cwright@bdosyd.com.au wrote:
"sniffing the air" is legal
Well actually, if this is sniffing as in intentially capturing an electronic transmission, than this is illegal and also criminal.
Sniffing the air could mean two different things though. I am not a
lawyer, and if you want a legal opinion, hire a duly licensed attorney.
It could mean "firing up your network card and seeing which network
access points it lists." This seems to me to be unlikely to be illegal
in any sane jurisdiction simply because it is an essential part of using
the device for its intended and lawful purpose.
It could also mean "capturing packets sent over the airwaves intended
for other devices" and this may or may not be illegal (some time ago,
there was a ruling that one could legally eavesdrop on cordless phone
conversations of neighbors-- don't know if that has changed by now but
this would seem to be a good analogy). I would think that there is a
good chance this may vary by jurisdiction.
So, define "sniffing the air."
Best Wishes,
Chris Travers
Interecption + telcomunications - permission = criminal act
this is true in the US, CA, UK, AU etc
So actually even capturing packets is illegal, proof is difficult though.
Regards
Craig
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