ST Dec 20, 2006
Wi-Fi thief pleads guilty
17-year-old piggybacked on neighbour's network
By Chua Hian Hou
THE 17-year-old youth charged with illegally 'mooching' on a home
wireless network admitted the offence yesterday - and promised not
to do it again.
Taking him up on that, District Judge Bala Reddy asked Garyl Tan
Jia Luo, who left Republic Polytechnic about two months ago, if he
was willing to enlist for national service early as a way to stay
out of mischief.
Tan agreed, after which Judge Reddy called for a pre-sentence
report.
This report may lead to probation for Tan, which would spare him
from having a criminal record. Historically, the courts have never
offered probation to people convicted of computer-crime
cases.
News of Tan's case first broke last month when The Straits Times
reported that he had become the first person here to be charged
with accessing an unsecured wireless network.
This practice has been dubbed 'wireless mooching'.
Tan, neatly dressed in a white polo shirt, was in the community
court yesterday.
He pleaded guilty to the activity, an offence under the Computer
Misuse Act.
According to Deputy Public Prosecutor Toh Shin Hao's presentation
to the court, Tan had been feeling bored one night seven months ago
and badly wanted to surf the Internet.
But his mother had locked up his modem to stop him from spending
too much time online.
So, the tech-savvy youth took his notebook computer outside his
Casuarina Walk home, to find an unsecured wireless network on which
he could mooch.
His computer located one such network nearby and he was spotted
surfing by a neighbour who was driving past.
Suspicious of what Tan, sitting by the roadside at 3am, was doing
with his computer, the neighbour confronted him.
This culminated in an argument, after which the neighbour called
the police.
Tan's lawyer, Mr Sam Koh, said the young man was 'deeply
remorseful' over his 'foolish and immature' actions.
He also asked for a minimum fine for Tan, which Judge Reddy turned
down, asking if Mr Koh really wanted Tan to have a criminal record
at such a young age.
If Tan were fined, he would have a criminal record.
That was when Judge Reddy asked Tan about the enlistment
possibility.
Judge Reddy had - when sentencing a 21-year-old to jail for
illegally distributing MP3 music files earlier this year - noted
that probation was an unsuitable punishment in computer crime
cases, as it left defendants at a loose end, which could lead to
them re-offending.
By calling for this report, it appears that Judge Reddy is
considering probation for Tan, coupled with an early enlistment to
make sure he does not re-offend.
Speaking to reporters later, Mr Koh said he had asked for a fine
for Tan on his family's instructions.
Tan could have faced penalties of up to three years' jail and a
$10,000 fine.
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