Legal Question in Technology Law in Missouri

Re: Wireless networks

If the computer is used in interstate commerce, for example, to buy or sell on E-bay, and you access the computer (as opposed to just the wireless connection), you could conceivably be violating the Computer Fraud and Abuse Act.

You are probably committing an electronic trespass, and you may be committing a theft of services. If someone wanted to report and/or prosecute you, however, I suspect they'd face an uphill fight since most prosecutors are unlikely to understand the issues.

If a provider sets up a wireless sytem and fails to secure access to it, you could certainly argue that they meant to create a free wireless access point, and that you were merely using a service that is provided free, much the way you don't have to pay for a drink from a water fountain in the mall even though the mall pays the water bill.

It is always a good idea to ask permission before using a wireless node if you know the owner of the node. This removes all doubt.

I would add that if you have a wireless and it is unsecured, and someone uses it to, for example, threaten the president, you could be in some big-time trouble until someone figured it out.

Hope this helps.