Wardriving for wireless LANs 2

[Quentin Campbell]

> -----Original Message-----
> From: Roland Perry [mailto:roland@linx.net]
> Sent: 30 May 2002 11:49
> To: ukcrypto@chiark.greenend.org.uk
> Subject: Re: Wardriving for wireless LANs 2
>=20
>=20
> In message
> <BB3AF5C4A607FE4E969AA39CB42B6C7B7797@bond.campus.ncl.ac.uk>,
> Quentin Campbell <Q.G.Campbell@newcastle.ac.uk> writes
> >IANAL but it seems that a so called "war drive" without the
> appropriate
> >licence would in most cases be an offence under S5 of the Wireless
> >Telegraphy Act 1949.
>=20
> If that's all about unauthorised reception [sorry, don't have
> Act to hand] then how does that square with the beacon=20
> broadcasts that are being picked up being an intentional=20
> aspect of the WaveLAN specification?

Roland

That is an interesting question and I would like to be able to answer it
but I cannot. I raised the issue of the WT Act because I have related
questions which I would like answered, one of which I touch on in the
commentary below (to do with Amateur Radio Licences).=20

If anyone can help clarify the implications of the WT Act and subsequent
regulations I would welcome it.

The Wireless Telegraphy Act 1949 is still the main Act although there
have been two ammending Acts since then; one in 1967 (information as to
sale and hire of television sets) and 1998 (spectrum pricing and
promotion of efficient spectrum use). As the 1949 Act is not available
on the HMSO.GOV.UK web site I have included some relevant extracts and
commentary below for those interested.

Quentin
---
PHONE: +44 191 222 8209    Computing Service, University of Newcastle
FAX:   +44 191 222 8765    Newcastle upon Tyne, United Kingdom, NE1 7RU.
------------------------------------------------------------------------
"Any opinion expressed above is mine. The University can get its own."=20


----- cut here
Neither the Wireless Telegraphy Act 1949 nor 1967 nor 1998 explains what
we _are_ authorised to receive by means of "wireless telegraphy
apparatus". Note that the expression "wireless telegraphy" is
interpreted by Section 19 of the 1949 Act to mean both reception and
transmission; references to PMG are now replaced by "Secretary of
State".

Section 1 of the 1949 Act says "No person shall establish or use any
station for wireless telegraphy or instal or use any apparatus for
wireless telegraphy except under the authority of a licence in that
behalf granted by the Postmaster General, and ... shall be guilty of an
offence under this Act: Provided that the PMG may by regulation exempt
from the provisions of this subsection ...".

Section 5 (see below *) makes unauthorised interception and disclosure
an offence.

Note that Section 1 allows the Secretary of State by regulation to
exempt certain uses of wireless telegraphy apparatus.=20

Since you no longer need a "radio licence" in the UK to listen to radio
(as opposed to TV) broadcasts it may be that there is a regulation that
allows the unlicenced reception of radio communications services (and
their disclosure?) intended for general reception.

However the regulations that give effect to the Amateur Radio Licence
(A) or (A/B) or (B) muddy the waters in regard to the ability to receive
services. These regulations tightly prescribe the bands that the
licencee can _receive_ as well as transmit on. Yet short wave listeners
in the UK may listen to transmissions in these bands and others without
a licence, apparently.=20

These regulations make two explicit exceptions to the restrictions on
the licencee to receive outside of the bands set out in the Schedule.
The first is to allow the licencee to use the Station for the reception
of transmissions in the "Standard Frequency Service"; the second is to
allow "cross-band operation" where the licensee is authorised to receive
from an overseas amateur operator a message on a frequency band not
specified in the schedule as long as the licencee transmits only in a
band specified in the Schedule.

=20


(*) Section 5 "Any person who - (a) by means of wireless telegraphy,
sends ...; or (b) otherwise than under the authority of the Postmaster
General or in the course of his duty as a servant of the Crown either -
(i) uses any wireless telegraphy apparatus with intent to obtain
information as to the content, sender or addressee of any message
(whether sent by means of wireless telegraphy or not) which neither the
person using the apparatus nor any person on whose behalf he is acting
is authorised by the PMG to receive; or (ii) ... discloses any
information as to the contents, sender or addressee of any such message,
being information which would not have come to his knowledge but for the
use of wireless telegraphy appartaus by him or by another person, shall
be guilty of an offence under this Act".