Google Wi-Fi data capture unethical, but not illegal
June 14, 2010 - 0:0
Google is under global scrutiny for its “accidental” gathering of wi-fi data while driving about photographing the world with its Street View camera cars. In the court of public opinion Google's actions cross ethical boundaries, but whether or not the activities were illegal depends on the laws in place for the given jurisdiction. Businesses in the United States should understand that the interception of publicly available data traversing the airwaves is probably not illegal.
Granted, “probably” is not a very legally precise term, but the reality is that publicly-available wireless networks fall into a legal gray area that isn't defined very well. Google didn't “steal” anything, or even violate any expectation of privacy per se. All Google did was intercept airwaves that were trespassing in its vehicles.The lesson for businesses and IT administrators is that you have to put forth some effort to at least give the appearance that you intend for the information to be private in order for there to be any inherent expectation of privacy. The burden should not be on Google, or the general public to have to determine whether the data you let freely fly about unencrypted is meant to be shared or is intended for a specific audience.
Some will equate Google's actions to someone taking property from a business with an unlocked door. The comparison is not apples to apples, though. If a business has an unlocked, or even a wide open door, passersby still know that entering it would be trespassing, and that taking property from inside would be stealing.
However, in Google's case, it is more like the business took its property and set it out in the middle of the street. In fact, it might not even be in front of the business, or even on the same street -- since the wi-fi signal from the wireless router is broadcast for a respectable distance in all directions. If someone were walking down the street and found a laptop, or a copy machine in the middle of the street, taking it would be neither trespassing, nor stealing -- just serendipitous.
There have been cases where individuals have been fined or prosecuted for accessing open wireless networks. A Michigan man was fined and forced to perform community service for accessing a local café's wireless network without being a customer. An Illinois man plead guilty and received a fine after being caught riding on the wireless network of a non-profit agency from his parked car.
I would argue that even those actions were not technically illegal. If I am out in public with my laptop or iPad, and it detects an available, unencrypted network to connect to, there is no way for me to know whether the owner meant for that network to be private, or if it is intended as a public hotspot. A wireless network is a wireless network, and some devices are configured to connect to any available wireless signal.
Google, however, did not “access” the open networks. It simply intercepted the unencrypted data that businesses and individuals beamed through the air willy-nilly. The data was left in the middle of the street so to speak, and Google gathered it as it drove through collecting photographs.
In Google's case, the legal issues may just be beginning, though. Some countries, like Germany, have a much different opinion of privacy and different laws in place.
(Source: PC World)