Netstumbling and US Law

[Kim Allen]

> Tony Wasson wrote:
> > 
> > > CISSP Wannabe asks: As I read the Electronic Communications Privacy Act
> > > of 1986, the intentional reception, recording, decoding, and decryption
> > > of wired and wireless electronic systems is illegal.  Therefore, typing
> > > snoop, tcpdump, or ethereal on a system (for purposes other than
> > > troubleshooting) is illegal.  Furthermore, it would appear that
> > > netstumbling and wardriving is also illegal.
> > 
> > I have heard Netstumbling defended as 'mapping local frequencies in use'. If
> > you are deploying your own wireless network, you'd want to make sure you do
> > not interfere with existing networks.
> > 
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> 
> Setting up a receiver and getting a signal means find a different
> frequency.  Staying on that frequency and evesdropping is another
> matter.  That's a pretty weak defense - the last time I set up a
> wireless network, I was not driving around with a GPS mapping out all
> the WiFi networks.  I think it fails the "reasonable person" test.
> 
> George
> 

Actually receiving signals is not illegal. However disclosing them to 3rd 
party or using them for personal profit or in some cases listening 
to them may be illegal. Such as listening to the conents of cell phone 
conversations or owning a wrecker comapny and going to scenes of 
accidents you hear on a police scanner when you are not called out can 
be considered illegal. This is based upon my understanding of several 
laws covering radio communications in the United States (and unfortunately 
I do not know the specific ones off of the top of my head). But recieving 
signals that are being radiated without the intent to decrypt or use for 
your own use (such as gaining access to that network) would not be. Even 
if you are plotting them. This can be consider something akin to a "fox 
hunt" that hams engage in. I know it is not the same thing but still 
pretty close.