Full Disclosure mailing list archives
Re: Public WiFi Pcaps
From: Wesley Spikes <wesley.spikes () gmail com>
Date: Tue, 9 Sep 2014 16:03:32 -0700
On Mon, Sep 8, 2014 at 9:37 AM, Bryan Bickford <bryan () unhwildhats com> 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/
Current thread:
- Public WiFi Pcaps Bryan Bickford (Sep 09)
- Re: Public WiFi Pcaps Eric Rand (Sep 09)
- Re: Public WiFi Pcaps uname -a (Sep 09)
- Re: Public WiFi Pcaps Wesley Spikes (Sep 10)