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Why Google's Wi-Fi Payload Collection Was Inadvertent

Reader Lauren Weinstein found a blog post that gives a good, fairly technical explanation of why Google's collection of Wi-Fi payload data was incidental, and why it's easy to collect Wi-Fi payload data accidentally in the course of mapping Wi-Fi access points. "Although some people are suspicious of their explanation, Google is almost certainly telling the truth when it claims it was an accident. The technology for Wi-Fi scanning means it's easy to inadvertently capture too much information, and be unaware of it. ... It's really easy to protect your data: simply turn on WPA. This completely stops Google (or anybody else) from spying on your private data. ... Laws against this won't stop the bad guys (hackers). They will only unfairly punish good guys (like Google) whenever they make a mistake. ... [A]nybody who has experience in Wi-Fi mapping would believe Google. Data packets help Google find more access-points and triangulate them, yet the payload of the packets do nothing useful for Google because they are only fragments."

267 comments

  1. So? by spiffmastercow · · Score: 0, Troll

    I thought the problem itself was that they were wardriving, not that they were stealing personal info. Kinda like people don't like teir pictures being on Street View...

    1. Re:So? by Anonymous Coward · · Score: 0

      If what Google were doing was Wardriving, then what David in Wargames was doing was 'War-reading-the-telephone-book'...

    2. Re:So? by erroneus · · Score: 3, Interesting

      Nothing explains why they stored the data so far. Recording names of access points? Okay. Recording locations of access points? Mmmmaybe. Recording data retrieved by connecting to unsecured access points? No. How can that data be used for any honest purpose? And let's be clear about this: collecting and storing data is an act directed by software which was written by a person or persons who were acting under direction ostensibly by specification. You find those specifications and directors and you will come closer to finding the truth as well as those responsible.

    3. Re:So? by agrif · · Score: 4, Informative

      Despite what everyone thinks (and how it seems to the uninformed) it very likely was accidental. If I was tasked to correlate Access Points to their locations, the simplest way would be to dump raw wireless traffic to one file, and raw GPS data to another. Later, you can zip them both up and run some analysis, and get the data you want out.

      It'd be real easy to forget to filter the packets you dump to only anonymous, non-data-carrying packets. More than likely the people who designed it just forgot to, or figured it would be no big deal if they just never used that info. Sloppy engineering maybe, but certainly not malicious.

    4. Re:So? by MoHaG · · Score: 2, Interesting

      They accidentally recorded parts of publicly broadcasted data....

      It is not much different from a phone recording a conversation in a busy enviroment and being blameed for accidentally recoring parts of other people's conversations that you walked past...

    5. Re:So? by AnonGCB · · Score: 1

      They weren't connecting to the networks, just collecting packets that were being broadcast to help triangulate the source of the network. RTFA.

      --
      http://CryoLANparty.com/ A lan I'm staff on!
    6. Re:So? by icebraining · · Score: 1

      Recording names of access points? Okay. Recording locations of access points? Mmmmaybe.

      Providing "My Location" for Wifi-enabled but GPL-less devices, like my E65.

      Recording data retrieved by connecting to unsecured access points? No.

      AP name is data like any other, it comes through the same medium as any other Wifi packets. Using *only* those packets requires active filtering.

      Was it sloppiness or on purpose? Only they know (but why come out with it if it was on purpose?). The thing is: should it be illegal? I don't think it should.

    7. Re:So? by postbigbang · · Score: 1, Interesting

      No. It was at best willful sloth.

      Any geek with stripes can strip the payloads after identifyng association attempt results, and their locus.

      Just gulping the data, which is what they did-- perhaps terabytes of it-- isn't excusable.

      There was once a TV show called F Troop. In the opener, they stripped all of the buttons and rank from two soldiers, an officer and an enlisted man, if memory serves. Google should have had by now, a similar such ceremony from their software QA director, and their lead systems engineer. Just WTF were they thinking? Let's have a merry little war drive with some of that open sauce software stuff? Egads. Accidental my ass.

      --
      ---- Teach Peace. It's Cheaper Than War.
    8. Re:So? by erroneus · · Score: 1

      They didn't "come out with it." They were required to provide it by government demands. They had to provide it or get thrown in jail.

      It is hugely irresponsible to simply do what they did. Hugely irresponsible to do this in countries where it is not legal to do so. Should it be illegal? I have to disagree with you there. It should be completely illegal to do such in private residential areas.

      They could have and most certainly should have collected only the data they needed/desired. Collecting additional data still unacceptable. It should be trivial to write code that collects only a certain type of packet.

    9. Re:So? by spinkham · · Score: 5, Informative

      Yes, they should have only saved the SSID, location, and signal strength. Instead, they used off the shelf software which saved more data. There is no reason to believe this was intentional.

      That's fine and legal to do in the USA, as you have no expectation of privacy using unencrypted broadcast:
      http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002511----000-.html

      TITLE 18 > PART I > CHAPTER 119 > 2511
      (g) It shall not be unlawful under this chapter or chapter 121 of this title for any person—
              (i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;

              (v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.

      In the US, if you transmit in the clear on unlicensed spectrum, they can legally pick it up due to two different, non-overlapping legal clauses. ( Note, I am not a lawyer, this is not legal advice, this is but one of possibly relevant laws, etc.)

      The problem is they didn't need to do so, and it creeps people in the US out. So even here where it is legal, they probably shouldn't have from a PR point of view.

      In some other countries it is not legal to collect that data, and doing so intentionally might lower your penalties, but still does not make it legal.

      --
      Blessed are the pessimists, for they have made backups.
    10. Re:So? by xaxa · · Score: 1

      AP name is data like any other, it comes through the same medium as any other Wifi packets. Using *only* those packets requires active filtering.

      The last article I read said the software filtered out (discarded) encrypted packets. It would (presumably, in my experience anyway) be technically similar to filter only for whatever kind of packet the AP name is broadcast in.

    11. Re:So? by Anonymous Coward · · Score: 0

      So you are paying people to drive around to acquire this access point/location information for serving location based ads. Let's look at the risk rewards of heavily filtering the raw input data: too much filtering leads to repeating and doubling costs on whatever segment they are dealing with, too little filtering clutters up hard drives. Somehow I doubt that eve PB of extraneous data would be worth the potential cost of recollecting the data, especially as the data was being collected jointly with streetview and so storage capacity was plentiful and cost for recollecting would be substantially higher solo than when it was collected jointly with streetview.

    12. Re:So? by MokuMokuRyoushi · · Score: 1, Interesting

      it very likely was accidental... It would be real easy... More than likely... Sloppy engineering maybe...

      ...and then "certainly not malicious". Its been fairly obvious that there are no clear facts in this case. Just like the quote from the summary, "Google is almost certainly telling the truth"... Almost this, probably that, maybe those. To say that it is or isn't malicious is to go out on a limb with an Opinion Safety Harness. The only clear fact is that this is a very shady and inadequately explained and planned event. Whether or not packets saved were to be used maliciously is up in the air.

      --
      Humans are terrible replicators of Godly things.
    13. Re:So? by Anonymous Coward · · Score: 0

      You don't have to connect to an access point to collect the packets. The packets are floating freely through the air for anyone to sniff. Even encrypted packets are freely available in the air and can be snatched without a connection.

      I'll agree with you that there was no reason to store the packets, but you do have to access the packets to find the access point information. There are many wardriving tools that collect access point information and store it without storing packets. There is no justifiable reason to store the packets.

    14. Re:So? by wolrahnaes · · Score: 1

      Should it be illegal? I have to disagree with you there. It should be completely illegal to do such in private residential areas.

      Why? When you're broadcasting an unencrypted radio signal you have absolutely zero expectation of privacy for communications over that channel. I believe that this was a bad idea for Google, but only because of reactions like this being inevitable. Driving around capturing any unencrypted WiFi packets is exactly the same as if I was to press the "scan" button on my FRS/GMRS radio and drive around listening to random people talk. They're on an open, unprotected channel, there's nothing wrong with listening to them nor should there be a law against it. If you want your communications to be private you either use encryption or use a wire.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    15. Re:So? by LordLimecat · · Score: 3, Insightful

      Any geek worth their salt also never makes mistakes. Myself, I think I made a mistake once many years ago, and for my negligence i was rightfully whipped for it. Now of course I never make them; my work is always perfect.

    16. Re:So? by Anonymous Coward · · Score: 0

      why raw traffic? iwlist (interface) scan yields not enough information?

    17. Re:So? by Anonymous Coward · · Score: 3, Insightful

      The thing most people forget to ask, but was asked in this article, is something you conveniently forgot to mention. Here it is:

      What possible use could google have for this data? What would be their motive here?

      As the article says, there's almost no personal data in the emails. Even if there is, there's so little of it that what useful purpose could it serve? You'd have a hard time correlating it to any one person, or even finding out what it is. There's going to be so little data here, and it'll be so fragmented, that turning it into anything useful would be impossible.

      On the other hand, why would google risk collecting this data when they knew what was going to happen if it got out? The risk vs. reward here just doesn't make sense. They're going to risk their reputation on... what? Collecting a few fragments of unencrypted wifi traffic that probably contains so little information and could very well be generated by a bot running on your machine.

      I'm not going to believe google did this on purpose until someone can give me a motive that doesn't sound like something from a UFO convention.

    18. Re:So? by naplam33 · · Score: 0

      yeah, except they did filter the data to keep the unencrypted stuff and dump the encrypted data.

    19. Re:So? by icebraining · · Score: 1

      They didn't "come out with it." They were required to provide it by government demands. They had to provide it or get thrown in jail.

      And how did the government knew about it in the first place?

      the company said it would stop collecting Wi-Fi network data from its StreetView cars, after an internal investigation it conducted found it was accidentally collecting data about websites people were visiting over the hotspots.

      http://yro.slashdot.org/story/10/05/14/2259204/Google-Says-It-Mistakenly-Collected-Wi-Fi-Data-While-Mapping

      It is hugely irresponsible to simply do what they did. Hugely irresponsible to do this in countries where it is not legal to do so.

      I agree, although I disagree with the law, it's still the law.

    20. Re:So? by Anonymous Coward · · Score: 1, Informative

      They didn't "come out with it." They were required to provide it by government demands. They had to provide it or get thrown in jail.

      And how did the government knew about it in the first place?

      They didn't. German governments demanded to audit the data Google cars collected before this was known. And then Google came out with this 'additional info'.

      This was covered many places, this is one: http://lastwatchdog.com/googles-wifi-data-harvest-draws-widening-probes/

      In April, Google admitted to German privacy regulators that vehicles specially-equipped to systematically shoot photos of street scenes for Google Maps also carried gear to collect data moving across unencrypted wireless networks situated inside homes and businesses. The company insisted at the time that only basic Wi-Fi location data was being collected. But after Germany requested an audit, Google subsequently disclosed that it had mistakenly collected personal data, as well.

    21. Re:So? by amRadioHed · · Score: 1

      No, the governments only demanded that they turned the data over after Google willingly revealed that they accidentally collected the data.

      If Google was a little less forthcoming and just quietly deleted the data once they saw their mistake the private data wouldn't now be in the hands of countless governments.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    22. Re:So? by postbigbang · · Score: 0, Troll

      Your ends-justifies-the-means concept holds no water.

      My wifi access points are a matter of public knowledge. After all-- they're freaking radios. What's not public knowledge is anything after the location of it, and its authentication- if any.

      The data that flows there is mine, and no one elses. The other MAC addresses associated with the AP are also my business, and no one else's. Differing jurisdictions have different views of the severity of the theft that their mindlessly-stupid shark-like gobbling did. I hope they suffer the higher of the common denominators of justice.

