Is wardriving for wireless LANs illegal under UK Law?
Kit Lane
kit.lane at rcahmw.org.uk
Thu, 23 May 2002 14:30:37 +0100
>
>Or there's 2(3) which says: "References in this Act to the interception
>of communications do not include references to the interception of any
>communication broadcast for general reception".
>
>But others would claim it to be like port-scanning - something you might
>only do if up to no good.
>
>And then you could argue that every Ethernet card on a LAN is receiving
>everyone else's traffic (but there's no well-known Netstumber equivalent
>telling you the results).
>
>However, an interesting question that does bear fuller investigation.
I seem to recall that intercepting some transmissions would be subject
to the 1949 Wireless Telegraphy Act. From what I recalled this included
things like air traffic control, etc. The way it was worded (and
someone with more skill in this area please correct me if I'm wrong)
suggested that it was fine to listen in *as long as you didn't discuss
the content* of the broadcast! Slightly odd legislation I'll agree -
but there again what else can you do when you have a broadcast that's
totally open and you'd preferably not have everyone hear it (ala Police
radios) but technically haven't really got any way of stopping them (due
to the availability of scanners).
This may be applicable - namely that if you did intercept the traffic,
as long as you told no one about the *content* (the quantity, source,
presumed destination, power levels, etc. etc. I don't remember being
covered) of the packets, you'd probably be fine. You may even be fine
as long as you do not write up the content of any one packet - for
example "x% were Windows Networks" or similar if you were after such
stats.
Hope something I said in there is helpful!
--
Kit Lane
IT Systems Administrator,
RCAHMW (01970) 621238