Judge to Google: sniffing even open WiFi networks may be wiretapping

[DainBramaged]

When a homeowner runs an open, unencrypted wireless network and Google sniffs the packets from that network, has wiretapping taken place? Or did the openness of the network remove the user's reasonable expectation of privacy?

Google's Street View project has enmeshed the company in litigation around the world, most notably over the company's data collection from WiFi networks its camera cars passed while doing their work. (Google has claimed that this was a mistake.) In the US, a host of class-action lawsuits over the practice have been consolidated into a single case, and the California federal judge overseeing it has just refused Google's motion to completely dismiss the case. Sniffing even open WiFi packets might indeed be wiretapping, he ruled.

The case remains at a preliminary stage, but the ruling grapples with an interesting question: the extent to which one can access an open WiFi network without falling afoul of the Wiretap Act. Judge James Ware drew a distinction in yesterday's ruling between merely accessing an open WiFi network and actually sniffing the individual packets on that network.

In the first case, one is only jumping onto a network to send and receive's one own communications; in the second case, one is looking into someone else's communications, and doing so in a way that requires nontrivial technical ability or software.

http://arstechnica.com/tech-policy/news/2011/06/judge-tells-google-sniffing-even-open-wifi-networks-may-be-wiretapping.ars

[trumad]

1. Kind of agree

but if you leave yourself open, it is really your fault.

[RUMMYisFROSTED]

2. What kind of idiot doesn't secure their w/f?

Entrapment?

:tinfoilhat:

[RUMMYisFROSTED]

3. Note: "Secure" should be parenthetical.

:think:

[Occulus]

6. I ran across that exact situation a while back.

an iDevice needed wifi, and wouldn't- simply refused- to accept an encrypted connection. This was with a wireless card running an ad-hoc connection, though, so maybe there was a difference there. But WEP, WPA2- forget it. It simply would not connect.

I don't like using wireless connections for my main data line for this exact reason. You literally can drive around town and sniff information out of the air.

[chrisa]

10. lol my professor told us that he and a group of students used to go on "sniffing" runs

That is, doing what a criminal would do - drive around trying to find unsecured Wi-Fi. You would be surprised how many people don't secure their Wi-Fi.

[rhett o rick]

14. What can you get from sniffing? nm

[chrisa]

15. No idea. I forget why he did it.

He said there was something you could get. Maybe just stealing their internet. Was a couple of years ago.

[DJ13]

4. Or did the openness of the network remove the user's reasonable expectation of privacy?

If you leave the front door open to your house its still theft if someone takes your stuff.

[Lance_Boyle]

5. packet sniffing is not 'taking' any 'stuff'

The better analogy would be leaving doors and windows open and claiming that someone merely looking in from the public space outside was infringing your privacy.

[cui bono]

9. Better yet... like someone listening in to your cordless phone calls.

One can reasonably expect people can see into your windows, it's obvious. But even though it's known that it is possible for someone to intercept your phone call, it's pretty reasonable for people not to think it's happening.

[Xithras]

11. Packet sniffing is more like listening to someones CB radio conversation.

You're broadcasting an open and unencrypted signal across unregulated, unlicensed public radio spectrum. Those are public airwaves.

If you want your conversation to be private, ENCRYPT IT.

It's like getting mad at your nosey neighbors for listening in on an argument with your spouse. Is it rude for them to listen in? Sure it is. But when you're shouting at the top of your lungs in the living room with your doors and windows wide open, who is REALLY at fault for breaching your privacy?

[rhett o rick]

16. How much information can be grabbed when you drive by? nm

[rhett o rick]

17. Please would someone define "packet sniffing"? nm

[guruoo]

7. With wifi, you're transmitting your "front door" onto other people's property. nt

[jberryhill]

8. Or... operating a radio transmission device and expecting it to be private

Even if it is FCC part 15, you are using regulated public airwaves.

[DainBramaged]

12. And that is it in a nutshell

Too too many people don't understand ENCRYPTION, and also because they forget the keys or passphrase, in their frustration, make their systems open.


Don't blame the individual, blame Google for yet again taking advantage of the public.

[GeorgeGist]

13. I'm not an expert ...

but it smells like shit to me.