Legal Question in Technology Law in Illinois

Re: wireless networks

I believe it falls within the definition of "computer tampering" which is a Class 4 felony.

20 ILCS 5/16D-3

Sec. 16D-3. Computer Tampering.

(a) A person commits the offense of computer tampering when he knowingly and without the authorization of a computer's owner, as defined in Section 15-2 of this Code ... :

(1) Accesses or causes to be accessed a computer or any part thereof, a computer network, or a program or data;

(2) Accesses or causes to be accessed a computer or any part thereof, a computer network, or a program or data, and obtains data or services; ...

In the definitions, "services" includes but is not limited to computer time, data manipulation or storage functions.

Even though bandwidth is not specifically enumerated as a service, I believe that the statute would be construed to include obtaining internet access.

In 2006, it was widely reported in the press that an Illinois man was fined $250 and given one year of court supervision after being discovered sitting in his parked car accessing a not-for-profit organization's unprotected wireless access point.

David Staub, business attorney