Unauthorised use of unprotected WLAN networks could be decriminalised
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The current law making logging onto an unprotected wireless online network without the owner’s permission a punishable offence could soon be amended or abolished.
Officials at the Ministry of Justice have come to the conclusion that the current criminalisation of the unauthorised use of wireless networks is problematic in many respects.
The easiest solution would be simply to lift the ban on the use of other people’s networks, because the owner can easily limit access by requiring a password.
An appeals court has handed down one sentence for unauthorised use of a wireless network by applying a law that is nearly 20 years old. In 1990, when the law was passed, ordinary citizens did not have access to wireless networks.
The use of another person’s unprotected wireless network could be harmful mainly in situations in which so much data is transferred over the connection that it affects the band width. The connection can slow down if someone tries to download an entire movie, but reading ordinary e-mail or surfing the web are not enough.
If an outsider uses the connection for illegal activities, such as hacking a forbidden website, the owner of the network could be implicated in the crime. However, such suspicions can easily be proven wrong by examining the data log files.
According to a Ministry of Justice memo, there are so many open wireless networks in so many places that it is sometimes difficult for a user to know if the network is intended for open use. Computers also sometimes automatically connect with the closest open network.
Alternatives to complete decriminalisation would be a more precise definition of “unauthorised use”, or the limitation of punishments to a situation in which the use would cause “significant” harm to the owner of the network.
However, the ministry feels that it would be most convenient to simply add a clause to the criminal code noting that the use of an unprotected network is not considered unauthorised use.
A Ministry of Justice memo has been sent out for comments, but the ministry has not yet decided on the need for legislative change.
Helsingin Sanomat
