Piggybacking on someone else's wireless internet connection can
be an offence under the Communications Act.
Scotland Yard said that when questioned the man said that he was
using the unsecured wireless internet connection of a nearby house.
He was arrested and bailed until 11th October.
The case was passed on to the Computer Crime Unit (CCU). "This
arrest should act as a warning to anyone who thinks it is
acceptable to illegally use other people's broadband connections,"
said Detective Constable Mark Roberts of the CCU. "Computer users
need to be aware that this is unlawful and police will investigate
any violation we become aware of."
The 39-year-old man could be charged under the Communications
Act for dishonestly obtaining communications services. The Act
says: "A person who (a) dishonestly obtains an electronic
communications service, and (b) does so with intent to avoid
payment of a charge applicable to the provision of that service, is
guilty of an offence."
The CCU said that the man could also be charged under the
Computer Misuse Act, though Struan Robertson, a technology lawyer
with Pinsent Masons, said it is not clear how that law could be
used to charge the man.
"The Computer Misuse Act is probably not relevant if someone is
only taking advantage of an unsecured wireless network," he said.
"A prosecutor would have to convince a court that a wireless router
is itself a computer under that Act. It is far easier to justify a
charge under the Communications Act for Wi-Fi leeching."
The Computer Misuse Act states that a person is guilty of an
offence if "he causes a computer to perform any function with
intent to secure access to any program or data held in any
computer".
Many people leave their wireless networks unsecured, but to use
that connection without permission is an offence. Two people were
arrested earlier this year in Worcestershire in unrelated incidents
for using wireless connections. Neither was charged.
There has only been one UK conviction for using wireless
networks without permission. In 2005 Gregory Staszkiewicz was fined
£500 and sentenced to 12 months' conditional discharge in London's
Isleworth Crown Court.
Police have in the past advised users to consult with their
internet service provider on how to secure their wireless internet
networks.