      --
      ---- Teach Peace. It's Cheaper Than War.
    23. Re:So? by postbigbang · · Score: 2, Interesting

      You may find your mistake early, after gigabytes worth of data. Then you fix it before it becomes TB or PB of data. Right?

      We're all allowed mistakes. Mistakes of this size from the uber-geeks of Google isn't a mistake. It's negligence..... not quite of BP's size, but just as shamelessly stupid.

      --
      ---- Teach Peace. It's Cheaper Than War.
    24. Re:So? by DynamiteNeon · · Score: 2, Insightful

      I think what is more likely is that someone came to the engineer and said they needed to get the data and nobody really bothered to think of the privacy concern since it was going to be used internally anyway. Sure, if the engineer was told that the requirements demanded better privacy, he could have stripped the payloads, but if someone asked you to just get the data, it's less likely you'd think of that as a problem.

      I would redefine it as sloth on the part of the management for not considering the issues, as opposed to lazy engineers.

    25. Re:So? by Elektroschock · · Score: 1

      Next time they will use hostilewrt...

    26. Re:So? by agrif · · Score: 1

      I think what is more likely is that someone came to the engineer and said they needed to get the data and nobody really bothered to think of the privacy concern since it was going to be used internally anyway. Sure, if the engineer was told that the requirements demanded better privacy, he could have stripped the payloads, but if someone asked you to just get the data, it's less likely you'd think of that as a problem.

      I would redefine it as sloth on the part of the management for not considering the issues, as opposed to lazy engineers.

      This is exactly what I was thinking, but I forgot to express it in my comment.

    27. Re:So? by gnasher719 · · Score: 1

      Despite what everyone thinks (and how it seems to the uninformed) it very likely was accidental. If I was tasked to correlate Access Points to their locations, the simplest way would be to dump raw wireless traffic to one file, and raw GPS data to another. Later, you can zip them both up and run some analysis, and get the data you want out

      Your definition of "accidental" is very strange. You are saying that you would have, not accidentally but fully intentionally, chosen the simplest method which would be collecting all wireless traffic including private data that you are not allowed to collect. When laws make a difference between doing something intentionally or without intent, the question is not whether you intended to break the law or not, the question is whether you intended to do what you did. I would hope that these Google engineers had no intent to break the law, but they certainly had intent to collect the data. Sloppy programming doesn't matter. It was entirely foreseeable that software collecting WiFi data _might_ record private information, and that is illegal, so they should have taken care of it properly. And anyway, Google threw away all encrypted traffic.

    28. Re:So? by Score+Whore · · Score: 2, Interesting

      Regardless of whether it's accidental, or difficult as the OP suggests, the reality is that both of those are merely excuses and rationalizations for externalizing the bad effects of behavior while privatizing the profits. Try translating those excuses to another industry and see how satisfying an answer they are. Consider medicine, there are undeniable benefits to modern therapies. However because it's hard to get right, we don't just accept any random treatment. Before companies unleash their new products upon the public we require that they take the time to ensure, as much as possible, that they are safe and don't have unintended effects. You may suggest that Google isn't a medical company whose products and services won't be killing anyone or causing them to grow a third eyeball, therefore they don't have the same obligations. OK, then how about banking? Credit reporting? Private investigators? Mining companies?

      Entirely outside any other arguments, I find it hilariously ironic that Google -- the company staffed entirely by PhDs, by the most brilliant minds in the industry, by saints who'll do nothing wrong -- always comes back to "look we have this awesome idea with splendid (but vague and non-specific) benefits beyond making us incredibly wealthy, however there are significant downsides for the rest of you and those downsides are hard to avoid." Which makes me think that maybe they aren't so smart, which means that maybe their idea isn't so great. Isn't the point of being smart that you can do things that are hard? QED.

    29. Re:So? by causality · · Score: 2, Interesting

      The thing most people forget to ask, but was asked in this article, is something you conveniently forgot to mention. Here it is:

      What possible use could google have for this data? What would be their motive here?

      As the article says, there's almost no personal data in the emails. Even if there is, there's so little of it that what useful purpose could it serve? You'd have a hard time correlating it to any one person, or even finding out what it is. There's going to be so little data here, and it'll be so fragmented, that turning it into anything useful would be impossible.

      On the other hand, why would google risk collecting this data when they knew what was going to happen if it got out? The risk vs. reward here just doesn't make sense. They're going to risk their reputation on... what? Collecting a few fragments of unencrypted wifi traffic that probably contains so little information and could very well be generated by a bot running on your machine.

      I'm not going to believe google did this on purpose until someone can give me a motive that doesn't sound like something from a UFO convention.

      What if this were a calculated marketing maneuver designed to test the waters and find out how much people really care about privacy and the possible hard-to-justify violation thereof? This is, after all, a company that would make far less money if everyone had excellent online privacy. How much people are willing to protect that privacy and how much outrage they express at real or perceived violations of it could be very important data to a company like Google.

      This is data that would be difficult for Google to obtain from their usual channels. Just like in politics, it has to become an "issue" and then the reaction can be assessed. A privacy matter that collects little or no directly sensitive information (thus protecting Google from potential liability) that still raises the issue and gets people talking about it would be perfect for this purpose. That's exactly what happened here.

      The more successful a company, the more resources it possesses, the more talent it has hired, the more difficult it becomes to believe that they'd make trivial mistakes that most Slashdotters, acting alone with an infinitessimal fraction of the same resources, would have easily avoided. Good long-term strategy looks a lot like things just happening to work out a certain way as a product of chance. It's possible someone at Google could have made the incredibly trivial mistake that caused this chain of events. What's unlikely is that among all of the managers, designers, and programmers involved in this project, not one person noticed such a mistake.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    30. Re:So? by Anonymous Coward · · Score: 0

      Too slow.

      You can't do that at 30mph.

      You can collect a lot of beacon data and time match it to the GPS track later.

    31. Re:So? by cynyr · · Score: 1

      data wouldn't be a problem if they had encrypted the traffic. I'm not sure which level WPA2 is on, but it may also be hiding mac addresses.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    32. Re:So? by icebraining · · Score: 1

      Hmm, I didn't knew that.

    33. Re:So? by postbigbang · · Score: 1

      Internal or external use makes no difference.

      Ultimately, Google, top-down, is responsible.

      Taking responsibility is the hallmark of maturity and character. Ensuring quality work is taking that responsibility. They knew; you can't gather that much data and NOT know.

      --
      ---- Teach Peace. It's Cheaper Than War.
    34. Re:So? by postbigbang · · Score: 1

      Data would be THE problem. It's not theirs. It matters not what the user's choice of encryption is. The data is NOT Google's. It's gathering and use where I live is plainly illegal, no matter what its purpose.

      --
      ---- Teach Peace. It's Cheaper Than War.
    35. Re:So? by Imrik · · Score: 1

      The software they obtained from another party and used to gather information on WiFi locations has the default setting of recording what they recorded. They, in fact, did not intend to collect the data, they merely failed to intend to not collect the data.

    36. Re:So? by zuperduperman · · Score: 1

      You may find your mistake early, after gigabytes worth of data. Then you fix it before it becomes TB or PB of data. Right?

      Umm, this whole controversy is about an entire total of 600GB, so I think it is quite fair to say that Google did find their mistake after "gigabytes" and not TB or PB.

    37. Re:So? by zuperduperman · · Score: 1

      I don't think it was "forgetful" rather than miscommunication. Think about how this probably works inside Google - you have geeks back at HQ doing deep and advanced research into how to do triangulation of hotspots and geolocation based on that. They, of course, are experimenting so they are making software that captures absolutely freaking everything so that they can do full and complete analysis on the data and use any piece of it that seems to help the algorithm get better. For them, the natural default mode of the software is to capture everything - nothing worse than wasting days collecting experimental data because you forgot to capture some critical component.

      Now, much later after most of the research phase is complete, the same software gets deployed out to the field. The guys in the car would naturally assume that the default configuration be what they are supposed to use - they are not experts in Wifi capture, they are driving a car. The last thing they should be doing is reconfiguring the software! So they turn it on and it seems to be capturing the data and the folks back at HQ say it all looks good.

      I think this is just a classic case of missing communication and lacking oversight - someone should be in the middle there checking the legals of exactly what is going into the cars, and this is what broke down.

    38. Re:So? by Anonymous Coward · · Score: 0

      Their motivations are meaningless?

      That's a bit silly, don't you think?

    39. Re:So? by LordLimecat · · Score: 1

      I imagine if a mistake were made in the setup, it would not be caught until after the "gather data" phase, during an internal audit.

      Which, suprise, suprise, is EXACTLY what happened. During an internal audit, Google found the issue, notified the world, and is dealing with the mess.

    40. Re:So? by postbigbang · · Score: 1

      The word is "surprise" but I'm not a grammar nazi.

      They posted that they had the data. They'd been gathering it for quite sometime, across many jurisdictions, meaning the software load had been made, and replicated as there are many vehicles involved in Google Earth.

      They 'fessed up because to not do so would have compounded their irresponsibility. The entire action is but one of dozens of software mistakes made by Google, large and small. No, I don't work for Microsoft, Apple, or any one else. This is a part of a larger problem that Google has: irresponsibility, and the Microsoft/Apple-like way of believing that their brain power trumps common sense and regional, US, EU, and other law.

      I'm not a lawyer. But such constant software mistake-making is a loose-and-fast attitude that gave the world the mind-numbingly bad components in Windows that in turn, led to a decade of scraping Windows clean of maggots. Google took a long time to answer the requests of surrendering that data, and answering the jurisdictions that were appalled (and rightly so) that Google had had the temerity to capture payloads to begin with.

      So, no, it's not EXACTLY what happened. The 'gather data' phase lasted a long time, didn't it? Did no one see that the payloads were there? Is Google's QA so asleep-at-the-wheel that it wasn't discovered for such a long time? Because it came out in a blog, rather than in a release, Google blew the entire matter from a PR perspective, too.

      And it is a mess. And calling the matter 'inadvertent' as the post declares, in my mind is disingenuous, and more fanboi-like and apologetic rather than a missive to attempt to assuage the damage and make sure it doesn't happen again.

      --
      ---- Teach Peace. It's Cheaper Than War.
    41. Re:So? by Anonymous Coward · · Score: 0

      RTFA

    42. Re:So? by Jesus_666 · · Score: 1

      So, no, it's not EXACTLY what happened. The 'gather data' phase lasted a long time, didn't it? Did no one see that the payloads were there? Is Google's QA so asleep-at-the-wheel that it wasn't discovered for such a long time? Because it came out in a blog, rather than in a release, Google blew the entire matter from a PR perspective, too.

      Exactly. Either Google can argue that it took them months to figure out the privacy laws of the countries they were operating in and they weren't smart enough to check in advance (making one wary of using their services, which might contain similar mistakes) or they argue that they are so technically inept that they didn't realize they had way more data on their hands than neccessary to represent SSIDs and signal strengths (which again makes one wary because that raises the question of how broken their products might be). Or they could argue that they don't give a shit about local law until it becomes a PR problem at which point they have admitted that "do no evil" is a thing of the past.

      This is Google. These people have excellent computer scientists and excellent lawyers. At some point someone decided not to listen to one of those groups and now it's biting them in the ass.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    43. Re:So? by Jesus_666 · · Score: 1

      Their motivations may be considered but for determining whether or not they are liable for breaking the law it's not. If you run a red light and are caught it doesn't matter what your motivation was unless a real emergency neccessitated the act - you're guilty of running a red light. Google collected data the law prohibits them from collecting, thus they are liable. What they intended to do with the data may influence the verdict but it doesn't change the fact that they broke the law.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    44. Re:So? by Jesus_666 · · Score: 1

      Except that the capturing software they used was an off-the-shelf (or rather off-the-repository) program that can be configured to either log the payload data or not. The configuration of the software was definitely a central thing done by someone technical and the decision on what to do with the collected data afterwards also was.

