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A couple years ago, we were disappointed to see a judge take the technologically wrong stance that data transmitted over WiFi is not a "radio communication," thereby making sniffing of unencrypted WiFi signals potentially a form of wiretapping. Indeed, based on that, the court eventually ruled that Google's infamous WiFi sniffing could be a violation of wiretap laws. This is wrong on so many levels... and tragically, an appeals court has now upheld the lower court's ruling.
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