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What's the difference between taking a picture in a public place (a.k.a. measuring the photons of the wavelength of visible light) and sniffing Wi-Fi signals (a
by kinghajj 16y ago
What's the difference between taking a picture in a public place (a.k.a. measuring the photons of the wavelength of visible light) and sniffing Wi-Fi signals (a.k.a. measuring the photons of the wavelength of radio)? Public photons are public photons, it seems arbitrary to distinguish them based on wavelength. How can it be a crime to measure the photons passing all around us, sometimes literally through us? The originators of these photons are knowingly sending them into the public, so they should have no expectation of privacy, just as we have no expectation of privacy for the photons that reflect off us into someone's camera on the street.
- alextgordon 16y agoThe difference is humans can see the visual spectrum but not the radio spectrum. This means that people tend to ensure their own privacy in the visual spectrum (by wearing clothes, etc), but don't in the radio spectrum (by transferring sensitive data unencrypted). You could argue that people are being irresponsible by not paying more attention to their "radio privacy" (and you'd be right), however the lawmakers apparently felt that the advantages of making it illegal outweighed the disadvantages.
- Periodic 16y agoIf I recall, and I'm not a lawyer, a large part of privacy law is asking whether there is a reasonable expectation of privacy. Not many people go around sniffing the wireless, you can reasonably assume that no one is listening at a given moment. Visible light in public are being sampled all the time by many observers.
- Vivtek 16y agoTell that to the cops next time you're standing on public property photographing a bridge. Or a border crossing. Or the Pentagon. Or the cops.