Warning to computer repair techs in Texas: you may
be breaking the law
According to an article in the Daily Texan (University of Texas at
Austin), the legislature passed a law last year that makes it
illegal for a computer repair shop to do any sort of analysis of a
customer's computer - something that's often necessary when
repairing problems - without obtaining a private investigator's
license. Say what? I suspect this is one of those cases where the
end result of the legislative process was far different from the
original intent of the law. Meanwhile, it's been challenged as
unconstitutional.
Hey Guru, Did You Know…
Some states have criminal laws that prohibit accessing a computer or network without the owner’s permission. For example; in Texas, the statute is Penal Code section 33.02, Breach of Computer Security. It says, “A person commits an offense if the person knowingly accesses a computer, computer network or computer system without the effective consent of the owner.” The penalty grade ranges from misdemeanor to first degree felony (which is the same grade as murder), depending on whether the person obtains benefit, harms or defrauds someone, or alters, damages, or deletes files.
The wording of most such laws include or hint at connecting to a wireless network without explicit permission, even if the Wi-Fi network is unsecured. The inclusion of the culpable mental state of “knowing” as an element of the offense means that if your computer automatically connects to your neighbor’s wireless network instead of your own and you aren’t aware of it, you haven’t committed a crime. However, if you decide to hop onto the nearest unencrypted Wi-Fi network to surf the Internet, knowing full well that it doesn’t belong to you and no one has given you permission, you could be prosecuted under these laws.
A Michigan man was arrested for using a café’s Wi-Fi network from his car in 2007. Similar arrests have been made in Florida, Illinois, Washington, and Alaska.
Other states have laws making it a crime to possess a “criminal instrument” or the “tool of a crime.” Depending on the wording of the law, this can be construed to mean any device that is designed or adapted for use in the commission of an offense. This means you could be arrested and prosecuted, for example, for constructing a high gain wireless antenna for the purpose of tapping into someone else’s Wi-Fi network, even if you never did in fact access a network. Several years ago, a California sheriff’s deputy made the news when he declared “Pringles can antennas” illegal under such a statute.
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Tatalovich & Associates -
Security Experts
Nationwide expert witness professional firm.
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