RE: CRIME Wiretapping WiFi

From: George Heuston (GeorgeH@private)
Date: Wed Oct 15 2003 - 10:17:48 PDT

  • Next message: Curd, Bill (AZ75): "RE: CRIME Wiretapping WiFi"

    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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