Sniffing Technology Outpaces Legislation

The US District Court for the Northern District of Illinois (Judge Holderman) recently ruled that the interception of unencrypted, publicly available WiFi networks does not violate provisions of the federal Wiretap Act. In a decision involving admissibility of evidence, the court found that a party’s “intercept” fell within an exception to the Wiretap Act – allowing a person “to intercept or access an electronic communication made through an electronic communication system that is configured so that electronic communication is readily accessible to the general public.”

The issue arose in a a patent infringement case. Innovatio IP Ventures sued commercial users of wireless internet technology, such as hotels and coffee shops, for infringing its patents by making the technology available to their customers, as well as using the technology for managing internal processes. As discovery proceeded…

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About plushq

The Professional Liability Underwriting Society (PLUS) was founded in 1986 by industry professionals who recognized the need for a forum for individuals involved in the field of professional liability. The Society is a non-profit organization with membership open to persons interested in the promotion and development of the professional liability industry. Membership consists of over 6,500 individuals, representing over 1,000 companies active in the many fields of professional liability. PLUS currently receives the support of more than 200 companies through corporate membership. PLUS is recognized as the primary source of professional liability educational programs and seminars, assistance to its members to help serve clients, and information regarding professional liability. The Society is continually seeking new means to fulfill its mission statement and better serve its members.

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