, 2004-05-03
Before WiFi can entirely fulfill its promise, we'll have to confront an oppressive latticework of outdated criminal laws.
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Broadcasted information is not secret
2004-05-03
Anonymous (1 replies)
Anonymous (1 replies)
WiFi High Crimes
2004-05-03
Anonymous (2 replies)
Anonymous (2 replies)
Intercepting UnEncrypted Cordless Calls
2004-05-04
Mark Rasch (1 replies)
Mark Rasch (1 replies)

The legal definition and interpretation of access can vary, however, using a passive monitoring mode to capture identifying information about a network can constitute illegal access. People assume that because the wireless technology used "passively" capture data on a wireless network is described as passive the intent of the action is stripped away.
When you deliberately use a tool (even a passive one) to identify information that is not otherwise readily available then you are no longer "passive", but rather you are "active". This means that there is now a deliberate intent to capture information. If you do not have a legal right to access that information you have committed an illegal act.
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Link to this comment: http://www.securityfocus.com/comments/columns/237/26130#26130