      Even if the payload data were in some way neccessary (perhaps because extracting SSIDs in realtime is beyond the abilities of affordable systems) Google could have tossed it as soon as the SSIDs were extracted. They didn't, which was a matter of policy.

      The only communication difficulties were between the lawyers and whoever was in charge: The lawyers were either not consulted on possible legal issues or not listened to. And that's negligience.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    45. Re:So? by aj50 · · Score: 1

      Software engineering seems to have been globally exempted from very careful process and safety testing because business demands it.

      Very few people will require a piece of software that is 100% correct when it costs 100 times more than the one that is 99.9% correct.

      In banking, that expense is justified because of how much money will be lost if something goes wrong but in a lot of cases, it isn't. In this particular instance we have an internal piece of software which will be deployed to a relatively small number of vehicles which operates entirely passively. For these reasons I would expect that it was not engineered to the same standards which we require for medical therapies or banking software.

      --
      I wish to remain anomalous
    46. Re:So? by garaged · · Score: 1

      If I wanted to gain some money the most easy way would be steal it from banks ....

      --
      I'm positive, don't belive me look at my karma
    47. Re:So? by koh · · Score: 1

      Of course they did. And I did not kill this man, I just failed to keep him alive.

      --
      Karma cannot be described by words alone.
    48. Re:So? by easterberry · · Score: 1

      The more successful a company, the more resources it possesses, the more talent it has hired, the more difficult it becomes to believe that they'd make trivial mistakes that most Slashdotters, acting alone with an infinitessimal fraction of the same resources, would have easily avoided. Good long-term strategy looks a lot like things just happening to work out a certain way as a product of chance. It's possible someone at Google could have made the incredibly trivial mistake that caused this chain of events. What's unlikely is that among all of the managers, designers, and programmers involved in this project, not one person noticed such a mistake.

      Which is why giant companies like microsoft never have any bugs or errors in their code. oh wait...

    49. Re:So? by easterberry · · Score: 1

      The problem with your analogy is that that's an entirely valid thing to say. If someone is starving and I don't go get him food, or I DO go to get him food but don't get back fast enough I failed to keep him alive but sure as hell didn't kill him.

    50. Re:So? by Anonymous Coward · · Score: 0

      If I wanted to gain some money the most easy way would be steal it from banks ....

      No, that would be the simplest way. The easiest way is to get a job.

    51. Re:So? by causality · · Score: 1

      I think your selective reading of what I wrote caused you to mentally omit the word "trivial" from "trivial mistake." Yes, Microsoft has bugs in its code. They tend to be security issues that require several different conditions to be present before the bug can be demonstrated and are therefore non-trivial in nature. By contrast, gathering several times more data than you intended to obtain and store (the full Wi-Fi headers + much larger data payload, as opposed to only the headers) is trivial in nature and easier for someone to notice. To give an analogy, it's like intending to copy 20GB of data and finding that you have copied one terabyte. That's easy to notice, especially with the talent Google possesses.

      Since I never made a claim that depends on Microsoft or anyone else writing perfectly bug-free code, do you care to revise your response?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    52. Re:So? by easterberry · · Score: 1

      wait, what do YOU think trivial means?

    53. Re:So? by causality · · Score: 1

      Have you ever seen exploit code? Are you familiar with the low-level details of a stack-smashing attack? For most of the bugs that Microsoft fixes, it requires quite a bit of skill to make them manifest. There's a reason the programmers did not notice them prior to releasing it as production code despite fuzz-testing and other forms of tests and audits. It's because they are non-obvious and non-trivial.

      Unfortunately, once someone with that level of skill produces exploit code and releases it, any unskilled person can re-use that code to compromise vulnerable machines. Those are called "script kiddies" because they have little or no skill of their own. But that's another discussion. The point is that actually discovering and manifesting that class of bugs is not easy at all.

      By comparison, intercepting and recording many times more data than you intended is a very trivial mistake. Any amount of testing against Google-owned Wi-Fi systems (y'know, before deploying this code on a large scale against public systems) would have quickly made this obvious. It's not some terribly complex bug that can remain hidden despite vast efforts to find it. The slightest effort to check whether their code does as it is intended to do would have caught this one. It's either intentional or an instance of incompetence, and while that latter option is possible, Google is not generally known for incompetence.

      When I point out with good reason that this is an extremely trivial and easily recognized mistake, you try to make that sound like I am demanding 100% perfection in all things. No, that isn't going to work. It's a failure of reasoning. You don't sound inclined to take my word for that, so please review this reference:

      A subfallacy of Strawman is to take an extreme version of a person's position and attack it. According to Fallacy Files (see references below), this is called a Strawdemon.

      Mom: The doctor says that these exercises will help you recover more quickly.
      Son: Aw, Mom! Do I have to look like Arnold Schwarzsnegger?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    54. Re:So? by easterberry · · Score: 1

      Seriously. Google the word "Trivial". It doesn't mean what you think it means.

    55. Re:So? by Dishevel · · Score: 1

      OMFG! Look away! I have not given you permission to observe and store images of my face. Just because my face is out there in public dose not give you the right to look at it! I shouldn't have to go through all the trouble of putting a vale on my face just to protect you from seeing it. Damn evil corporations. I knew it!

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    56. Re:So? by greenbird · · Score: 1

      The data that flows there is mine, and no one elses.

      It's kind of like putting a note on your front door and then suing anyone who read it because the note was your's and no one else's. The note may be your's but if you broadcast it to the general public you have no recourse should anyone serendipitously collect the information in the note.

      --
      Who is John Galt?
    57. Re:So? by postbigbang · · Score: 1

      No, private communications are supposed to be private. I don't put an access point so that the world, including Google, can hear it. It's nicely encrypted. But the data is mine, not yours, not theirs.

      I don't broadcast it to the public, in the same way that my 5.8ghz phone is also encrypted. It's not designed for interception, only my convenience. I'm aghast that so many people are entirely willing to roll over for Google's obvious theft.

      --
      ---- Teach Peace. It's Cheaper Than War.
    58. Re:So? by causality · · Score: 1

      Seriously. Google the word "Trivial". It doesn't mean what you think it means.

      The second you want to argue semantics in the face of positive points I have made and backed up is the moment you admit to having a weak position. But since it seems unduly important to you, I am proceeding from this definition of "trivial" from dictionary.reference.com:

      1. of very little importance or value; insignificant: Don't bother me with trivial matters.

      A bug that is insignificant has that status because it's easily corrected.

      Now, if you're about done using straw men, arguing semantics (uselessly, I might add), and pulling other very weak tactics that consist of something other than refuting my logic or disputing a single point I've made, maybe you can stop with the very easily deflected non-objections and make your case. If you have one, that is. Furthermore, I notice you do not disagree with my observation that you attempted to use a straw-man fallacy and must assume you aren't disputing that because you know this to be the truth.

      I note you seem careful not to dispute me in an active conversation with an audience of others. You seem to cherry-pick old discussions in which most users are no longer participating. That's wise, though in a devious sort of way, for I am not alone in recognizing the weakness of the tactics you are choosing to use. It seems to be your silent acknowledgement that you'd only humiliate yourself. It's providing amusement for me but has no value otherwise.

      --
      It is a miracle that curiosity survives formal education. - Einstein
  2. Well duh by Pharmboy · · Score: 5, Insightful

    Of course it was accidental, after all, their corporate slogan is "Do no evil". Obviously they wouldn't do anything that would be evil.

    --
    Tequila: It's not just for breakfast anymore!
    1. Re:Well duh by Anonymous Coward · · Score: 3, Insightful

      Thats just externally. Internally their slogan is "Do what you want until it threatens to make our image worse than the competition".

      Admittedly with their main competition being Microsoft they could screw up seriously badly and still be a thousand times 'holier' than
      Microsoft & Steve Beelzeballmer. The only other competition they have is Apple and they have no chance of competing in terms of
      loyalty/fanboyism. Google has a fan club, Apple has a following.

      Its not that Google are any better than anyone else, they just haven't been caught screwing up as badly as most others.

    2. Re:Well duh by Z00L00K · · Score: 4, Insightful

      Just see it this way - it's sometimes easier to log every information available when collecting the data and then filter out the interesting parts later. Especially when it's in the prototype state. And suddenly a prototype goes into production just because it works good enough.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    3. Re:Well duh by LordLimecat · · Score: 3, Interesting

      Its not that Google are any better than anyone else

      I would argue that; whether for PR reasons, technical reasons, or other, most of google's offerings are open in some way or other-- Gmail, for example, seems to be the only major email provider that does not restrict auto-forwarding, or client access, or contact export, or anything else. Yahoo, MS, and AOL all have some form of lock-in.

      So forgive me if I tend to cut them rather more slack than MS or AOL; the best thing about google is that if they ever become the Super Boogeyman, I can just pick up my data and leave.

    4. Re:Well duh by spleen_blender · · Score: 1

      Hypocrisy is not something the general public tolerates much. For a company to make well known that phrase "Do no evil" it means they are risking being a hypocrite. It isn't a guarantee, but a promise. Promises can be broken. We have to hold them to it just like anything else someone has promised you.

    5. Re:Well duh by Pharmboy · · Score: 2, Insightful

      I agree that Google is the lesser of all the available evils. That just goes to show you how fucked up the choices are. Then again, any public corporation is beholden to make each quarter look better than the last, and money is not only the first priority, but #2, #3 and often #4 as well. Protecting consumer privacy is pretty low on that list.

      --
      Tequila: It's not just for breakfast anymore!
    6. Re:Well duh by denmarkw00t · · Score: 1

      filter out the interesting parts later

      Sure, but they've been collecting this information for what, at least 3 years? If they indeed haven't been filtering it out "later," and I would consider three years to be "later," then that would raise at least a yellowish-orange flag to me.

    7. Re:Well duh by khchung · · Score: 2, Interesting

      Just see it this way - it's sometimes easier to log every information available when collecting the data and then filter out the interesting parts later. Especially when it's in the prototype state. And suddenly a prototype goes into production just because it works good enough.

      Yeah, right. Why not use this to justify the Sony rootkit too: "It's easier to just root the PC when preventing unauthorized action being done to the CD. And suddenly a prototype goes into production just because it works good enough."

      Do you buy that?

      No, the truth is people are defending Google not because it make sense, but because they want to believe Google is the good guy. This is no different from Creationists wanting to believe their idea in face of opposing evidence, it's only matter of degree.

      --
      Oliver.
    8. Re:Well duh by yuhong · · Score: 1

      Then again, any public corporation is beholden to make each quarter look better than the last, and money is not only the first priority, but #2, #3 and often #4 as well. Protecting consumer privacy is pretty low on that list.

      I know, there is a push by people like Roger Martin to move away from shareholder value and the quarterly earnings game, and I (and Google too!) support it.

    9. Re:Well duh by NoOneInParticular · · Score: 2, Informative

      Not really, their corporate slogan is "Don't be evil", that at least gives them some wiggle room.

    10. Re:Well duh by eric-x · · Score: 1

      Yes because recollecting data from all over the world is just as much trouble as recompiling software.

    11. Re:Well duh by wallsg · · Score: 1

      It's amazing all of the Google Fan Boys here (whether they realize that's what they are or not) defending Google. Substitute "Microsoft" for "Google" and watch the steady stream of bile that would commence.

