While I don't know the answer to your direct question, I do remember that wireless phones (hands free, in-house sets as opposed to cellular) can be captured. The rationale was that broadcasting unencrypted information from within one's house does not include an expectation of privacy.
Further, the information being transmitted did not pass into possession of the telephone company until after it entered the hardline. Therefore, due to the lack of expectation of privacy, listening to and recording these calls was not a violation of the first amendment (nor did it imply an action involving a third party - the telephone company).
However, I'm not aware of how this would translate into non-voice related communications. Also, my information is dated (1994 era) and may have been specific to California's law enforcement. Further, I doubt if the FBI is still acting within the same levels of "restraint" since the passage of recent laws.
Tony
Anthony Brock
Unix Administrator/Network Engineer
Oregon University System
Chancellor's Office
(541) 737-9607
Anthony_Brock@private
>>> Crispin Cowan <crispin@private> 10/14/03 08:07PM >>>
A friend posed this question, and I have no idea what the answer might be:
If I'm running an open, non-encrypted wireless network, what is (say) the
FBI allowed to intercept in an effort to gain evidence? Do they need a
warrant? Is the data admissible? What if I live in an apartment with
other folks. What about when I'm using a t-mobile hotspot?
Same questions, but this time, I'm running an encrypted network? Can they
capture the data and crack the key? Can they capture it for later use after
they sieze my equipment and get my key?
No, I'm not under surveillance I'm giving a presentation and I know I'm
going to get asked these questions.
Any lawmen out there know the actual answer?
Thanks,
Crispin
--
Crispin Cowan, Ph.D. http://immunix.com/~crispin/
Chief Scientist, Immunix http://immunix.com
http://www.immunix.com/shop/
This archive was generated by hypermail 2b30 : Wed Oct 15 2003 - 10:01:31 PDT