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People seem to be confusing wardriving with hacking, when in fact it is neither. Wardriving is basically driving around to find signals that report they are open. That's right, these networks are already being broadcasted out. Wardriving is similar to walking down the neighehborhood looking for people who have wooden signs in their front yard that says "I HAVE A NETWORK" and then jotting down which house has what according to their sign. Wireless networks and WAP's operate in the exact same fashion. By continually boradcasting their network information they are putting a sign up. Wardriving is looking for signs, not breaking into, taking advantage of, nor any such nonsense.
People may also confuse wardriving with cracking, and thus call it illegal. No, even under Texas law (stated on an bove post) where it is illegal to attempt to gain service, it is not illegal to *discover* a service. By attempting to gain access to that network )ie. logging in) the law is broken, but not by just knocking on the door (in which case, those who wardrive already know we just filter the packets they are already sending out, we don't send any back). And no, the excuse "knocking on a door only leads to one thing" is also nonsense because you can not preassume everyone is a script kiddie that cracks everything they come across. I repeat. Wardriving is not illegal because it is watching, looking, and knocking on doors, never trying to gain access. Hell, wardriiving works (repeated) because they are already sending out the "do you want to join? this is my network name!" packets, with the programs we run merely sniffing the air. Once finding a network through wardriving and then trying to access by logging in, then you are attempting to have a service, which is illegal.