    12. Re:Well duh by Pharmboy · · Score: 2, Interesting

      the truth is people are defending Google not because it make sense, but because they want to believe Google is the good guy.

      Truer words were never spoken. We need good guys, and will invent them if necessary. All of our historic "legends" were likely nothing like the myths that surrounded them, and some were outright asshats. In popular culture (Star Trek specifically), I love how Zephram Cochrane was actually just trying to get rich when he came up with the warp drive, there was no "higher calling" to it. Even art gets it.

      There are no good guys when it comes to capitalism. Don't get me wrong, it's the only system for me, but what you have are "bad guys", "evil guys", and "guys that usually play by the rules", and that is about as good as it gets. It is in our nature. The real "good guys" never truly succeed, partially because success isn't worth the price they would have to pay: A willingness to be ruthless when it is required.

      In short, Google is simply the lesser of all the available evils. Perhaps their motto should be "Do less evil".

      --
      Tequila: It's not just for breakfast anymore!
    13. Re:Well duh by Anonymous Coward · · Score: 0

      No, you just want to hate Google so much that you're willing to ignore the difference between intentionally writing a rootkit and inadvertently logging more than was intended.

    14. Re:Well duh by gfreeman · · Score: 1

      Actually, it's to organize the world's information and make it universally accessible and useful.

      That "Don't be evil" thing is totally unofficial.

      --
      Ceci n'est pas un sig.
  3. Inadvertent Or Not ... by WrongSizeGlass · · Score: 4, Insightful

    Inadvertent or not Google broke laws in some countries. Accidentally breaking the law doesn't eliminate responsibility or culpability - even if people shouldn't have left their WiFi unsecured.

    If I accidentally run over someone with my car because I wasn't paying attention to what I was doing, it doesn't absolve me of the liability - even if that old lady had it coming, er, was jaywalking.

    1. Re:Inadvertent Or Not ... by Kenoli · · Score: 1

      If I accidentally run over someone with my car

      The difference between that and accidentally storing useless bits of data is obvious.

    2. Re:Inadvertent Or Not ... by Gaygirlie · · Score: 1

      If I accidentally run over someone with my car because I wasn't paying attention to what I was doing, it doesn't absolve me of the liability - even if that old lady had it coming, er, was jaywalking.

      Ah, but those people had left their wireless access points completely unsecured and as thus your comparison would have to be more like that the old lady ran on the street while the lights were still red, ie. it was her own fault.

    3. Re:Inadvertent Or Not ... by WrongSizeGlass · · Score: 1

      The difference between that and accidentally storing useless bits of data is obvious.

      This is /. and I was required to use a car analogy. I could have just as easily said "If I find an iPhone prototype and use the personal information in it to accidentally steal someone's identity, it doesn't absolve me of the liability - even if that old lady had it coming, er, left her iPhone behind in that bar."

    4. Re:Inadvertent Or Not ... by Anonymous Coward · · Score: 0

      The difference between that and accidentally storing useless bits of data is obvious.

      This is /. and I was required to use a car analogy. I could have just as easily said "If I find an iPhone prototype and use the personal information in it to accidentally steal someone's identity, it doesn't absolve me of the liability - even if that old lady had it coming, er, left her iPhone behind in that bar."

      No it's more like picking up your iPhone off of a table in a public place and later realizing that it wasn't your iPhone and that the iPhone has classified information on it (which shouldn't be there in the first place).

    5. Re:Inadvertent Or Not ... by D+Ninja · · Score: 3, Insightful

      You are correct, but that assumes the law makes sense in the first place. While Google may have broken a law, it's better to ask about (and get changed) laws that should not exist (or only exist to make politicians feel as if they are accomplishing something).

    6. Re:Inadvertent Or Not ... by slimjim8094 · · Score: 5, Insightful

      They may have broken the letter of the law, but almost positively not the spirit. In any case, the law is seriously flawed if it prevents Google's activity. And here's why:

      People were going to great lengths to literally broadcast the information into the car. How the hell can Google be held responsible for hearing it? If you put 50kW of The Office into my house from a hundred miles away, how is it illegal for me to watch it? And I know it's not illegal for me to record it.

      You don't *need* any analogies for this situation - IT'S A BROADCAST. They're all radio waves. Everybody understands FM, AM, TV broadcasts and would think it absolutely ridiculous for a broadcaster to get all up in arms about somebody receiving it. That's what WiFi is, but with somewhat less power, so it comes up less often.

      Can everybody PLEASE stop using analogies? They only serve to cloud the issue, and everybody already understands radio. It's a matter of making it clear to everybody that WiFi is radio.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    7. Re:Inadvertent Or Not ... by MoHaG · · Score: 1

      If I accidentally run over someone with my car because I wasn't paying attention to what I was doing, it doesn't absolve me of the liability - even if that old lady had it coming, er, was jaywalking.

      Accidentally overhearing / recording classified information (say, while dictating) on the street is a better analogy...

    8. Re:Inadvertent Or Not ... by WrongSizeGlass · · Score: 4, Funny

      You don't *need* any analogies for this situation - IT'S A BROADCAST. They're all radio waves. Everybody understands FM, AM, TV broadcasts and would think it absolutely ridiculous for a broadcaster to get all up in arms about somebody receiving it. That's what WiFi is, but with somewhat less power, so it comes up less often.

      Can everybody PLEASE stop using analogies? They only serve to cloud the issue, and everybody already understands radio. It's a matter of making it clear to everybody that WiFi is radio.

      So you're saying I should have used a radio controlled car analogy? OK, but I've never used one of those to run over an old lady before.

    9. Re:Inadvertent Or Not ... by drew30319 · · Score: 3, Interesting

      Inadvertent or not Google broke laws in some countries. Accidentally breaking the law doesn't eliminate responsibility or culpability - even if people shouldn't have left their WiFi unsecured. If I accidentally run over someone with my car because I wasn't paying attention to what I was doing, it doesn't absolve me of the liability - even if that old lady had it coming, er, was jaywalking.

      Not necessarily. If a law in a country is based on strict liability then you are probably correct because strict liability does not require a "guilty state of mind." For example, statutory rape in the U.S. is generally a strict liability crime (e.g. it wouldn't necessarily help Adam if he truly believed that Eve was of legal age if in reality she's a minor because state of mind isn't a factor for strict liability crimes).

      However, strict liability isn't the only level of culpability; in the U.S. the other levels are negligently, recklessly, knowingly, and purposefully. To use your driving example: if somebody were driving negligently (shown by not paying attention) and hit an old lady who is jaywalking it is a very different matter than if he is driving recklessly (shown by steering with his feet) or purposefully (shown by keeping a tally on his website of how many old ladies he has run over). If the jaywalking old lady is killed, this distinction may mean the difference between manslaughter and murder.

      To apply these culpability levels to the issue at hand it will be necessary to look to the statutes themselves; if the statute defines "illegal data collection" as being an act that is done purposefully, then negligence may not rise to that level. If it is determined that an error in Google's code is the reason behind the data collection and that the presence of the error in the code is due to negligence on the part of Google then it's entirely possible that no law was broken.

      --
      JAGga.me ----> Producing video games addressing emotional health and wellness issues affecting teens.
    10. Re:Inadvertent Or Not ... by xaxa · · Score: 1

      In any case, the law is seriously flawed if it prevents Google's activity. And here's why:

      People were going to great lengths to literally broadcast the information into the car. How the hell can Google be held responsible for hearing it?

      Because Google went to equally "great lengths" to receive the data, and store it.

    11. Re:Inadvertent Or Not ... by Josef+Meixner · · Score: 2, Informative

      So you say a law making it illegal to capture, store and distribute personal data is bogus? Because that is the German version of the law you just attacked. You know, that law also makes it illegal to scrape websites and build a database of mail-addresses to spam. It makes it illegal for merchants to collect data from their customers and sell it behind their back. It makes it illegal to combine data from multiple sources to create a profile. It even is forcing some of the data collection companies to open their data and gives everybody the right to see, what they have collected (those companies have an exception and create something similar to the US credit scores), something they wouldn't have to do otherwise. The law makes sense because it doesn't try to narrowly define for each case what is allowed and what not, instead it defined some simple principles and tries to protect the privacy of citizens.

    12. Re:Inadvertent Or Not ... by RobertM1968 · · Score: 1

      Inadvertent or not Google broke laws in some countries. Accidentally breaking the law doesn't eliminate responsibility or culpability - even if people shouldn't have left their WiFi unsecured. If I accidentally run over someone with my car because I wasn't paying attention to what I was doing, it doesn't absolve me of the liability - even if that old lady had it coming, er, was jaywalking.

      Actually, it does change things to some extent. Manslaughter becomes murder (didnt see the old lady, or saw her and ran her down intentionally). Same applies here in a similar fashion. Illegal? Yes. As illegal as if it was done intentionally? No, probably not (if these countries' laws are similar to US ones).

    13. Re:Inadvertent Or Not ... by c6gunner · · Score: 1

      So you say a law making it illegal to capture, store and distribute personal data is bogus

      That depends on how you define the words "personal" and "data". If I copy down 2 digits from your credit card number, I've "captured" your "personal data", but there's dick-all I can do with it. Likewise, if I copy down your full name and address from the phone book, I've "captured" a chunk of your "personal data" which may actually be useful, but did I do anything wrong?

    14. Re:Inadvertent Or Not ... by BlueFireIce · · Score: 1

      Actually, if the person was jaywalking, they are often found mostly or fully responsible for the events. Wile courts do tend to apply a higher standard of care to drivers than they do to pedestrians, it would still be the pedestrians fault. If the pedestrian does not have a marked crossing section where cars are required by law to yield or does not have a signaled crossing where the car has to yield (say like a secured WiFi, which you have to yield at, or "stop" at) then it is the responsibility of the pedestrian to yield.

    15. Re:Inadvertent Or Not ... by slimjim8094 · · Score: 3, Interesting

      People go to greater lengths than Google did to receive TV broadcasts, such as from outside the usual service area. It's a whole hobby - see http://en.wikipedia.org/wiki/TV_and_FM_DX

      This is a case of people of people who purchased a product to send and receive information to all computers in a particular radius, and are then upset when Google finds itself inside that radius and receives the information it's being sent. That's not exactly 'great lengths'.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    16. Re:Inadvertent Or Not ... by amRadioHed · · Score: 1

      Intent does make a big difference in the law. If you run someone over because you were negligent you are responsible for manslaughter. If you ran the same person over on purpose you are responsible for the much more serious crime of murder.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    17. Re:Inadvertent Or Not ... by Tom · · Score: 2, Interesting

      IT'S A BROADCAST

      Other than radio, it is an addressed broadcast. See, every packet has a destination written on it. That makes the argument a little more interesting. It is more like a postcard - yes, you can read it (no encryption), but it has an address. The law considers postcards to be covered by the telecommunications privacy regulations.

      --
      Assorted stuff I do sometimes: Lemuria.org
    18. Re:Inadvertent Or Not ... by breser · · Score: 1

      The law is not nearly as simplistic as you make it sound. Some laws require mens rea. Some laws are strict liability. Some laws require specific intent. I can't say I'm knowledgeable of the situation with the laws that Google violated, but they may be guilty of anything depending of how the law is actually written.

      I'd suggest that you search for some of the terms above and read up.

    19. Re:Inadvertent Or Not ... by Kenoli · · Score: 2, Interesting

      This is /. and I was required to use a car analogy. I could have just as easily said "If I find an iPhone prototype and use the personal information in it to accidentally steal someone's identity, it doesn't absolve me of the liability - even if that old lady had it coming, er, left her iPhone behind in that bar."

