service is breaking the law? Probably not, Eric Waltmire has a nice post explaining the differences illegal and breach of contract.

See the list below for exact language per ISP and link to TOS/AUP where applicable.

• SpeakEasy Netshare WiFi
  

  Speakeasy has been an outspoken supporter of Wireless technology and services for quite some time and has one of the most progressive wireless sharing policies in the business. Wireless networking and publicly shared wireless networks present exciting new opportunities to share information and connectivity resources with one another – we encourage you to explore it! Speakeasy believes that shared wireless networks are in keeping with our core values of disseminating knowledge, access to information and fostering community, provided this usage does not have an adverse impact on the services of other customers, does not involve any illegal activity and is not otherwise in violation of any aspect of our existing Terms Of Service. Please remember that the Speakeasy account-holder is responsible for all activity originating from their DSL line, even if it is the result of other users on a shared wireless connection.

• America Online (all U.S. AOL brand accounts) Broadband content only. Not applicable.
• Comcast (cable broadband)
  

  resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (i.e. wi-fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. The Service is for personal and non-commercial use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a non-Comcast local area network or wide area network;

• SBC/Yahoo (AT&T)
  

  You agree not to permit anyone else to use your Member Account and that each Sub Account may only be used by one member of your household or business. You agree that the Service is not to be used to host peer-to-peer applications that you are not actively using. You agree that the Service is not to be used to trunk or facilitate public internet access (“Hotspots”) or any other Public Use of the Service, except for FreedomLink.

• Road Runner (cable broadband)
  

  I agree that the Services I have requested are residential Services, offered for reasonable personal, non-commercial use only. I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:

• Verizon (FiOS and DSL)
  

  3.7 If you subscribe to Broadband Service:

  3.7.1 You may not resell the Broadband Service, use it for high volume purposes, or engage in similar activities that constitute resale (commercial or non-commercial), as determined solely by Verizon.

  3.7.2 You may connect multiple computers/devices within a single home to your Broadband modem and/or router to access the Service, but only through a single Broadband account and a single IP address obtained from Verizon.

• EarthLink
  

  The following constitute violations of this AUP:

  Reselling the services. Reselling the Services without EarthLink’s authorization.

• BellSouth
  

  Unless otherwise specified in the BellSouth Internet Service subscriber’s pricing plan agreement, sharing of accounts and/or connections on unlimited usage plans with anyone other than immediate family members in the same dwelling is strictly prohibited. Reselling Service without express written consent from BellSouth, or offering any information service using such accounts, such as running an e-mail server, Web server, FTP server, or proxy server is prohibited. Subscribers may not provide public or commercial information over such connections. BellSouth does offer BellSouth Internet for Business services for such purposes. Untimely payment of any and all amounts due may result in account cancellation.

• United Online Dial-up only. Not applicable.
  

  Internet Access
  United Online features the NetZero, Juno and BlueLight Internet brands of Internet access. Each brand offers highly reliable value-priced services on a monthly subscription basis. These brands offer consumers the choice of accelerated dial-up Internet access, standard dial-up and free dial-up service. All three brands of service offer consumers easy-to-use services that have been fortified with powerful spam, security and email virus protection. These services are available in over 8,200 cities nationwide.

• Charter
  

  The Service is designed for personal and family use within a single household. Customer agrees that only the Customer and co-residents living in the same household will use the Service. The term ‘single household’ means the Customer’s home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. The Service is being provided solely for use in Customer’s household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves Charter of any affirmative obligations it may have, and is in violation of this Policy. Customer is responsible for any misuse of the Service that occurs through Customer’s account whether by a member of Customer’s household or an authorized or unauthorized third-party.

• Qwest
  

  You may not use Wifi Hotspot in violation of the Agreement or in a way that circumvents Qwest’s ability to provide Service to another customer (e.g. you cannot use a WiFi hotspot to provide Service outside your single home or office location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a Wifi hotspot.

• Cox
  

  Commercial Use. The Service is designed for personal, non-business related use of the Internet and may not be used for commercial purposes. You may not resell or otherwise charge others to use the residential Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, IP address translation or similar facilities intended to provide additional access. Cox Business Services offers commercial Internet services.

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