Wardriving with the intent to connect to found networks and use the bandwidth is illegal. However, in the purest form of wardriving where Netstumbler simply logs the presence of a signal that is being publicly broadcasted and makes no attempt to connect to the device is in my opinion legal. It's like tuning in a radio station.
I did some checking on those laws that were posted and if you did connect to the network then those laws would apply but if Netstumbler doesn't 'connect' however as I remember reading in a wardriving website you'll be hardpressed to convince a court otherwise. Which is why the author said that if you going to wardrive then remove all networking software from your computer, I.E. TCI/IP etc that way windows can't connect to the network.
Obviously, this topic can be argued either way with valid points from both sides of the fence.
Let's put the legality issue to rest. It's just going to incite a flamwar.
As for the Alamaison's thoughts I'd like to add the following. Stealing a penny from a bank is still stealing a penny. Is the bank going to sue you? That's to be debated. If you drive 1 mph/kph over the speed limit it's illegal. If you're filling your gas tank and drip gas on the ground you've committed a crime. If you eat a couple grapes before you've paid for them you've committed a crime. If you photocopy certain published material without the author's permission you've comitted a crime.
If you make a copy of you're friend's CD you've committed a crime.
If re-use a stamp you've committed a crime.
If you throw a penny in the trash or mutilate it you've committed a crime.
Etc, etc, etc.
If you drop trash into someone's else's bin that's still wrong. Actually, you could be arrested for trespassing, littering and probably some other's since the trash bin is private property. It's actually illegal here in NY to REMOVE trash from someone's trash bin without their permission! It's private property.
With a smart enough lawyer everything is illegal with a smarter lawyer everything is legal.
|You rolls the dice, you takes your chances.
Thank you for your time, Good Night.