First off....I'm no lawyer sooo.... Cordless phones are illegal to intercept under the 1994 amendment to the Electronic COmmunications Privacy Act (Digital Telephony Act/Communications Assistance to Law Enforcement). WLAN's are a grey area. They transmit in unlicensed spectrum to interception should be no different than intercepting FRS radios. However, decrypting any transmission you are not authorized for is illegal under (I think) the 1994 amendment to the ECPA/DTA/CALEA (but it's definitely illegal). Then there are a myriad of laws forbidding the unauthorized interception of data traffic. I would be willing to bet there is nothing specifically written regarding WLAN's so the FBI theoretically could try to intercept unencrypted data. The FBI isn't stupid so they are most likely going to get a warrant and cover the bases(otherwise they'll have to do battle in court). If it's encrypted, they are going to need some judical ammunition. "Anthony Brock" <anthony_brock@private> wrote: > 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/ > > > > >
This archive was generated by hypermail 2b30 : Wed Oct 15 2003 - 14:16:56 PDT