Legal Question in Criminal Law in Michigan

Unauthorized use

Ignoring whether or not anyone would chose to prosectute, we want to know what law is or might be broken when someone uses something you pay for without your permission. Specifically two examples: first,if you have a wireless internet connection in your home and your neighbor connects through it without your knowledge or consent. Since the service provider merely provides access, it doesn't care, and it costs you nothing when it happens, yet it seems like it ought to be illegal in some way. Similar in nature to driving through a community with a cordless telephone handset and making calls once it connects to a base unit inside someone's home. Second example to make it something concrete: what law would someone be breaking if they came into my yard and used my bicycle, then returned it, all without my consent. Again, it costs me nothing and he did not ''steal'' the bike since it was returned. Thank you.


Asked on 10/18/06, 4:23 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Unauthorized use

In regard to the "theft of internet services" question, after a quick look through some laws, MCL 750.219a may apply (Using a Telecommunications Device to Avoid Payment). This has both misdemeanor and felony levels, depending on the commercial value of the service used. And, contrary to your message, the ISP might well see itself as a victim because it may be possible for both the legitimate and fraudulent internet users to access the service simultaneously, so there would be increased bandwidth use, which costs the ISP in the end.

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Answered on 10/19/06, 10:34 am


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