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/
This archive was generated by hypermail 2b30 : Wed Oct 15 2003 - 11:08:52 PDT