Re: CRIME Wiretapping WiFi

From: Marcus (marcus.beaman@private)
Date: Wed Oct 15 2003 - 11:57:13 PDT

  • Next message: Todd Ellner: "CRIME From today's "Counterpane" - Funny"

    Check out the Electronic Communications Privacy Act (ECPA), Pen
    Registers and Trap and Trace Devices, and the Fraud and False Statements
    statutes.  As far as the ECPA, your provider cannot provide
    communications records or confirm activities of a subscriber or upstream
    provider per ECPA, 2702(a)(3) "a provider.shall not knowingly divulge a
    record or other information pertaining to a subscriber.to any
    governmental entity".  There are some provider exceptions that allow
    voluntary disclose of communication records, communications content  and
    customer records.  Examples would be if the case involved an emergency
    with the possibility of immediate danger, death, or physical injury to
    anyone, if the customer's activity was affecting the rendering of its
    ISP's service, or if you had consented as in a written agreement [ecpa,
    2702(c)].  Should your ISP be presented with a warrant, court order,
    administrative subpoena, or trial subpoena it would be required to
    divulge the communications records, content, and customer records [ecpa,
    2703(c)].  My guess is to do any pen registers or trap and trace devices
    government entities need a warrant or court order, but they may not have
    to tell you about it and if they go to your provider the ISP by law
    cannot notify you :)  The patriot act and homeland security act make
    some modifications to the statutes.
    http://www.cybercrime.gov/cclaws.html has some good information
    pertaining to the law, specifically check these out:
    
    http://www.cybercrime.gov/ECPA2701_2712.htm
    http://www.cybercrime.gov/pentrap3121_3127.htm
    http://www.cybercrime.gov/1030NEW.htm
    
    -Marcus
    ----------------------------------------------
    Marcus Beaman
    State of Oregon, DAS/IRMD/ENS
    Data Network Operations Analyst
    Hotline 503-378-3627
    ---------------------------------------------- 
    > 
    > 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.
    >   
    



    This archive was generated by hypermail 2b30 : Wed Oct 15 2003 - 12:59:31 PDT