Penetration Testing mailing list archives
Re: Legality of WEP Cracking
From: "Justin Ferguson" <jnferguson () gmail com>
Date: Sat, 19 May 2007 16:54:13 -0400
I'm not sure where the opinion that sniffing wifi isn't illegal, I know the popular opinion by law enforcement is that is indeed illegal and covered by laws dealing with the interception of wired communications. I'm not positive about the case law, but my understanding was that interception of communications of any kind (wired or wireless) is generally prohibited under a handful of laws, most specifically the Federal Wire and Electronic Communications Interception Act. There are some exceptions, most notably if you're a carrier (carrier is defined broad enough that I believe it would include your home wifi router), or the intended recipient of the communication. I feel (and may be incorrect, IANAL) that in both, the wording that defines 'electronic communication' is not only broad enough, but specifically lists wifi (as a result of it being part of a radio system), that almost all internet traffic potentially affects interstate/international commerce, and that if its encrypted then the users definitely have a reasonable expectation of privacy (regardless of how unrealistic it may be), and therefore illegal under 18 USC 2511. Even more, I think most almost any judge would rule that the spirit of the various laws would cover wireless communication even if they felt that it had not been specifically included, although my reading of the various laws leads me to the be of the opinion that they do specifically include wireless communication. So while IANAL, if my reading is correct, cracking a WEP key is a moot point because obtaining it without being an intended recipient/owner would be illegal. Seriously, don't ask the pen-test mailing list, consult a lawyer or read the laws yourself, you're a fool otherwise (and may inadvertently do something illegal with potentially the best of intentions [ignorance of the law is not an excuse]). This is of course, just my opinion after reading the laws and may not be correct as the laws have actually played out. Relevant excerpts (although I encourage the interested reader to look it up themselves): 18 USC 2510: (4) "intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. [...] (12) "electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include— [...] 18 USC 2511: Except as otherwise specifically provided in this chapter any person who— (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; [...] shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). [...] (4) (a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both. ------------------------------------------------------------------------ This List Sponsored by: Cenzic Are you using SPI, Watchfire or WhiteHat? Consider getting clear vision with Cenzic See HOW Now with our 20/20 program! http://www.cenzic.com/c/2020 ------------------------------------------------------------------------
Current thread:
- RE: Legality of WEP Cracking, (continued)
- RE: Legality of WEP Cracking Richard Brinson (May 23)
- Re: Legality of WEP Cracking Nick Selby (May 27)
- Re: Legality of WEP Cracking Nicholas Chapel (May 23)
- RE: Legality of WEP Cracking Richard Brinson (May 23)
- Re: RE: Legality of WEP Cracking ebk_lists (May 18)
- RE: RE: Legality of WEP Cracking Erin Carroll (May 18)
- RE:Legality of WEP cracking scott (May 18)
- Re: Legality of WEP Cracking Matthew Webster (May 18)
- Re: Re: Legality of WEP Cracking cwright (May 18)
- Re: Legality of WEP Cracking Chris Travers (May 19)
- Re: Legality of WEP Cracking Bob Radvanovsky (May 19)
- Re: Legality of WEP Cracking Justin Ferguson (May 20)
- Re: Re: Legality of WEP Cracking Matthew Webster (May 19)
- Re: Re: Re: Legality of WEP Cracking ebk_lists (May 19)
- Re: Re: Re: Legality of WEP Cracking Justin Ferguson (May 20)
- Re: Legality of WEP Cracking cwright (May 20)
- Re: Legality of WEP Cracking Justin Ferguson (May 21)
- Re: Legality of WEP Cracking Larry Offley (May 21)
- Re: Legality of WEP Cracking Justin Ferguson (May 21)
- Re: Re: Legality of WEP Cracking ebk_lists (May 21)
- RE: Re: Legality of WEP Cracking John Babio (May 21)
- Re: RE: Re: Legality of WEP Cracking ebk_lists (May 22)
(Thread continues...)