To the script kiddies out there who read this: Do not try this on others wifi. It is a crime in the USA to crack network routers. Although the chance of you getting caught is low, better be safe than sorry.
> It's not illegal to receive signals on an unlicensed band with stock equipment
But my neighbors would still be pretty miffed, and would likely have legal recourse, if I passively captured their EM emissions in the 390-700nm band through their bedroom windows at night on a regular basis.
>You're not hacking into anything, simply observing.
Technical distinctions don't always map onto legal distinctions. Even if you're eventually acquitted, how much do you want to pay yourself per hours to explain this to a judge?
Technically using iodine to tunnel via DNS on captive portals is also illegal (I think .. although I'm not sure if anyone has been prosecuted for this .. IANAL)
IANAL, but from reading for a little bit, it seems to vary and states have their own laws.
There's some discussion on Wikipedia here[2] of unauthorized piggybacking (which does not even require hacking the network), with a few examples of actual instances.
In St. Petersburg, 2005, Benjamin Smith III was arrested and charged with "unauthorized access to a computer network", a third-degree felony in the state of Florida, after using a resident's wireless network from a car parked outside.
A third-degree felony in Florida seems to be up to 5 years. In some states it is up to 10 years. Another person got "a fine of $250 and one year of court supervision".
If it's unauthorized access to the computer of a government or financial institution (or "which is used in or affecting interstate or foreign commerce or communication", which can be interpreted very broadly), then the Computer Fraud and Abuse Act would apply[2]. From reading about the sections regarding "trespassing", punishment can be a fine and 1-5 years imprisonment (first offense), or up to 10 years (repeated offense).
