[LINK] google misdeeds and Australia's Privacy Commissioner

[Stephen Wilson]

All these niceties and technicalities about wireless networking and 
telecomms are simply besides the point.  Craig Sanders for one implores 
people to understand how wifi works.  Symmetrically, I implore people to 
understand what information privacy law says (even if some find it 
counterintuitive or affronting).

Businesses are not allowed to collect personally identifiable 
information without a good reason and without consent.  Now that we know 
Google was collecting payload data and not just address data, it is 
reasonable to assume that what they collected included personal 
information, that is, any information about someone where their identity 
is apparent.   The Privacy Act for the most part doesn't care where 
personal information is collected from.  So it doesn't matter -- for the 
purposes of the Privacy Act -- that wifi transmissions are in the public 
domain.  In fact, the terms "public" and "private" don't figure much at 
all in the Privacy Act.

Cheers,

Steve Wilson

Lockstep Group

www.lockstep.com.au <http://www.lockstep.com.au>
Lockstep Consulting provides independent specialist advice and analysis
on digital identity and privacy.  Lockstep Technologies develops unique
new smart ID solutions that enhance privacy and prevent identity theft.




Gordon Keith wrote:
> 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
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