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On Apr 28, 2007, at 10:15 AM, Richard M. Smith wrote:
See:
http://www.floridalawfirm.com/privacy.html
Sec. 2511. Interception and disclosure of wire, oral, or
electronic communications prohibited
http://www.latimes.com/business/la-fi-
consumer22apr22,0,4976397,print.story?
coll=la-home-headlines
Public Wi-Fi may turn your life into an open notebook
Don't assume wireless hot spots are secure. 'Sniffers' may be hacking
nearby.
ECPA doesn't apply. It's obvious that Cheung didn't "hack into" the
network, as judged from the piece. He sniffed a wide-open WLAN -- a
communications system "readily accessible to the general public".
That's specifically included as an affirmative defense under ECPA:
(g) It shall not be unlawful under this chapter or chapter 121
of this title for any person -
(i) to intercept or access an electronic
communication made through an electronic communication system
that is configured so that such electronic communication is
readily accessible to the general public;
[...]
(16) "readily accessible to the general public" means, with
respect to a radio communication, that such communication is
not--
(A) scrambled or encrypted:
(B) transmitted using modulation techniques whose
essential parameters have been withheld from the public with the
intention of preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary
to a radio transmission;
(D) transmitted over a communication system provided by
a common carrier, unless the communication is a tone only paging
system communication;
(E) transmitted on frequencies allocated under part 25,
subpart D, E, or F of part 74, or part 94 of the Rules of the
Federal Communications Commission, unless, in the case of a
communication transmitted on a frequency allocated under part 74
that is not exclusively allocated to broadcast auxiliary
services, the communication is a two-way voice communication by
radio; or
(F) an electronic communication;
California law, which requires mutual consent, is tougher, but not by
enough to allow Cheung to be prosecuted; it also has a public
communications exception. You don't really think the paper would've
published this story if it would've subjected an individual
identified within to criminal prosecution, do you?
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