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Re: Legality of WEP Cracking
From: Chris Travers <chris () metatrontech com>
Date: Sat, 19 May 2007 00:39:31 -0700

cwright () bdosyd com au wrote:
"sniffing the air" is legal

Well actually, if this is sniffing as in intentially capturing an electronic transmission, than this is illegal and 
also criminal.
Sniffing the air could mean two different things though. I am not a lawyer, and if you want a legal opinion, hire a duly licensed attorney.

It could mean "firing up your network card and seeing which network access points it lists." This seems to me to be unlikely to be illegal in any sane jurisdiction simply because it is an essential part of using the device for its intended and lawful purpose.

It could also mean "capturing packets sent over the airwaves intended for other devices" and this may or may not be illegal (some time ago, there was a ruling that one could legally eavesdrop on cordless phone conversations of neighbors-- don't know if that has changed by now but this would seem to be a good analogy). I would think that there is a good chance this may vary by jurisdiction.

So, define "sniffing the air."

Best Wishes,
Chris Travers

Interecption + telcomunications - permission = criminal act this is true in the US, CA, UK, AU etc

So actually even capturing packets is illegal, proof is difficult though.

Regards
Craig

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