Re: Wireless Legality- Netstumbler and kin

From: Richard Masoner (richardmasonerat_private)
Date: Fri Mar 15 2002 - 11:47:10 PST

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    --- Russell Handorf <rhandorfat_private-world.com>
    wrote:
    
    > According to the ECPA, it's illegal to intercept
    > any/all wireless signals 
    > that are not intended for you,
    
    The ECPA includes a long list of exclusions:
    
    "(g) It shall not be unlawful under this chapter or
    chapter 121 of this title for any person to
    (i)intercept or access an electronic communication
    made through an electronic communication system that
    is configured so that such electronic communication is
    readily accessible to the general public...."
    
    IOW, it appears the onus is on the WiFi provider to
    tighten his system, even if it's only minimally.  I
    can see, however, an attorney arguing that using
    netstumbler and a Pringle-can Yagi would be special
    equipment beyond that which is "readily accessible to
    the general public."
    
    IANAL and the other usual disclaimers apply.  It is
    difficult finding clueful discussion on the Net
    regarding this question.  AFAIK, the application of
    the EPCA to WiFi and war-driving is untested.
    
    Richard Masoner
    
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