Chapter 1: Learning to WarDrive/The Legality of WarDriving

The Legality of WarDriving

According to the FBI, it is not illegal to scan access points, but once a theft of service, denial of service, or theft of information occurs, then it becomes a federal violation through 18USC 1030 (www.usdoj.gov/criminal/cybercrime/_1030_new.html). While this is good, general information, any questions about the legality of a specific act in the United States should be posed directly to either the local FBI field office, a cyber crime attorney, or the U.S. Attorney’s office. This information only applies to the United States. WarDrivers are encouraged to investigate the local laws where they live to ensure that they aren’t inadvertently violating the law. Understanding the distinction between “scanning” or identifying wireless access points and actually using the access point is understanding the difference between WarDriving, a legal activity, and theft, an obviously illegal activity.