Breaking in to an encrypted router and using the Wi-Fi connection is not an criminal offence, a Dutch court ruled. Wi-Fi hackers can not be prosecuted for breaching router security.
A court in The Hague ruled earlier this month that it is legal to break Wi-Fi security to use the internet connection. The court also decided that piggybacking on open Wi-Fi networks in bars and hotels can not be prosecuted. In many countries both actions are illegal and often can be fined.
The ruling is linked to a case of a student who threatened to shoot down everyone at the Maerlant College in The Hague, a high school. He posted a threat on the internet message board 4chan.org using a Wi-Fi connection that he broke into. The student was convicted for posting the message and sentenced to 20 hours of community service, but he was acquitted of the Wi-Fi hacking charges.
The Judge reasoned that the student didn't gain access to the computer connected to the router, but only used the routers internet connection. Under Dutch law breaking in to a computer is forbidden.
A computer in The Netherlands is defined as a machine that is used for three things: the storage, processing and transmission of data. A router can therefore not be described as a computer because it is only used to transfer or process data and not for storing bits and bytes. Hacking a device that is no computer by law is not illegal, and can not be prosecuted, the court concluded.
If a secure Wi-Fi connection is hacked or an open network is used for Wi-Fi leeching, the action could be tried under civil law, said criminal lawyer Mathieu van Linde of Blokzijl Advocaten. The ruling led to some controversy in The Netherlands.
Van Linde found the verdict "remarkable". He reckoned that most people from The Netherlands assume hacking a Wi-Fi network is illegal. He also added that the law used by the court in this case was formed in the early nineties, and could be outdated, since it was not intended to cover Wi-Fi networks.
The Dutch attorney general decided to appeal the verdict. Within two years the case will be reviewed by the High Court of The Netherlands that will decide if a router can be defined as a computer under Dutch law.
Hacking or even 'piggybacking' on an open Wi-Fi connection is illegal in a wide variety of nations. In some states of the US, unauthorised access of a network is an criminal offence, in other states piggybacking can be fined. Wi-Fi leechers in the UK can be fined or arrested, depending on the intentions of the leecher.
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