There is another recent case of a person getting in hot water for using freely available wireless Internet. We reported on similar cases in the past.

This time it is in the little town of Sparta, Michigan. Each day, around lunch time, Sam Peterson would drive to the Union Street Cafe, park his car, and browse the Internet from the convenience of his car and without entering the coffee shop. His daily routine became suspicious to Police Chief Andrew Milanowski who approached him and asked what he was doing. Peterson, not realizing that his response may get him in trouble, admitted that he was using the coffee shop’s Internet access.

Milanowski didn’t immediately cite or arrest Peterson because he wasn’t certain that a crime had been committed. However, after doing some research, he found out that under Michigan’s “Fraudulent access to computers, computer systems, and computer networks” law, Peterson’s conduct is a felony punishable by five years in prison and a $10,000 fine.

The prosecution of Peterson under the Michigan law, originally enacted in 1979 and modified in 2000 to cover wireless networks, is the first time that such conduct has been charged, according to Kent County Assistant Prosecutor Lynn Hopkins.

The good news for Peterson is that he won’t be going to prison for freeloading. Because he has no prior record, Peterson will have to pay a $400 fine, do 40 hours of community service and enroll in the county’s diversion program.