Google tells SC that Wi-Fi packet sniffing is legal
Google is asking the Supreme Court to reverse the $25,000 fine and the decision, which concluded that the search giant is liable for hijacking data on unencrypted wireless routers by its Street View cars.
Arstechnica reports, places like coffee houses and restaurants would definitely be concerned if the ruling favors Google, since the media giant states that it is not illegal to intercept data from an unsecured wireless network signal.
Google Street View cars that move around mapping the globe are also equipped with Wi-Fi sniffing hardware that can gather data from open wireless network in the vicinity. The data includes the router’s MAC addresses in the area, which helps to better Google’s location services.
The Federal Communications Commission slapped Google with a fine of $25,000 back in 2012, for practicing packet sniffing after the matter came to light in 2010 when German authorities began inquiring.
Arstechnica also reports “The Mountain View, CA-based search giant maintains that unencrypted Wi-Fi networks are "radio communications" akin to police and fire bands as well as AM/FM radio. As such, Google argues they are exempt under federal wiretapping statutes.”
"The decision below manufactures a definition of 'radio communication' that is at odds with established federal law and with the text, structure, and legislative history of the Wiretap Act," (PDF) Google told the justices.