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Thread: Legal implications

  1. #1
    Just burned his ISO
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    Default Legal implications

    I've asked about 40 people this question in the real world, and no one has yet been able to answer it.

    Does anyone know of a specific statute which makes wireless sniffing illegal? I need to know the exact statute... not some vague reference ... so unless you have a specific reference, please don't respond to this post.

    Thanks...

  2. #2
    Senior Member Thorn's Avatar
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    Quote Originally Posted by caligula9999 View Post
    I've asked about 40 people this question in the real world, and no one has yet been able to answer it.

    Does anyone know of a specific statute which makes wireless sniffing illegal? I need to know the exact statute... not some vague reference ... so unless you have a specific reference, please don't respond to this post.

    Thanks...
    In the US, there are Federal statutes and 50 state statutes which cover this subject. To find what you are looking for, search your state's statutes, or you can look at USC TITLE 18 PART I CHAPTER 47 § 1030 which covers quite a lot within the US.

    Two things to keep in mind:

    1) Statutes do NOT care about the medium. They tend to use language like "network", but do not specify things such as whether the network is wire, wireless, or string.

    2) Unless you have had legal training in reading statutes, the statute(s) cited may not make a lot of sense.

    A final note: If you can't find something specific for your state, I'll be happy to help you find a given statute. However, I'm not about to argue words and the lack of mention of medium with in that statute. I have had training in reading statutes and know how the legal system works, but if you don't like my interpretation, feel free to hire a lawyer within you jurisdiction.
    Thorn
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  3. #3
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    In Oklahoma the computer code is written so vaguely that using somebody's calculator without permission is a felony. All wireless sniffing falls under exceeding level of authorization (ie - you have none, and you were listening in) or attempting to access information to which you are not authorized. Sound like the same thing, but they are two entirely different applications.

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    Senior Member streaker69's Avatar
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    Quote Originally Posted by Mexicant View Post
    In Oklahoma the computer code is written so vaguely that using somebody's calculator without permission is a felony. All wireless sniffing falls under exceeding level of authorization (ie - you have none, and you were listening in) or attempting to access information to which you are not authorized. Sound like the same thing, but they are two entirely different applications.
    Yeah? So?

    Sounds like typical Wire Tapping laws. If you're in the middle listening to the conversation without explicit permission from the parties involved then you're breaking the law. I can see how it would apply to wireless sniffing.
    A third party security audit is the IT equivalent of a colonoscopy. It's long, intrusive, very uncomfortable, and when it's done, you'll have seen things you really didn't want to see, and you'll never forget that you've had one.

  5. #5
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    In the UK the specific statue is the Regulation of Investigatory Powers Act 2000 as amended etc. However as Thorn has already pointed out you do need to know how to interpret the language of the statue.
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