When earlier this year a wardriver was arrested for using an unprotected network, everybody thought a precedent would be set. About 6 months later (yes, the Belgian justice system is fast like that), he was convicted but he does not have to serve time (about 1 year).
How did he get caught ? A passer-by found it suspicious that someone was using his laptop from a car and called the cops.
The whole case leaves me with some questions :
How did the cops make sure he wasn't using a 3G card for internet connectivity ?
How did they confiscate and forensically investigated his laptop to prove that he had been using that specific network? Did they actually do that ?
How did they forensically investigate the router/WAP to prove that he had been connected to that specific network? Did they actually do that ?
If not, I don't think they can have a legal case. If the case wasn't build with forensic evidence and just on testimony by 'the neighbour', the network owner (residential network) and/or the wardriver, I do get a little concerned.
Unfortunately I don't have access to legal cases ... I would love to go through those details ...
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