Other LEO's/Lawyers please fee free to jump in here, but I'm not aware of any court cases directly addressing interception of open WAPs. I think there have been rulings on cordless phones--that the signals from them may be susceptible to warrantless interception. However, with a cordless phone there's an automatic technical limitation: only the voice conversations are there to be intercepted. With a WAP, not only the data 'in transit' is exposed, but potentially the whole system that sent it is as well. I would think that some courts may hold that even though the WAP is open, there remains a reasonable expectation of privacy (REOP) on the part of the WAP participants with respect to their own systems; and therefore, any data sought from the systems (that wasn't 'in transit') would require a search warrant. Just to close, and to round out my 2 cents then: there is likely no REOP for interception of the in-transit data seized on the WAP, and now warrant would therefore be needed. If the data is at rest, however, REOP applies and a warrant would be required. Bottom line in this instance, I would definitely go for a warrant if possible in any case. The issue of co-tenancy in the apartment will likely not be a speed bump, because only probable cause need be established that a crime is/has been committed at that location--it does not necessarily turn on who committed it. That's for follow-on investigation to determine. Same for any mobile locations. Geo -----Original Message----- From: owner-crime@private [mailto:owner-crime@private] On Behalf Of Crispin Cowan Sent: Tuesday, October 14, 2003 8:07 PM To: crime@private Subject: CRIME Wiretapping WiFi 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/
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