      Nonsense. Maybe you should come up with an analogy that doesn't involve anything being damaged, destroyed, killed, or harmed in any way, and with the action being invisible to the supposed victim.

    20. Re:Inadvertent Or Not ... by Gordonjcp · · Score: 3, Informative

      It is more like a postcard - yes, you can read it (no encryption), but it has an address.
      ... except for the broadcast packets.

    21. Re:Inadvertent Or Not ... by tycoex · · Score: 1

      Terrible analogy. They didn't put a password on their wi-fi, which happens to be streaming radio waves everywhere!. It's more like if you accidentally run someone over with your car because they jumped out in the middle of a 70mph highway that you happened to be driving on.

    22. Re:Inadvertent Or Not ... by DamnStupidElf · · Score: 1

      Because Google went to equally "great lengths" to receive the data, and store it.

      Before the age of digital tuners in stereos, I can recall carefully adjusting the tuner knob so that the tape I was recording would have less static.

      Shame on me.

    23. Re:Inadvertent Or Not ... by DamnStupidElf · · Score: 3, Informative

      Other than radio, it is an addressed broadcast. See, every packet has a destination written on it. That makes the argument a little more interesting. It is more like a postcard - yes, you can read it (no encryption), but it has an address. The law considers postcards to be covered by the telecommunications privacy regulations.

      At best it's more like a public bulletin board in your neighborhood. You write the name of the intended recipient on the postcard, and pin it to the board. There are no magic RF fairies that deliver your 802.11 packets only to the intended recipients.

    24. Re:Inadvertent Or Not ... by debatem1 · · Score: 2, Interesting

      I do not understand this argument. How is your data private if its sitting out in open air? That's like saying that just because I was yelling in public doesn't mean you have a right to hear what I was saying if I wasn't yelling *at you*.

    25. Re:Inadvertent Or Not ... by ducomputergeek · · Score: 1

      Thing is many of these countries use civil law as opposed to common law. In civil law countries, it is indeed the letter of the law that matters. The "spirit" of the law can be argued in common law countries, but bares little or no weight in most European courts.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    26. Re:Inadvertent Or Not ... by zuperduperman · · Score: 3, Informative

      distribute personal data

      It is important to note that Google didn't distribute the data. Nobody is even suggesting that (I know, not even you). People are behaving as if Google published this data on Street View - "here are the packets you can find 101 Johnson st!". As far as we know (and as Google has stated) they did not ever even look at this data.

      If there's a law against only storing such data it almost runs into philosophy - is something stored if it is never accessed? Is just the potential to access it enough, even if they never do? (does a tree falling in a wood make a sound if nobody is there to hear it?). If just the potential to access it is enough then we're all guilty because we all have the "potential" to access the open Wifi networks in the first place.

    27. Re:Inadvertent Or Not ... by squidinkcalligraphy · · Score: 2, Insightful

      The law considers postcards to be covered by the telecommunications privacy regulations.

      So Google action's here are similar to looking at the receiver and sender addresses, and the postage stamp on the postcard, and reading a few words of the card in the process. Don't tell me that postal workers won't inadvertently catch a word or two of someone's postcard when reading the public information of the addresses?

      --
      "I think it would be a good idea" Gandhi, on Western Civilisation
    28. Re:Inadvertent Or Not ... by tftp · · Score: 1

      If I copy down 2 digits from your credit card number, I've "captured" your "personal data", but there's dick-all I can do with it.

      It may well be that one day I paid with my c/c and you noted first two digits. Indeed nothing you can do with them. Next day I again paid with my c/c and you noted next two digits. Now it makes four. Next day ... [repeat until the logical end.] This is how you can get my entire c/c record. Any single observation is useless; but when combined they are very much useful.

      The law in question doesn't try to measure the harm of each individual intercept because that would also require consideration of cumulative harm. The society instead decided to prohibit all intercepts since they have hardly any social advantages to begin with. One could argue that the society should benefit from Google's WiFi-assisted mapping, but that "should" is very subjective. Some people want more privacy than the other, even if they are not competent enough to configure their WiFi better (or not to run it.)

      A professional of privacy studies would lock and bar the door; a casual user of privacy would just hang a note "please do not enter" on an unlocked door. Unless you have a good reason to believe that some particular access point is public (free for anyone to connect) you should assume that the "do not enter" note is present, along with the SSID of the AP. Entering, or listening at the door is rude.

      Likewise, if I copy down your full name and address from the phone book, I've "captured" a chunk of your "personal data" which may actually be useful, but did I do anything wrong?

      It depends on how you use that data. This example is different from the c/c number because there is a value in publishing people's addresses and phone numbers (at least to Terminators; I don't know anyone else who uses phone books.) Besides, there is an easy way to have an unlisted phone number.

    29. Re:Inadvertent Or Not ... by c6gunner · · Score: 4, Interesting

      It may well be that one day I paid with my c/c and you noted first two digits. Indeed nothing you can do with them. Next day I again paid with my c/c and you noted next two digits. Now it makes four. Next day ... [repeat until the logical end.] This is how you can get my entire c/c record. Any single observation is useless; but when combined they are very much useful.

      Yep, which would require a concerted effort to gather the required data, not just a single drive-by capture of a small portion of your CC number. If I came back enough times, then yes, I could get the info, but why would I bother? If I were interested in your CC, I'd just copy down the whole damn thing the first time.

      Anyway, if google wanted access to the data you were sending back-and-forth between your computer and router, it'd be pretty pointless for them to go grab a few dozen packets every couple weeks since the data is unlikely to be related. It would be like me coming over to your house every few weeks, writing down 2 numbers from a random document that you have lying around, and hoping to eventually construct a CC number from the jumble I've gathered. The CC analogy is a fun one, but doesn't really reflect the situation.

      The society instead decided to prohibit all intercepts since they have hardly any social advantages to begin with.

      If that were true, I could go to jail every time windows picks up a new access point.

      Besides, there is an easy way to have an unlisted phone number.

      There is an easy way to encrypt your packets.

    30. Re:Inadvertent Or Not ... by tftp · · Score: 2, Interesting

      Is something stored if it is never accessed?

      Imagine that you had some inconvenient photos, and if those photos are "accessed" your political career will end. Someone stole the photos. But they called you to assure that those photos will be never accessed. Will that be as good as if you personally destroyed all media those photos were on?

      If just the potential to access it is enough then we're all guilty because we all have the "potential" to access the open Wifi networks in the first place.

      I can't imagine a sane situation where a potential to commit a crime is the same as the crime itself. However one guy was recently arrested (illegally) and his lawful property "held" for a crime that other people thought he might be considering committing in the future.

    31. Re:Inadvertent Or Not ... by Anonymous Coward · · Score: 0

      You are making a technical argument and, in doing so, completely missing the point. Your technical argument may be 100% correct and still Google screwed up.

      The problem is that the Internet is now a consumer grade technology. Billions of people use it. One of the most common ways of connecting is via a WiFi WAP. Probably 99.9% of those billions of consumers have no concept of "how" the WAP works, or the difference between WEP, WPA, WPA2, or any of the other technologies they could/should use.

      Blame the WiFi standards groups? Maybe a little. Blame the consumer? Perhaps. But Google is loaded with engineers who know better, and if they don't then they better start learning, pronto. The corporate motto is "Don't be evil" after all, or is that just pandering?

      The consumer expectation is that they can buy and plug in a WAP and it works and doesn't expose them to problems. To the extent that Google violated consumer expectations, simply by collecting information those poorly informed consumers were broadcasting, then that's Google's problem.

      Expecting the billions of consumers to educate themselves to the point where they make these things impossible, that's a fools errand.

    32. Re:Inadvertent Or Not ... by tftp · · Score: 1

      Yep, which would require a concerted effort to gather the required data

      And, as I suggested, the law forbids every individual element of such an effort simply because this way there is no need to prove that a concerted effort was ever attempted. In other words, it is illegal for you to give me a non-fatal dose of a poison (even though it won't kill me) because if you do it several times I will die. The law doesn't want to know if you did it several times or got scared after a first few doses. Each such attempt is a crime in itself, just because there is no lawful reason to covertly administer small, non-lethal doses of poison.

      If that were true, I could go to jail every time windows picks up a new access point.

      The SSID is public information (like a name plate on the door,) and as far as I know Windows doesn't capture anything else. Google captured and stored everything.

      There is an easy way to encrypt your packets.

      First, many people are not sufficiently geeky to even attempt that. I don't think we can deny them the safety and the privacy just because we, geeks, have the knowledge to break into their poorly configured networks and do whatever we want on their LANs. A door, locked or not, is not a sufficient protection against a burglar. However a closed door means "do not enter," and anyone who ignores this norm of the society is behaving antisocially.

      Second, WiFi can use several encryption methods, and different devices on the network may support some subset of them. Not all supported encryption modes work well in all devices. For example, I recall having a router that liked to drop encrypted connections now and then. Sometimes a device is an embedded 802.11 module, with minimum interface. Sometimes it is an old PDA, or a new smartphone... In all cases the unencrypted connection is the lowest common denominator, and it is the one that has the best chance of working well. There is also performance penalty for encryption, that might be important if you stream video from cameras, for example. Also if there are guest devices, it is quite inconvenient to distribute key material to guests (and then worry about its security, or change the keys after guests leave.)

      It is true that a hardcore privacy enthusiast should do everything in their power to hide, encrypt and otherwise make their communication invisible to others. But there are well understood reasons to not do so and still expect other people to be polite enough to not spy. Most people don't have steel sheets for curtains, though many common curtains can be seen through... people just expect that nobody would be peering into their windows at night. Curtains are a sign to "keep out", not a barrier.

    33. Re:Inadvertent Or Not ... by yyxx · · Score: 1

      Inadvertent or not Google broke laws in some countries.

      It's not clear whether they did; it depends on whether you consider these kinds of broadcasts to be "private". Historically, unencrypted packet radio has not been considered private. In every country where this has come up, new law is being made using this case, often in an atmosphere of FUD and political opportunism.

    34. Re:Inadvertent Or Not ... by DerekLyons · · Score: 2, Informative

      People were going to great lengths to literally broadcast the information into the car. How the hell can Google be held responsible for hearing it?

      Google isn't being held responsible for hearing it - Google is being held responsible for storing and indexing it.
       

      They only serve to cloud the issue, and everybody already understands radio. It's a matter of making it clear to everybody that WiFi is radio.

      You don't even understand what the issue is - you shouldn't be lecturing other people.

    35. Re:Inadvertent Or Not ... by Anonymous Coward · · Score: 0

      lol you're dumb huh

    36. Re:Inadvertent Or Not ... by Tom · · Score: 2, Insightful

      So Google action's here are similar to looking at the receiver and sender addresses, and the postage stamp on the postcard, and reading a few words of the card in the process. Don't tell me that postal workers won't inadvertently catch a word or two of someone's postcard when reading the public information of the addresses?

      Postal workers do not save a copy of it, and they don't save copies of thousands and thousands of postcard texts. I'm pretty sure that if one of them did, he would be in just as much trouble.

      So we agree, I assume?

      --
      Assorted stuff I do sometimes: Lemuria.org
    37. Re:Inadvertent Or Not ... by Tom · · Score: 2, Insightful

      I do not understand this argument. How is your data private if its sitting out in open air?

      We're talking about electro-magnetic waves here, right?

      Light is electro-magnetic waves. So what you're saying is that anyone looking into my private house can not possibly ever violate my privacy, because I was "broadcasting" it into open air, right? I could close the curtains, after all.

