On Mon, Sep 8, 2014 at 9:37 AM, Bryan Bickford <[email protected]> wrote:
> I am starting some wifi research and had questions about the legality of > listening to unencrypted, public wifi data and publishing subsequent > research. > It goes without saying, but I'm going to say it anyways -- you would do well talking to a lawyer before starting your data collection. I have seen debates about whether an unencrypted access point (e.g. > starbucks) qualifies under this exception. Is there any concrete legal > precedent that defines this either way? > > The only one I can think of is the google street view case, and they lost. > http://epic.org/privacy/streetview/ IANAL, but in the linked article, they linked a decision from the Ninth Circuit: http://cdn.ca9.uscourts.gov/datastore/general/2013/12/27/11-17483_opinion122713.pdf It's been a while since I've read this decision throughly, so I'll just refer to the summary of judgement on the second page: > In the amended opinion, > the panel held that data transmitted over a Wi-Fi network is > not a “radio communication” exempt from the Wiretap Act > under 18 U.S.C. § 2511(2)(g)(i) as an “electronic > communication” that is “readily accessible to the general > public.” Now, as I understand it, this is technically only legally binding to the states to which the Ninth Circuit holds jurisdiction. However, from what I've seen, a court will often look to other courts opinions where possible. Buyer beware? -Spikes _______________________________________________ Sent through the Full Disclosure mailing list http://nmap.org/mailman/listinfo/fulldisclosure Web Archives & RSS: http://seclists.org/fulldisclosure/
