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Date: Tue, 09 Sep 2014 20:40:55 +0200
From: uname -a <sec.list@....net>
To: fulldisclosure@...lists.org
Subject: Re: [FD] Public WiFi Pcaps

I guess it depends where you live.
In some countries this can be highly illegal.
I like your example with the radiostation!
But if the feds wanna srew you, they gonna do it this or another way.

And yes google lose the fight. No one aware, that any smartphone does
such things? DB's full of wifi's and where they are. Get sended from the
phone to a lot of unknown people. The Data get used to make a better
position track. And perhaps for a lot other things.

Perhaps you can get a special permission? But where to ask for?

Cheers!

Am 08.09.2014 um 18:37 schrieb Bryan Bickford:
> Greetings,
> 
> I am starting some wifi research and had questions about the legality of
> listening to unencrypted, public wifi data and publishing subsequent
> research.
> 
> From what I understand, the wiretap act prohibits listening to
> communications that were not configured to be readily accessible to the
> general public. Specifically:
> 
> ...permits "any person" to intercept an electronic communication made
> through a system "that is configured so that . . . [the] communication is
> readily accessible to the general public."
> 
> 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/
> 
> From a technical viewpoint, you are just reading unencrypted radio waves. I
> see no technical reason that it's any different than listening to an FM
> radio station.
> 
> Anyone else have more insight/experience?
> 
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