"One dramatic case involved a Canadian man named Walter Nowakowski, who was apparently the first person to be charged in Canada with theft of communications (Canadian Criminal Code Section S.342.1) for accessing the Internet through someone's unsecured Wi-Fi network. Thousands of Canadian “war drivers” do this every day, so why was he singled out? Because of ancillary actions and intent. He was allegedly caught driving the wrong way on a one-way street, naked from the waist down, with laptop in hand, while downloading child pornography through the aforementioned unsecured wireless access point. The police apparently considered his activity egregious enough that they brainstormed for relevant charges and tacked on theft of communications to the many child pornography-related charges.
Similarly, charges involving port scanning are usually reserved for the most egregious cases. Even when paranoid administrators notify the police that they have been scanned, prosecution (or any further action) is exceedingly rare. The fact that a 911 emergency service was involved is likely what motivated prosecutors in the Moulton case. Your author scanned millions of Internet hosts while writing this book and received fewer than ten complaints."
"Nmap Network Scanning" (Gordon “Fyodor” Lyon)
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