We previously blogged about the conduct of Google logging MAC addresses and SSIDs for its commercial use. Such conduct violates 47 U.S.C. §605 which prohibits the republication or use of intercepted radio communications. A wireless router's broadcast is a radio communication under FCC rules, and thus falls within the protection afforded under 47 U.S.C. §605. Well, the class action lawsuits have been filed. Reportedly eight are now pending in various parts of the country, and Google is trying to have all transferred to the Northern District of California, which is Google's home base. Having handled a number of matters in that district, in my opinion it is a good move for all concerned. The judges there handle a lot of patent litigation and the magistrates are all top notch, especially with respect to technical issues. I suspect that the ultimate outcome, if plaintiff's attorneys play their cards right, will not be as favorable as Google anticipates.
I previously mentioned that Wigle is violating the statute by posting SSIDs on a map which users can browse to locate SSIDs. Well, it seems that Skyhook Wireless is also creating a database of logged SSID and MAC addresses. Skyhook is apparently using it for commercial applications, like Google. Don't be surprised if the next class action lawsuit includes Wigle and Skyhook.
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