      While that is true (closing the curtains), the reverse is not. Just because I did not close the curtains does not automatically mean you can point a camera at my bedroom and that's ok.

      I don't know if geeks just don't get it at times, but many of the laws we have on our books are there exactly because it is easier to make it illegal than to force everyone to adopt security protocols. According to the arguments posted here, we wouldn't need laws against breaking and entering - after all, everyone could just install strong enough locks and doors and windows if they didn't want their homes to be broken into.

      That is not the thinking that makes a society work. A society works by agreeing on what kinds of activities we want or don't want, and then writing that down. If we don't want people listening in on open WiFi traffic, we can write that down. It is an alternative approach to forcing everyone to run encryption. It's called "laws".

      You can argue all you want about encryption and broadcast and bla bla, but the fact remains that this simple, straighforward approach of writing something down we don't want people to do even when it's easy has been fairly successfull for a couple thousand years now.

      --
      Assorted stuff I do sometimes: Lemuria.org
    38. Re:Inadvertent Or Not ... by Tom · · Score: 2, Informative

      ... except for the broadcast packets.

      Which don't contain e-mail addresses, passwords and HTTP traffic, which this was all about, so your argument is what, exactly?

      --
      Assorted stuff I do sometimes: Lemuria.org
    39. Re:Inadvertent Or Not ... by Gordonjcp · · Score: 2, Insightful

      If you stand on the street shouting your home telephone number, don't be surprised if someone phones it.

    40. Re:Inadvertent Or Not ... by Jesus_666 · · Score: 1

      Of course many people here argue that negligience means you go scot-free because hey, you didn't mean it. And if anyone else involved hasn't acted in a way appropriate for a safety professional you also go scot-free because hey, they had it coming. At least they argue that if you're Google.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    41. Re:Inadvertent Or Not ... by c6gunner · · Score: 1

      And, as I suggested, the law forbids every individual element of such an effort simply because this way there is no need to prove that a concerted effort was ever attempted.

      Yep, the old guilty-until-proven-innocent approach. Governments LOVE being given that kind of power. Why bother proving that the accused had malicious motives and did something worth punishing, when you can just make laws that are so broad that EVERYONE will violate them.

      In other words, it is illegal for you to give me a non-fatal dose of a poison (even though it won't kill me) because if you do it several times I will die.

      So if I give you a bag of apples, I'll go to jail. Makes sense.

      The SSID is public information (like a name plate on the door,) and as far as I know Windows doesn't capture anything else.

      I agree, but so is everything else that you put outside your door, or anything you do with your door or curtains open. If you're broadcasting unencrypted data over the airwaves, that IS public information. You don't get to complain when someone with a CB accidentally picks up a conversation being transmitted by your baby-monitor, or when someone intercepts a conversation you're having over a short-range radio with your poaching buddies, about how many illegal kills you've made this season (and yeah, both examples are something I've been a part of). If you're beaming data through the air without taking even the slightest precautions, then you clearly either don't consider the information particularly private, or are too stupid to be using that technology in the first place.

      However a closed door means "do not enter," and anyone who ignores this norm of the society is behaving antisocially.

      Sure, but an unencrypted access-point is an OPEN door. To extend your analogy - you're arguing that it doesn't matter if the door is closed or open, because some people are too stupid to close their door.

    42. Re:Inadvertent Or Not ... by Anonymous Coward · · Score: 0

      People were going to great lengths to literally broadcast the information into the car. How the hell can Google be held responsible for hearing it? If you put 50kW of The Office into my house from a hundred miles away, how is it illegal for me to watch it? And I know it's not illegal for me to record it.

      I'm glad you used that analogy, because it shows your ignorance of laws in other countries. Your analogy sounds very much like having a law requiring you to pay a licence fee to receive television broadcasts, which a number of countries have, like the UK for example.

      Basically, it is illegal because there is a law making it illegal, and like it or lump it, Google has no special dispensation to break the law, even if it was accidental and there was no ill intent.

      Google used special equipment (custom modified software) to record this data, and it was their responsibility to make sure it complied with the law.

    43. Re:Inadvertent Or Not ... by koh · · Score: 1

      Not where I live. Here, the old lady may be walking, jaywalking, dancing, tumbling or crawling, be it inside or outside of crossing sections, if you hit her, you're fully responsible.

      Makes sense, actually. What about young children? Is it also their responsibility to yield where you live?

      --
      Karma cannot be described by words alone.
    44. Re:Inadvertent Or Not ... by debatem1 · · Score: 1

      I do not understand this argument. How is your data private if its sitting out in open air?

      We're talking about electro-magnetic waves here, right?

      Light is electro-magnetic waves. So what you're saying is that anyone looking into my private house can not possibly ever violate my privacy, because I was "broadcasting" it into open air, right? I could close the curtains, after all.

      Yeah, pretty much. There was a couple a few years ago who got busted in their own house for fucking in front of a huge picture window that let out onto the street.

      While that is true (closing the curtains), the reverse is not. Just because I did not close the curtains does not automatically mean you can point a camera at my bedroom and that's ok.

      It doesn't automatically make it so- but it doesn't rule it out either. It becomes a question of intent, and I think google had a perfectly plausible intent here.

      I don't know if geeks just don't get it at times, but many of the laws we have on our books are there exactly because it is easier to make it illegal than to force everyone to adopt security protocols.

      You seem very passionate about this, but it doesn't actually mean anything. I'm not forcing everybody to live behind steel doors, I'm just saying don't fuck in public and think that it was between you and her.

      According to the arguments posted here, we wouldn't need laws against breaking and entering - after all, everyone could just install strong enough locks and doors and windows if they didn't want their homes to be broken into.

      Note that WEP- trivially breakable- would still have been dropped here. There was no effort to break in, only to observe what was already out in the open.

      That is not the thinking that makes a society work. A society works by agreeing on what kinds of activities we want or don't want, and then writing that down.

      Ok, so, I disagree with you; stop writing that down.

      If we don't want people listening in on open WiFi traffic, we can write that down. It is an alternative approach to forcing everyone to run encryption.

      Again, not what I am arguing.

      It's called "laws".

      You can argue all you want about encryption and broadcast and bla bla, but the fact remains that this simple, straighforward approach of writing something down we don't want people to do even when it's easy has been fairly successfull for a couple thousand years now.

      We can also disagree with those laws and their application. What has been is not necessarily what should be, and in this case I disagree- so find a better reason than "we've always done it this way".

    45. Re:Inadvertent Or Not ... by BlueFireIce · · Score: 1

      Then please state where you live, or provide a link to your States Vehicle Code showing this. As I have never heard of such a thing, where someone who is jaywalking holds no responsibility for causing the incident.

    46. Re:Inadvertent Or Not ... by koh · · Score: 1

      Well, I live in Europe, so I don't have a States Vehicle Code. Not yet, anyway, but for now traffic law mostly remains in the hands of each member state.

      So, if you'd like to visit someday and dive around a little, please keep in mnd that hitting a pedestrian always results in full responsibility on your part, even if said pedestrian is drunk out of his mind and throws himself on your vehicle. We have that thing in our Code that says "the driver MUST remain in control of his vehicle AT ALL TIMES", and they really mean it.

      That may sound stupid, but it's not, actually. We also have 30 km/h (<20 mph) speed limits around most residential areas. That helps a lot.

      --
      Karma cannot be described by words alone.
    47. Re:Inadvertent Or Not ... by Pzychotix · · Score: 1

      Except thousands of copies of your postcard aren't thrown into the air for every single postcard you mail out. Not even close. At best, it's still radio communications, except you're saying the name of the recipient before every statement.

    48. Re:Inadvertent Or Not ... by slimjim8094 · · Score: 1

      The only thing they indexed was identifier/location pairs, which are - by definition - public knowledge. Everybody's entitled to know their current location, and the SSID/MAC/whatevers are broadcasted for the express purpose of distinguishing all the base stations in the area.

      Nobody's seriously alleging that they made a database of passwords, or website access by location, so they certainly aren't indexing that - unless you consider a file allocation table to be an index in this context.

      They may have stored the packets incidental to building a location database, and they should've deleted them. But, as Kismet stores all packets by default, it's not like they went out of their way to hold onto them. In fact, it's pretty clear that they didn't know this was happening - hence the announcement.

      The very simple fact of the matter is that I, and everyone else, is and has been perfectly entitled to record any piece of RF, audio, or video that runs into me. The only exceptions I can come up with are no-camera areas which rely on device control, and unencrypted cell phone calls from the AMPS days, and those were quickly encrypted anyways.

      Look at TV, radio, police frequency scanners, radar detectors, cantennas, telescopes, or listening through the walls at the couple shouting (or fucking) next door. They range from common to creepy, but with the exception of the radar detector (in 2 states), they're all legal. And I can record any of them.

      Precedent and law overwhelmingly states that you can do whatever the hell you want with radio/light or sound waves that reach your eyes/ears/antennas.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    49. Re:Inadvertent Or Not ... by DerekLyons · · Score: 1

      Nobody's seriously alleging that they made a database of passwords, or website access by location, so they certainly aren't indexing that

      Yes, they had all this location data - and they didn't index it by location. Oh, wait. They did didn't they - because that was exactly the reason they collected it in the first place.
       

      They may have stored the packets incidental to building a location database, and they should've deleted them. But, as Kismet stores all packets by default, it's not like they went out of their way to hold onto them. In fact, it's pretty clear that they didn't know this was happening - hence the announcement.

      Under the law, if you do it - you're responsible. "I didn't know the gun was loaded" doesn't fly.
       

      Precedent and law overwhelmingly states that you can do whatever the hell you want with radio/light or sound waves that reach your eyes/ears/antennas.

      Cite me the precedent and law that states that it's legal for a corporation to store and index that information. Doubly so since it isn't even remotely supported that you can do 'whatever the hell you want' with data that reaches you. Hint: try being a Peeping Tom and playing that card in your defense, you won't find a lawyer, judge, or jury in the Western world that will buy that.
       
      Or, in other words, you're making shit up without a single clue what you're talking about.

    50. Re:Inadvertent Or Not ... by Tom · · Score: 1

      Now that's a much better spirit.

      Yes, discussion about the laws should always be an ongoing process. After all, the world changes, so should our laws.

      And indeed they do. A recent court ruling here in Germany already said that if you don't encrypt your WiFi, you are responsible for what people who can access it freely do. The reverse argument - if you encrypt it, you can consider it private - is not far off.

      Nevertheless, since we do not, at this time, have such standards, I still maintain it was not ok for Google to simply copy it all down. Someone at Google didn't think enough. I don't say they had evil intend, as some paranoid people here do. But there is such a thing as neglect.

      --
      Assorted stuff I do sometimes: Lemuria.org
    51. Re:Inadvertent Or Not ... by debatem1 · · Score: 1

      And indeed they do. A recent court ruling here in Germany already said that if you don't encrypt your WiFi, you are responsible for what people who can access it freely do.

      This I disagree with; blaming the medium for the message is like yelling at sewer workers because I flung poo at your house.

      The reverse argument - if you encrypt it, you can consider it private - is not far off.

      This I agree with; what has clearly been kept private should not be infringed except under truly extraordinary circumstances, and these, by their very unremarkability, would clearly not qualify.

      Nevertheless, since we do not, at this time, have such standards, I still maintain it was not ok for Google to simply copy it all down.

      Again though, why not? Google kept private forever what you made public for a moment. That's the danger of making things public, a danger you accept when you decide to leave your wifi open.

      Someone at Google didn't think enough.

      Clearly- but not criminally.

      I don't say they had evil intend, as some paranoid people here do. But there is such a thing as neglect.

