Comment Re:Private Info? (Score 1) 269
It doesn't matter if the user secured their WiFi or not. They have a reasonable expectation that their data will be private.
If I stand in my front yard and shout into a megaphone, is it "reasonable" for me to believe that my words are private? Does it make a difference if I don't know what a megaphone is?
Obviously, in the above example, heat signatures detected in infrared are not "in plain view", just as WiFi signals, encrypted or not, are not "in plain view". If technology happens to make it easier to go to the local store and buy equipement to detect such, it still doesn't change the basic premise of "in plain view".
The difference is, nobody intentionally "broadcasts" their heat signature or has any choice in the matter. On the other hand, a wireless router's entire function is to broadcast a signal with the explicit intention that other devices out there will receive it. It's the entire nature of the product. Furthermore, all routers provide a variety of options for controlling connections as well as the nature of the broadcast. You can turn off the SSID advertising. You can enable MAC filters. You can turn on encryption. If a user is ignorant of the fact that a wireless router is a radio, well, maybe that should become a bit more informed before diving into new (to them) technology. What do they think makes it wireless in the first place? (And, yes, as politically incorrect as it may be, I firmly believe people should be responsible for their own actions.)
If a person did not undertake reasonable efforts to conceal something from a casual observer (as opposed to a snoop), then no subjective expectation of privacy is assumed.
If you operate a wifi router without employing any of its encryption/filtering options, then you "did not undertake reasonable efforts to conceal something from a casual observer". Anyone coming within range of your radio broadcast with pretty much any laptop/netbook made today can "casually" observe your broadcast.
If you happened to find an open WiFi hotspot in your neighborhood, you broke into it, and committed a crime, do you think the judge would show leniency on you because the WiFi hotspot was open?
First, if it's an open wifi, then you didn't break into it. If you got a connection to it, it's because they advertised the connection as available and accepted you. If you then used the connection to commit a crime, that crime is what will concern the judge, NOT the connection you used.
Additionally, there are numerous people that intentionally leave their wifi open explicitly because they want to let their neighbors use it without needing to ask first. So, it would be completely reasonable to assume an open connection was just that. You know, OPEN.
This story would be different if Google had parked themselves in neighborhoods, capturing large streams of data and maybe going as far as breaking encryption, then I could completely understand and agree with the "outrage". But in this case, it seems all they did was capture openly broadcast packets in order to record the MAC address (i.e., the hardware address) to use as another data point for geolocation use. Apparently, the software they used by default kept all of the information gathered, which included the payload data (fragments of whatever traffic existed as the car drove by).
When they realized it, they could have simply deleted the data and likely nobody would have ever known the difference. This wasn't some nefarious plot that was discovered and revealed by someone outside of Google. This was Google outing themselves and leaving it up the individual governments to decide if they should destroy it, or what.
Google did nothing truly wrong. Most of this case is about massive numbers of people, some in government, sadly ignorant of technology they are using, running around screaming, "The sky is falling, the sky is falling!"