Slashdot reports that someone was criminally charged for wardriving.

The slashdot article mentions § 342.1 Unauthorized use of computer, of the Criminal Code. I think § 326 Theft of telecommunication service, is what will be used here. Although the wording of 342.1 is general enough to apply to any telecommunication system offered through a computer system, like the WiFi router in this case.

It feels weird to see something like casual wardriving be criminalized (yes, there was nothing causal about the reason of the wardriving in this case, but § 326 does not take that into account). I agree with this in principle, but it is still something I’ve been known to do myself from time to time…

The fact that this is a theft of service prevents the owner of the open access point from being charged as an accomplice to the other charges against the wardriver though. This might or might not be a good thing depending on your point of view on computer security and personal and social liability.