[LINK] google misdeeds and Australia's Privacy Commissioner

[Gordon Keith]

On Tue, 22 Jun 2010 03:59:26 pm Richard Chirgwin wrote:
> > The way a packet-sniffer works is to turn off the MAC address check. 
> > All packets received by the WiFi radio are kept in the system, then 
> > saved to disk.
> 
> Ignoring whether or not there was a "corporate intent" on Google's part 
> to do the wrong thing, Errata Security is assuming that it's okay to use 
> a sniffer on somebody else's network, without their permission. I agree 
> with its assessment of the behaviour of the technology, but would 
> maintain that sniffers need permission from network owners, and probably 
> always have done.

But surely they aren't using the sniffer on somebody's network, they are using 
it on a radio frequency. Anyone who has a license to listen on that radio 
frequency is licensed to sniff that frequency. 

The network owner has a NON exclusive right to use the frequency. The sniffer 
has no way of determining a priori what networks are on the frequency being 
sniffed, that's the main purpose of the sniffing in the first place.

Regards
Gordon