The thing that is troubling about this story is that this guy did what a lot of us do on a regular basis, use someone’s free wifi (in a business) without actually patronizing the business
A Michigan man who used a coffee shop’s unsecured Wi-Fi to check his e-mail from his car could have faced up to five years in prison, according to local TV station WOOD. But it seems few in the village of Sparta, Mich., were aware that using an unsecured Wi-Fi connection without the owner’s permission–a practice known as piggybacking–was a felony.
According to Volohk, the Michigan law has a particularly unique approach that sets it apart from most other states and may in fact be unconstitutional.
And finally, the access was not unauthorized or in excess of authorization because the coffee shop intentionally made the wi-fi available to anyone. What’s the rule — no hopping on wifi from a coffee shop unless you enter the shop? Unless you actually buy something? What if you’re outside waiting for a friend to join you for a latte, but you haven’t gone in yet? Where do such rules come from, and what notice does a defendant have before being held criminally liable? I’ve written before about how unauthorized access statutes threaten to punish an incredible amount of conduct online, and this seems like the latest evidence in support of the point.