May I use my neighbor's Wi-Fi without asking permission?

Question

My neighbor has never set up password protection on his wireless router. If I wanted, I could wirelessly connect to his high-speed Internet service.

May I use his Internet service without asking him for permission? Or is this considered stealing?

Answer 1

There are essentially two issues here:

1. Am I somehow stealing from the owner (by taking away bandwidth)? Does the fact that the owner left it open mean he/she agrees to me using it?
2. Am I somehow stealing from the ISP (or perhaps causing the owner to violate his/her TOS agreement with the ISP)?

In each of these 2 problems we have yet another split:

1. What does Judaism say about the case (in terms of Halacha)?
2. What does the government say about the case (and do we say Dina D'malchusa Dina applies)?

I'm not a Rav, but here are some articles on the web discussing this:

On Torah.org - (see question: Is there a problem with utilizing a neighbor’s Wi-Fi (wireless network) without his express permission?)

On YUTorah.org - (see section: Piggybacking on a Wi-Fi Connection starting on page 25)

Lecture on Chabad.info - (video)

[to be updated with more links as I find them]

As you can see the question is far from simple, and there are many variables to discuss. Additionally this question is also relatively new with regards to secular law, and has yet to be fully analyzed and discussed (there is very little case law available).

Also: this is the type of question who's answer may change over time.

And as always, CYLOR.

Answer 2

There are several issues:

1. If the person is paying by data used, he is losing through your download, so you are a damager and it would be forbidden
2. Just because the person left it open doesn't mean he doesn't mind other people using it, he might just not know how to lock it.
3. If there is a clause in his contract to the ISP not to let others use his connection, you are making him violate his terms of service, which is damage.
4. If you slow down his connection, you damage him, which would be forbidden.
5. If all of the above do not count, then the question would be if it is a din of "ze nehene vze lo chaser" (I gain and you don't lose) which could be permitted. In general, there are two ways a person could be nehene vze lo chaser. One is walking through someone else's unplanted field, which is permitted. The second is using someone else's (unused) room in his house (like in squatting) which is forbidden. The second case is forbidden because one cannot be forced to let another into his domain. By Wifi, the leecher doesn't physically affect the leechee, therefore, one should be able to leech.

Source: I can't copy the link to the shiur itself, but on google the video is entitled "770 live" - "Rabbi Broin - Shiur - Is it permissible to use someone else Wi-Fi without permission"

Answer 3

It is illegal in many areas even if the case law on it is not well established. See this article for some discussions of cases in various states: Is It Legal to Use Open Access Wi-Fi Internet Connections? (There's even a case of someone having been arrested.)

You may want to brush up on the local laws to see if you have an issue of Dina D'malchuta (Halachic affirmation of state laws regarding money matters)

In my experience, as someone who has helped lots of people secure their wi-fi network, an open network is usually only open because the owner does not know how to secure it. On the other hand, most are only secured because we all fear the worst case possible for abuse of the connection and not because we're "makpid" (concerned) for the guy who just wants to check email.

If we don't have state law concerns, then the question is can you think of it, L'havdil, as someone borrowing a private talit that the rabbis tell us can be assumed to be available for the use of someone in need of a talit without their explicit permission - unless we know the person to be particular in this area. While wi-fi access may have no relation on enabling someone to do a mitzvah, for those who leave it open intentionally it would be the same idea.

I think there is a distinction to be made between irregular use such as a quick e-mail check while you're on the road at a fortuitously found spot vs establishing your neighbor's open wifi access as your unofficial free ISP without their knowledge. In the former case people are more likely not to be "makpid" and perhaps happy to help the traveler as 21st century form of hospitality, but no one likes a free-loader.

However, to be on the safe side, there are various networks of people who have explicitly granted that permission. See: http://www.whisher.com/ as an example (not endorsing the cservice just found them through a googling) There are also other sites where someone an register their open-invitation hotspot.

Answer 4

I have heard that for every additional computer connected to a wireless network, it gets slower. If this is the case, it probably would be stealing because you are making the owners computer slower.

Answer 5

I've known of people who used wifi without asking, with the justification that "if the owner minded, he would put a password". Later the owner found out and was annoyed about the fact that their internet had been slowed by trespassers.

On the other hand, if you're sure the owner isn't using it at the same time as you, perhaps it would be OK, since you're not affecting them in any way, and are not actually taking anything physical from them.

Answer 6

My brother has the Kuntres Internet be-Halachah (written by Rabbi David Lichtenstein).

In conclusion, the section about using Wi-Fi without permission, he brings sources (based off Mordechai and Rama) that as long as your neighbor isn't using the Wifi it would be mutar (permissible) to use it.

Answer 7

In the second perek of the gemoro in bava kama the question is raised about someone who occupies an empty house without the owners knowledge, if he has to pay rent. This is a house which is usually not rented and this person had access to other lodgings in the town. The gemoro calls it then no loss and no gain and he does not have to pay. The question arises when there is either a loss meaning not an actual one but in a case where he usually rents it out, and charges for it, or this person had no other lodgings and would have had to pay elsewhere so he has a gain. The basic rule is that in Jewish law there is nothing for nothing. If one profits from someone else one has to pay for it even though money was never 'talked' about in advance. If someone suggests a shidduch or suggests a property for you, since this is something, one usually pays for he has to be paid. In our case this person definitely has a gain from the wifi. So it depends, is this called a hypothetical loss. I maintain that it is unlike a house where he doesnt pay a monthly rent, (if he did he definitely would not allow it to be vacant) and sometimes leaves it vacant and therefore its not considered a loss, our case where he does pay some type of monthly or yearly figure, even though he may not be using it all the time, it is similar to paying per minute, and that constitutes a loss. One must remember that even in a case where he usually leaves it vacant he can always tell the man to leave or pay. The whole question is only if he does not know about it at the time. So my point is that even though there are no other issues involved and he may be allowed to use it, he would have to pay for it, even though it may be a very minimal charge.