Re: Wireless Legality- Netstumbler and kin

[Richard Masoner <richardmasoner () yahoo com>]

--- Russell Handorf <rhandorf () mail russells-world com>
wrote:

> According to the ECPA, it's illegal to intercept
> any/all wireless signals 
> that are not intended for you,

The ECPA includes a long list of exclusions:

"(g) It shall not be unlawful under this chapter or
chapter 121 of this title for any person to
(i)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...."

IOW, it appears the onus is on the WiFi provider to
tighten his system, even if it's only minimally.  I
can see, however, an attorney arguing that using
netstumbler and a Pringle-can Yagi would be special
equipment beyond that which is "readily accessible to
the general public."

IANAL and the other usual disclaimers apply.  It is
difficult finding clueful discussion on the Net
regarding this question.  AFAIK, the application of
the EPCA to WiFi and war-driving is untested.

Richard Masoner

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