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Comment Re:Google shouldn't worry (Score 1) 418

And yet if I throw a letter in the trash, and a private investigator picks it up off the street after it falls out, he's done nothing wrong. I made to conscious effort to make it public. I thought it was still private. I should have realised that I needed to shred the letter first. The PI still does nothing wrong by reading the letter - I discarded it, so I wasn't controlling it effectively, so he can take it.

Comment Re:Google shouldn't worry (Score 1) 418

Explain that to a novice user who doesn't understand encryption/WEP/WAP/anything. You keep ignoring this point. You have a burden of proof here. You need to demonstrate that a person with no understanding of tech stuff, *does not expect privacy* when setting up a WiFi router with default (hence unsecured) settings.

I'm not saying they don't expect privacy. They probably do. I'm saying they shouldn't expect privacy, because the technology doesn't provide it. There's a gap between reality and what most people believe, and the law shouldn't be making that gap worse - it should be making the reality clearer. If you expect privacy, turn on encryption. If you don't understand it, do what I do when I need something I don't understand fixed (like my car's brakes). Pay someone.

Comment Re:Google shouldn't worry (Score 1) 418

Actually, at least in Germany, it does not matter if you are a company or a private person: If you take a photo, record audio or video, and you record other people in the process, you have to first ask them, or you are committing a crime. (Yes, this includes the creepy guy.)

People keep saying that, but when I search the web (yes, I used Google) the sites all say that, in Germany, I'm perfectly allowed to take photos of people in public, I'm just not allowed to publish them without getting consent. I haven't found anything specific about video.

So if I have the drapes open and am jacking off in my living room, then when you “catch” me, you’re the pervert (peeping tom), and I can sue you for invading my privacy.

I would expect that you would be violating public decency laws. I know that, where I live, it's illegal to perform a sex act (including a solo one) where you can be easily seen from a public place. If I go onto your private property to see you though, or if I use a telephoto lens to see something I couldn't otherwise see from public property, then I'm invading your privacy.

Lots of people where I live have this silly idea that you can't be photographed in public, even if the photo won't be published, as well. It sounds like it's a common misconception in Germany. I have heard that France has laws preventing you from photographing people in public, but perhaps that's as much an urban myth as the German ban is.

Comment Re:Google shouldn't worry (Score 1) 418

Common decency, but not illegal to neglect to. It's common decency to cover my mouth when I yawn too, but half the people I pass on the street in the mornings don't bother.

I've recorded one or two conversations in the past without telling the other party, but only when they were already being far from decent to me (the guy was trying to extort money out of me, and I needed proof to get the cops to arrest the guy). It was nice to be able to defend myself without becoming, technically, a criminal myself. For the record, the cops arrested the guy.

Comment Re:That personal traffic was encrypted anyway.Righ (Score 2, Interesting) 418

They didn't slurp up all the data that went over them. They grabbed one or two frames from each network, to get the SSID. They just didn't filter the rest of the packet out at the time, so they may have stored some incidental, unencrypted, and publicly broadcast traffic as well. If you had encryption turned on, they respected your apparent desire for privacy and didn't even store the SSID.

Comment Re:So, your laws are universal? (Score 1) 418

Yes, it's probably against the law in most jusridictions to steal cars. Hover, other laws differ from country to country and in the US, where you obviously reside, they differ from state to state, even.

I don't live in the US. And I think it's probably against the law in ALL jurisdictions to steal cars.

Example? Sit onto a bench in central park and drink a beer? Busted! This is perfectly legal in most of Europe. Another example? Drink a beer at the tender age of 17? In most of the US a crime in most of Europe wine and beer can be consumed from 16 up. In Switzerland a 17 year old boy can screw a 15 year old girl (or vice versa) without falling afoul against the law. Something, I would guess, gets you stamped as a felon and a sex offender agains kids for the rest of your life in most states

So, the point you're trying to make is "different places have different laws"? You could just have said "different places have different laws", I don't think anyone would doubt you. Do go on.

There's a whole damn library about privacy legislation throughout the EU.

Those binding directives must be implemented into law in all of the EU countries. You can add Iceland, Norway and Switzerland to the mix. This partially translates to criminal offenses if violated and yes - systematically storing and processing personally identifiable data without permission, reason and safeguards may be a crime depending on circumstances.

So you're saying ... what Google did might be a crime, but might not? Depending on whether it's in that "whole damn library" (hint: one or two network frames is extraordinarily unlikely to contain enough information to "uniquely identify a natural person") and whether they met just the right circumstances? I can accept that too.

You may claim that this is stupid. I for one however rather sip a beer, sitting on a park bench on a sunny day then have my private data (including phone, financial and medical data) splattered around the world and sold to every sleazy marketoid that pays for it.

Your priorities may differ, of course.

I didn't claim any of what you described was stupid. Well, maybe the bit where you think it's only against the law to steal cars in most jurisdictions. And I'm pretty sure none of phone, financial, or medical data came up. I'm not sure what phone, financial, or medical data would be doing unencrypted on someone's open WAP. I know most phone, financial, and medical sites I use which have my details use SSL, so even if I had an open WAP and Google was driving past at just the right time, they wouldn't have got any of it.

What I claimed was stupid was the idea that Google should be in trouble for collecting publicly broadcast data for the purposes of mapping out public AP locations.

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