My understanding from a prosecutor in the Arizona AG's office is that the
2.4 GHz WiFi is not private because of the ISM frequency band used which is
inherently public by FCC allocation.
-----Original Message-----
From: Anthony Brock [mailto:anthony_brock@private]
Sent: Wednesday, October 15, 2003 9:10 AM
To: crime@private; crispin@private
Subject: Re: CRIME Wiretapping WiFi
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/
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