From: ebk_lists@hotmail.com
Date: Sat May 19 2007 - 09:47:57 EDT
Here is an interesting post:
http://cfp2004.org/blogs/wardriving/archives/000056.html
Makes for some good reading. This is definitely a gray area of the law. Which makes it hard to find concrete examples of what is legal and what is not. I'm of the opinion that passively listening to the air is not illegal. I equate it to listening to CB (civilian band) radio conversations. If they don't want us to "hear" these conversations, then they need to use encryption. The law comes in when you try to overcome any encryption they may be using, if you actually connect to and use the network (theft of service), and where you are when you are listening (potential trespassing). Active tools like netstumbler may also be pushing the limits.
If just listening were a crime, we'd all be going to jail when we do wireless audits, because there is no way we can limit the traffic we pick up to only the networks we own or have permission for. It is just the way wireless works.
One last thought: what you _do_ with any data you receive may or may not land you in jail as well.
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