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2011 CDP 87 (2011)
Sanctioning Illegal Access to a Wireless Network and Unauthorized Use of the Internet Service

handle is hein.journals/crimlwr2011 and id is 257 raw text is: Sanctionarea accesului neautorizat la o retea wireless
si utilizarea fa-rA drept a serviciului de Internet
George ZLATI
Sanctioning illegal Access to a Wireless Network and
unauthorized Use of the Internet Service
[ ABSTRACT
The context of technological development has determined the author to consider
necessary an analysis on the provisions regarding cyber crimes (Law no. 16112003) and
on those towards the theft of use included in the New Criminal Code, as well as their
impact on the matter of wireless router access and of Internet service usage.
First, the notion of computer system was duly analyzed, in order to find out whether
or not it includes the notion of router. Starting from this discussion, the author provides
a criticalperspective on the definition of computer system within national law, insisting
over the vague nature of the term. Further, through interpretation, a new meaning was
given to the r notion of access to a computer system (the author arguing the fact that the
current interpretation of the notion may be roughly criticized), standing for thepoint of
view that the use of wireless network (or of Internet service) actually represents a proper
access to the wireless router.
Theproblem of the unauthorized access has been a subject of discussion as well. The
author criticizes the existing definition, which is considered too wide and ambiguous
regarding a possible implied consent with reference to the authorization of use of an
unsecured wireless router. On the matter of the use of Internet service, the author is
providing an analysis of de lege lata and de legeferenda, starting from the actual concept
of theft, according to which the unauthorized use is not capable of engaging the criminal
liability within the notion of theft.
Likewise, the paper takes into consideration the offences stipulated by the Law no.
16112003, being argued that these offences are not susceptible of sanctioning directly or
indirectly the unauthorized use of the Internet service through the accessing of a wireless
network. However, it is argued that this sanction can be deduced from the regulation of
the theft ofuse within the New Criminal Code, afinal analysis that tries to label the router
as a communication terminal.
J KEYWORDS: computersystem, cyber crime, unauthorized access, wireless router,
internet service, theft of use, communication terminal

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