“A couple years ago, we were disappointed to see a judge take the technologically wrong stance that data transmitted over WiFi is not a ‘radio communication,’ thereby making sniffing of unencrypted WiFi signals potentially a form of wiretapping. Indeed, based on that, the court eventually ruled that Google’s infamous WiFi sniffing could be a violation of wiretap laws. This is wrong on so many levels… and tragically, an appeals court has now upheld the lower court’s ruling. There are serious problems with this. Under no reasonable view is WiFi not a radio communication first of all. That’s exactly what it is.”
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