      Neglect applies a grievous harm test to the action, which is clearly not met here; you would have to change the law as surely to get over this hurdle as I would to make the matter utterly within the law.

    52. Re:Inadvertent Or Not ... by D+Ninja · · Score: 1

      I don't think we can deny them the safety and the privacy just because we, geeks, have the knowledge to break into their poorly configured networks and do whatever we want on their LANs. A door, locked or not, is not a sufficient protection against a burglar. However a closed door means "do not enter," and anyone who ignores this norm of the society is behaving antisocially.

      Well this is your problem right here. Open wireless access points are like leaving the door open. It's nothing like closing the door, much less locking or barring the door.

      If I see an open door to a place I find interesting, I might just go in and check it out.

    53. Re:Inadvertent Or Not ... by gfreeman · · Score: 1

      please keep in mnd that hitting a pedestrian always results in full responsibility on your part, even if said pedestrian is drunk out of his mind and throws himself on your vehicle.

      Given that it's illegal for a pedestrian to be on a UK Motorway, I'd suggest that your sweeping statement there is incorrect.

      --
      Ceci n'est pas un sig.
    54. Re:Inadvertent Or Not ... by Tom · · Score: 1

      This I disagree with;

      You can, but the court won't care. It heard that argument from the opposing side, and refused it.

      Again though, why not?

      Because a civil society lives by the standard of mutual respect, not by the standard of "whoever finds the most loopholes in the laws, wins". Yes, even though Wall Street and politics look a lot like it. And upper management. You may have noticed these are all areas that very few people think highly of.

      --
      Assorted stuff I do sometimes: Lemuria.org
  4. Common sense. by DamnStupidElf · · Score: 1

    Just don't expect lawmakers or lawyers to have any.

  5. No privacy laws is somehow better?? by Migala77 · · Score: 4, Insightful

    Laws won't stop the bad guys, but if you have laws you can at least punish them if you catch them. Claiming Google are the good guys (based on what? their motto?) and saying therefore there should not be laws is just ridiculous.

    1. Re:No privacy laws is somehow better?? by icebraining · · Score: 2, Insightful

      I don't think Google are the good guys, but I don't agree with criminalizing passive recording of stuff people are *broadcasting* (yes, that's what APs do).

      It's like walking around naked and complaining people are seeing your private parts.

    2. Re:No privacy laws is somehow better?? by RCL · · Score: 3, Insightful

      Well, while you are allowed to see other people on the street (naked or not), making photos of them without asking for their permission may be objectionable.

    3. Re:No privacy laws is somehow better?? by Zarel · · Score: 1

      What if you're recording a movie, and a naked person walks past the spot you're recording, and you accidentally record it, so you apologize and offer to delete what you've recorded, and then five governments intervene?

      --
      Want a high quality FOSS RTS game? Try Warzone 2100!
    4. Re:No privacy laws is somehow better?? by DamnStupidElf · · Score: 1

      Google aims to provide a useful (and most likely free) service for geolocation to millions of people. That is good in my mind. Google is basically acting as a cartographer in this case and mapping the RF environment of the areas they surveyed. It is akin to recording rivers, streams, mountains, roads, bridges, houses, etc. and publishing them in an atlas. People are only upset because we can't personally sense RF and have no idea of just how much public information is currently broadcast on public airwaves.

    5. Re:No privacy laws is somehow better?? by RCL · · Score: 1

      Actually it's more like large Hollywood studio coming to nudist beach and starting filming the surroundings...

    6. Re:No privacy laws is somehow better?? by EdIII · · Score: 1

      I don't think Google are the good guys, but I don't agree with criminalizing passive recording of stuff people are *broadcasting* (yes, that's what APs do).

      It's like walking around naked and complaining people are seeing your private parts.

      I do agree with criminalizing passive recording of private property. Furthermore, I also agree in criminalizing passive recording of public places for corporations and government.

      What's passive mean in this case anyways? They were not actively targeting a single entity? Not exactly true. They were explicitly targeting everyone. I would argue that Google was, in fact, actively recording all of the broadcasts.

      Your analogy is incorrect. Most of the consumers, the unwashed masses, have an extraordinarily small understanding of how technology works and its true affect on their lives. If you asked 1000 people on the street if they thought their Linksys/Netgear/whatever wireless router they bought from Best Buy communicating with their laptops in their house was analogous to them walking around naked outside of their house I am pretty certain you are going to get 0/1000 answering yes.

      If we are seriously going to consider privacy you have to look at two things:

      1) What the reasonable expectations of privacy for a given situation are, and 2) How does it apply to entities at various levels of power with respect to the person being monitored?

      Your analogy is not just wrong, it is simplistic.

      There is a difference between another citizen listening in on my conversation in a public space such as a park, even inadvertently, and the government or Google doing so. That citizen is going to have roughly the same level of power that I do. There are exceptions. I could be bad mouthing another company, and he could be an executive with that company. That differing level of power would be concerning. Powerful people, even though they are citizens, generally have a much greater ability to affect my life than some guy working at McDonald's.

      The government? Let's take Hoover as an example. Would you rather the waiter over hear some of your pro communist sentiments or Hoover? Why? Both the government and Google can do things with the "data" that can affect you in far greater ways than an average citizen.

      It is entirely correct and prudent to treat Google differently than a normal person on the street. It should be a crime for Google to record any packets that are being broadcast from an AP inside a person's home. Google knows better, has a vastly higher level of sophistication, and therefore greater responsibility and culpability for it's actions. Some people are considered deadly weapons and are treated differently in cases of assault. Well, Google is most certainly classified as a deadly weapon, IMHO, when it comes to data capturing of that magnitude.

      I'm sorry, but all the analogies for privacy are usually incorrect and/or simplistic. Yours falls into that category.

    7. Re:No privacy laws is somehow better?? by icebraining · · Score: 2, Interesting

      What's passive mean in this case anyways? They were not actively targeting a single entity? Not exactly true. They were explicitly targeting everyone. I would argue that Google was, in fact, actively recording all of the broadcasts.

      No. Passing scanning/sniffing means they were only receiving packets, not sending. An example is if you're trying to get an hidden SSID: you can either passively wait for a computer to connect to the AP to capture the SSID, or you can actively send "disconnect packets" to force clients to reconnect.

      Your analogy is incorrect. Most of the consumers, the unwashed masses, have an extraordinarily small understanding of how technology works and its true affect on their lives. If you asked 1000 people on the street if they thought their Linksys/Netgear/whatever wireless router they bought from Best Buy communicating with their laptops in their house was analogous to them walking around naked outside of their house I am pretty certain you are going to get 0/1000 answering yes.

      Criminalizing stuff because people are too lazy to learn how to use their own equipment seems dangerous to me.
      In my opinion, that's the AP manufacturers' job. For example, here in Portugal it's now very rare to spot an open personal AP. Why? Because most people buy them from the ISP, which sells them with WPA enabled by default, and the password (generated randomly) printed on the manual (also, the SSIDs seem to have a random component, to "kill" rainbow table attacks).

      I get the "large power hence higher standards", but even so in this particular case it shouldn't be illegal. And the Finnish seem to agree with me, since they made it legal to use networks that allow anonymous logins.

    8. Re:No privacy laws is somehow better?? by Anonymous Coward · · Score: 0

      (also, the SSIDs seem to have a random component, to "kill" rainbow table attacks)

      More likely the SSID is made unique so that people's computers won't try to connect to other networks which use the same SSID. That won't work because they have a different PSK and the result is a tech support call because "the internet doesn't work".

    9. Re:No privacy laws is somehow better?? by grishnav · · Score: 1

      Objectionable is different from illegal.

    10. Re:No privacy laws is somehow better?? by Jesus_666 · · Score: 1

      You mean you're recording a movie, and a naked person walks past the spot you're recording, and you accidentally record it, and then you store it for several months, and the German government finds out and wants to know what you recorded because it might infringe on privacy laws, and only after probing do you admit that you filmed the naked person, so you apologize and offer to delete what you've recorded, and then five governments intervene?

      Because that's how it happened. With a lot of naked persons.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  6. Bogus argument by Anonymous Coward · · Score: 4, Informative

    The argument is that capturing data packets is useful to find the SSID of access points which send beacon frames with blank SSID field or where only a client is within range but not the access point itself. That argument is bogus. The mobile devices which will later use the mapped SSIDs and BSSIDs to calculate their own position do not see anything but the beacon frames. It is therefore entirely sufficient to capture just the beacon frames.

    There is a legitimate argument that Google was just lazy (or "scientific") by capturing everything they can get in the field and analyzing later. There is however no technical reason for this and we should not make one up to defend Google.

    1. Re:Bogus argument by MichaelSmith · · Score: 1

      Yes the argument reads like BS to me:

      The problem with NetStumbler is that while it's easy to use, it isn't comprehensive. It doesn't capture the raw signals from access-points, but instead relies upon the underlying operating system (Windows) to do the work for it. A lot of information is lost in the process. In order to comprehensively map access-points, you need to capture the raw wifi signals and packets, such as through a "packet-sniffer".

      They seem to be claiming that you need a packet sniffer to bypass the operating system. They give the example of how it works in Windows, which I doubt google are using. In practice they would most likely run linux with a hacked wifi card driver which captures the information they want in the way they want.

    2. Re:Bogus argument by DamnStupidElf · · Score: 1

      I assumed that the best way to implement the service on a mobile device would be to enable promiscuous mode on the wireless interface and collect every MAC address that was visible on the interface to send to Google for matching against the database, along with visible SSIDs. MAC:SSID pairs offer quite a bit more redundancy when accounting for changes made to wireless networks, as well as allowing for location detection based on APs with hidden SSIDs. I'd expect that Google is looking to maximize the useful life of its mapping project, and collecting all traffic would allow things like traffic analysis to determine which devices in an encrypted network without a broadcasted SSID were APs and also the ability to account for future changes to those wireless networks. I would not be surprised if they have plans to continually update the database with information from mobile queries (especially mobiles with both GPS and wireless data available), .

      Whether or not it's possible to enable promiscuous capture on most mobile devices to make full use of the data collected is something that I don't know. It's very likely something that could be enabled in Android, at any rate.

    3. Re:Bogus argument by zuperduperman · · Score: 1

      That argument is bogus. The mobile devices which will later use the mapped SSIDs and BSSIDs to calculate their own position do not see anything but the beacon frames

      You are being over-simplistic. Google is trying to estimate the location of the hotspot from only the places their street car can access which some times may be a long way from the hotspot. There may even be hotspots that they cannot see SSIDs for at all but which they can infer exist because they can see other devices communicating with them. That gives them a broad general fix on the location of the hotspot even if they never see it directly. This is undeniably useful for geolocation. You can argue it is wrong for them to intercept the data, but it seems obvious to me it could be useful.

    4. Re:Bogus argument by stephanruby · · Score: 1

      The mobile devices which will later use the mapped SSIDs and BSSIDs to calculate their own position do not see anything but the beacon frames. It is therefore entirely sufficient to capture just the beacon frames.

      The map of beacons is not the territory. Today, a sample every one meter may be required. Tomorrow, your boss may be asking you for a sample taken every ten centimeters. Resolution matters. Resolution for mobile devices may matter too. Not all mobile antennas and receivers are created equal. Some devices will detect wifi SSIDs and BSSIDs with higher resolution and some with less. And having established a good baseline of reference information may be important for that reason as well.

    5. Re:Bogus argument by Jesus_666 · · Score: 1

      A case can be made for intercepting the data but what about storing it? Google collected and kept the data. They'd be in a lot less hot water if they had made efforts to get rid of the payload data as quickly as possible.

