In a recent publication, it was disclosed that Google is capturing wi-fi data during its photographing properties as part of its Street View program. Google capturing wi-fi data Apparently it intends to use the information collected for commercial use with its geo-location service. That service allows mobile users to access maps based on the captured wi-fi data. The information being captured is easily obtained by anyone with a computer capable of wireless internet, since you merely need to search for a wireless connection and you can get the SSID information for any wireless router within the range of your computer.
However, is Google acting in compliance with the law? 47 USC 605 provides essentially that no person without authorization of the sender shall intercept any radio communication and divulge or publish the existence or contents to any person. The FCC has published a fact sheet on the subject, Interception of Transmissions, which would seem to indicate that the FCC would consider Google to be violating its regulations and the statute. Further in Cafarelli v. Yates 226 F3d 492 (6th Cir., 2000) the court held that one cab driver could sue another under section 605 for intercepting taxi cab communications and using the stolen communications to steal passengers. Is the broadcast of router information and possibly information about computers connected to that router a radio communication? Hard to say, but the FCC's rules define a radio as anything that transmits on radio frequencies, so it appears that the router broadcast would be considered a radio broadcast under FCC rules.
Seems like Google is playing with fire. What do you think?
