Re: CRIME Wiretapping WiFi

From: Duane Nickull (duane@private)
Date: Wed Oct 15 2003 - 11:05:49 PDT

  • Next message: Duane Nickull: "Re: CRIME Wiretapping WiFi" 

    



  


I feel it is also important to make a disctinction on the use of information
gained via wire tapping (or its' electronic equivalent).
    

    
If the items are to be used within a court in order to prosecute someone
within the confines of American legal parameters, then yes - a court order
for the tap will probably be necessary unless probable cause can be established.
 Not doing so may provide the dfense with a legal way of blocking such infromation.
    

    
If, however, the information is being used for purposes of tracking ( terrorists
| hackers | spammers | virus writers | other mean people ) who may not be
prosecuted on american soil, under the rights granted to American citizens
by the constitution, then I cannot forsee why anyone would go to the hassle
of getting authorization for a wiretap, especially when the eveidence provided
to support the acquisition of such rights, may expose secure information
that could cause further harm to american interests.  If reasons had to be
cited, it could lead to individuals who are working undercover being conprimised
or hackers to learn about the methodologies of how agencies are tracking
them.
    

    
This thread is starting to sound like a "B" movie.  Maybe we can sell the
plot to hollywood and all retire.  ;-)
    

    
D
    

    
Curd, Bill (AZ75) wrote:
    

    
  
    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

  
    

    

    

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