In the continuing controversy over whether unsecured data from Wi-Fi networks is defined as private or public information, Google (NASDAQ:GOOG) is appealing to the U.S. Supreme Court to review the recent decision by the 9th Circuit Court of Appeals.
The ruling in contention is that network and other data collected by Google from 2007 to 2010 using cars with Wi-Fi antennas is not freely available to the public under the Wiretap Act and was, therefore, obtained illegally, in breach of the affected party’s privacy.
Google is maintaining that its method of collecting data is not in violation of the Wiretap Act with regard to the nature of unsecured Wi-Fi emissions, which are transmitted in the form of radio waves, they are,… in fact, readily accessible to any person using a simple Wi-Fi antenna in the same way that someone can listen to the radio. The Wiretap Act has a clear exemption that states it is legal to monitor any communications that are deemed accessible to the public. This is something the public is not too fond of, for obvious reasons.
The 9th Circuit ruling that Google is seeking to overturn is based on the premise that Wi-Fi transmissions are not the same as audio broadcasts even though the technology used to transmit both audio and Wi-Fi data is based on radio waves. As further evidence of the legality of its actions, Google is arguing that none of the federal agencies involved such as the Department of Justice has shown any interest in imposing fines or bringing charges in relation to this case. Google also maintains that this type of data collection is essential during the process of securing and protecting networks from attacks.
