Is Wigle.net violating FCC rules too?

Is Wigle violating FCC rules too?  We previously posted about Google's admission that its Street View data collecting vehicles were also collecting MAC addresses (the number assigned to the computer's network adapter)  and SSID addresses (basically the name for your wireless router, which you need to know in order to connect your computer to the wireless network) in addition to private information sent over the internet through private wireless routers.  On Wigle, the public can actually browse maps which identify the approximate physical address of the wireless router and the SSID of the wireless router.  For those with unsecured routers, that means anyone can connect their wi-fi enabled device to the non-secured wireless network, if they are within range of the router.

According to 47 U.S.C. §605, it is a violation of the statute for anyone to intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. It is also a violation for any person who has received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such intercepted communication knowing that such communication was intercepted, from using the communication or any information therein contained for his own benefit or for the benefit of another.

The FCC, pursuant to the authority granted to it by Congress, has adopted a series of rules relating to radio communications. The FCC has defined "radio communication" as telecommunication by means of radio waves. The FCC has defined "telecommunication" as any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.

Wireless routers usually transmit on 2.4 or 5.8 gigahertz wavelengths, which is within the radio spectrum.   It is clear that wireless routers fall within the FCC's jurisdiction and that the FCC does have rules relating to router specifications.  FCC rules It seems pretty clear that wireless router transmissions of SSID addresses fails within the statute.

The statute imposes potentially huge fines on its violators.  Potential exposure is up to $100,000 per violation.  Wigle.net looks to have potentially millions of violations.  Just something to keep in mind for Wigle.net owners.