Sanctionarea accesului neautorizat la o retea wireless si utilizarea fara drept a serviciului de Internet
Sanctioning illegal Access to a Wireless Network and unauthorized Use of the Internet Service

Summary/Abstract: The context of technological development has determined the author to consider necessary an analysis on the provisions regarding cyber crimes (Law no. 161/2003) 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 critical perspective 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 the point of view that the use of wireless network (or of Internet service) actually represents a proper access to the wireless router. The problem 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 lege ferenda, 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. 161/2003, 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 of use within the New Criminal Code, a final analysis that tries to label the router as a communication terminal.

• Details
• Contents