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Date: Tue, 9 Sep 2014 16:03:32 -0700
From: Wesley Spikes <wesley.spikes@...il.com>
To: Bryan Bickford <bryan@...wildhats.com>
Cc: fulldisclosure@...lists.org
Subject: Re: [FD] Public WiFi Pcaps

On Mon, Sep 8, 2014 at 9:37 AM, Bryan Bickford <bryan@...wildhats.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

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