Wireless Legality- Netstumbler and kin

[Russell Handorf <rhandorf () mail russells-world com>]

Hey all- question for ya'll that I haven't found any firm evidence with 
that raises a question of legality which concerns me greatly.

Of course all those in the wireless community (WLANs) know of a program 
called netstumbler, and also that it has the capability to map networks on 
a large scale (city wide and all). Well, is this not illegal pertaining to 
the Electronic Communications Privacy Act from 1986?

I can certainly understand that it is illegal for Joe Schmoe hacker to sit 
outside a WLAN and to circumvent any protective measures taken by the 
administrator (defaults include MAC Address and the infamously poor WEP), 
however is it illegal for Joe Schmoe hacker to sit outside and use the WLAN 
of a company that doesn't have ANY protective measures set in place?

According to the ECPA, it's illegal to intercept any/all wireless signals 
that are not intended for you, so would the people who are involved with 
these wireless mapping projects criminals or does this Act not apply in 
this situation at all?

Russ
==================================
Russell Handorf
oooo, shiney ::Wanders after it::

www.russells-world.com
www.philly2600.net

"Computer games don't affect kids; I mean if Pac-Man affected us as kids, 
we'd all be running around in darkened rooms, munching magic pills and 
listening to repetitive electronic music."

Kristian Wilson
Nintendo Inc. 1989
==================================