      And no, they can't argue that they didn't know it's illegal to store this kind of data in certain countries. They have plenty of lawyers they should have consulted and listened to prior to starting a large-scale data collection campaign in another country.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    6. Re:Bogus argument by Anonymous Coward · · Score: 0

      This is absolutely correct. Regardless of the expectation of privacy, whoever coded this app went out of their way to include payload data in the trace. And as others have posted, there is probably 1000-1M times more data required for storage so it's doubtful this was an oversight or the result of a single rogue programmer.

      DR

  7. O RLY by Anonymous Coward · · Score: 0

    > It's really easy to protect your data: simply turn on WPA.

    hahahahaha. http://www.renderlab.net/projects/WPA-tables/

    1. Re:O RLY by Anonymous Coward · · Score: 0

      WPA is not broken. Rainbow tables can only be provided for a few common SSIDs and then they still cover only a very small part of the key space. If you use a good pre-shared key (long and random), then these rainbow tables are no threat at all. If you also use a unique SSID, they can't even be used at all.

    2. Re:O RLY by Anonymous Coward · · Score: 0

      True in principle, but exactly why "just turn on WPA" is bad advice - do you think the average home user would understand what you just said?

    3. Re:O RLY by Pentium100 · · Score: 1

      And if you use a RADIUS server and certificates instead of PSK, would it be even harder to crack or the same?

  8. Need an awareness campaign by Anonymous Coward · · Score: 0

    Aren't there hackers sniffing payload in more detail all the time, and actually possibly doing nefarious things to it?

    The world really needs an awareness campaign to wake the public up, to help people secure their networks.

    Perhaps we could get a mob of anonymous Defcon folks to ride around the entire country, and the world.. covertly capturing WiFi signals, and posting the most embarrassing bits captured to a public bash.org-style website, along with GPS coordinates and SSID?

  9. I honestly don't understand the fuss by nightfire-unique · · Score: 2, Insightful

    If you're broadcast your data via radio, why on earth would you expect anyone to consider it private?

    Encryption. If you need it, use it.

    --
    A government is a body of people notably ungoverned - AC
    1. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 5, Insightful

      There's a very sensitive infrared camera and microphone outside your house right now, and we're disturbed by your interactions with your plushie. In the spirit of blind justice, I'm going to upload to /b/ and let the People decide.

      If you broadcast your movements via radio (and air movements), why on earth would you expect anyone to consider it private?

      A thick Faraday cage. If you need it, use it.

    2. Re:I honestly don't understand the fuss by Anonymous Coward · · Score: 0

      In the spirit of blind justice, I'm going to upload to /b/ and let the People decide.

      Don't be silly, /b/ users aren't people.

    3. Re:I honestly don't understand the fuss by westlake · · Score: 1

      If you're broadcast your data via radio, why on earth would you expect anyone to consider it private?

      The expectation of privacy can be legally defined.

      In the US, The Radio Act of 1927 made a clear distinction between public broadcast and private networks and services.

      Things like marine radio. Police and fire services.

      Subscription radio.

      The decision was made that these evolving technologies and services were too valuable to the community to be casually subverted by an eavesdropper.

      There would be rules against disclosure, against commercial exploitation.

    4. Re:I honestly don't understand the fuss by wolrahnaes · · Score: 1

      That is an entirely stupid analogy, since people have obvious reasons to expect privacy when behind their own walls. On the other hand, no one broadcasting unscrambled and unencrypted radio has any reason to expect privacy.

      If I pick up my FRS radio and start talking to a friend on it, should I have any expectation that no one else is listening? Of course not. It's an open system transmitting in the clear for which transceivers are available at pretty much every store with an electronics section. How is WiFi any different? If you want privacy, even WEP is enough to be legally sufficient (though of course you'd want to use WPA if your goal is to keep the information private rather than just being able to prosecute for accessing it).

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    5. Re:I honestly don't understand the fuss by Sir_Lewk · · Score: 0, Troll

      The obvious difference being I radiate infrared light incidentally. I don't chose to do so, I can't stop from doing so, and unless I have some scientific background, chances are I don't even know that I'm doing so.

      It is very different from me making an active attempt to make a radio broadcast using specialized equipment. If you don't see the difference between these two scenerios, then thank god you arn't in politics or law.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    6. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 2, Insightful

      That is an entirely stupid analogy, since people have obvious reasons to expect privacy when behind their own walls. On the other hand, no one broadcasting unscrambled and unencrypted radio has any reason to expect privacy.

      We're comparing people sending out unencrypted infra-red e-m waves while behind their own walls to people sending out unencrypted microwave e-m waves while behind their own walls. Unless wavelength is philosophically important in your argument, I'd say the analogy is fairly sound.

      If you want privacy, even WEP is enough to be legally sufficient

      In what rational way can a transmission be of "legally sufficient" format for no-one to be allowed to snoop? This sounds like a daft DMCA-style confounding of social and technical problems. My reasonable expectation is that you don't follow me around surreptitiously recording everything I've said and then using it for personal gain, and, depending on your jurisdiction (the US included when it comes to certain radio transmissions), the law is in agreement.

      Now I'd be a little naive to expect no-one to idly listen to something I'm transmitting in the the clear, and the law would be draconian to make it illegal to hear me. But hearing data and wilfully processing data for personal gain are completely different things. The UK (and EU) Data Protection Acts seem to understand this very well and speak of various rights and responsibilities in terms of how data can be "processed", not whether it can be "heard".

    7. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 2, Informative

      The obvious difference being I radiate infrared light incidentally.

      What does "incidentally" mean? It is not your intention to broadcast infrared outside your property for others to pick up? Well, guess what, it's not Joe Public's intention to broadcast his wifi data outside his property for others to pick up either. It's just incidental to the science behind radio.

      I can't stop from doing so

      A sufficiently thick wall of the appropriate material would do the job.

      and unless I have some scientific background, chances are I don't even know that I'm doing so.

      And unless you have some technical background, chances are you don't know much about what that flashing wireless router is doing either.

      It is very different from me making an active attempt to make a radio broadcast using specialized equipment.

      Since Joe Public isn't making an active attempt to make a radio broadcast, I'm not sure of the relevance.

      If you don't see the difference between these two scenerios, then thank god you arn't in politics or law.

      Assuming? :-)

    8. Re:I honestly don't understand the fuss by Sir_Lewk · · Score: 0, Troll

      1. Occurring or likely to occur as an unpredictable or minor accompaniment: the snags incidental to a changeover in upper management. See Synonyms at accidental.
      2. Of a minor, casual, or subordinate nature: incidental expenses.

      In other words, unlike WiFi APs, human beings are not designed, built, and used as broadcasting equipment.

      Despite Joe Sixpack not knowing much about radio communication, I'm pretty sure you'd be hard-pressed to find someone in the general public that doesn't have some basic and more or less correct idea of how wifi works. Everyone knows that the radio signals they use reach farther than their house, they just arn't familar enough with the concept yet to think of it in correct terms.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    9. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 2, Insightful

      Everyone knows that the radio signals they use reach farther than their house

      Do they? Does everyone know the nature of radio? Is it self-evident that encryption means more than joining your laptop with your base station? IOW, why should it even be obvious that the laws of physics permit someone to pick up someone else's payload - maybe there's something about radio which means you have to pair the receiver/transmitter in a particular way? We know this isn't so, but you lack imagination to imply that it's obvious - you need to either understand some principles of radio or to be told.

      And, FWIW, I understand e-m to undergraduate physics level and have a full amateur radio licence, yet I'm still baffled by the varying reception behaviour in this old house. Propagation is a fascinating and non-trivial topic, whether it refers to hearing someone in Australia on shortwave or the wind carrying snippets of a conversation on the other side of the park.

      Meanwhile, everyone who's seen a cop show knows that "you can see people move in the undergrowth in the dark with a red light of some sort".

    10. Re:I honestly don't understand the fuss by DamnStupidElf · · Score: 1

      I'd be interested in infrared cameras that can sense accurately through curtains and walls. Microphones are covered under existing wiretap laws because legally sound is often treated differently than EM. Countries and states vary in their definitions of public and private sound and visibility, but personally I think if someone can detect your EM emissions, it should be legal. Yes, that includes tempest and baby monitors and keyboards. Would you rather have actual privacy because your products are engineered not to leak EM, or would you just like to have a bunch of selectively enforced laws written in the name of protecting privacy? I know which scenario I'd prefer.

    11. Re:I honestly don't understand the fuss by DamnStupidElf · · Score: 1

      In the US, The Radio Act of 1927 made a clear distinction between public broadcast and private networks and services.

      Guess which portion of the spectrum 802.11 uses.

      I'm perfectly happy with people who want "private" unencrypted wireless paying for a slice of the spectrum.

    12. Re:I honestly don't understand the fuss by Sir_Lewk · · Score: 1

      As I said, despite how popular it is among tech people (like the crowd found on slashdot) to assert that the general public is completely clueless, I think it is pretty safe to assume that anyone who knows what wifi is (ie, they use it) knows that it goes through walls (because they've used it through walls), and knows that it works with radio waves (the general population has been pretty up on what radios are for probably about the past century).

      If they never considered that what they are doing can be seen by other people, then in all likelihood they just never bothered to think about it. That is what I'm saying when I said "they just arn't familar enough with the concept yet to think of it in correct terms." People see other peoples APs all the time, and people generally have a pretty good idea of whether or not they need a password to get onto their network. If they don't know their neighbors can use their wifi it's only because they didn't bother to put 2 and 2 together.

      As a little piece of anecdotal evidence, when my grandparents purchased their first PC (last year), they had me help them get set up. When I explained that I'd be setting up their wifi router for them too, they kindly (and of course unnecessarily) reminded me set it up with a password, so their neighbors couldn't use it. I then spent the rest of the weekend trying to explain to them how to check the news online. Despite practically no computer experience, they knew enough to request that their network be secured.

      Note: I'm not saying that the general public is aware of how to properly secure their transmissions. Judging by the APs I can see right now, most people seem to think WEP is fine, and unless they bothered to research it they can't be blamed. This is a separate issue though, "knowing that you are unsecure" and "knowing how to secure yourself" are two separate things. Probably worth noting that even using WEP would have prevented this from happening. What I'm getting at is that the difference between "unsecured network" and "secured network" is well understood by the general population, in sufficient detail.

      I think realistically the only real grey area here is people who think they don't need to secure their network because their house is too far away from anything else. From my experience, these people are usually more or less correct. (barring the application of cantennas, and I don't believe google was using unusually high-gain antennas. At least I haven't heard anything to indicate they were).

      PS: really? a troll moderation? you might not agree with my point of view but I don't think it is particularly controversial, and I think I backed them up well enough. To reiterate though: I think the comparison between wifi and people radiating infrared is flawed because by merely purchasing, installing, and using a wifi AP, the user is actively making a decision to broadcast information. Broadcasting information is the one and only purpose of a wifi AP. Conversely, nobody makes the decision to radiate infrared, it is something we do by default (and unless we go to extreme lengths, it is something we cannot stop). As I've explained in the rest of my post, I believe that for the general public, this is also an informed decision to broadcast information.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    13. Re:I honestly don't understand the fuss by Sir_Lewk · · Score: 1

      See here for an example of infrared imaging devices being used to "invade privacy". Basically, cops use(ed?) these things to look for unusually hot attics or basements (presumably caused by glow lamps) and would then get a search warrant to look for drugs.

      Probably worth noting: although I think the comparison between wifi and infrared is a poor one (people expect a certain degree of privacy on the infrared part of the spectrum, while anyone who expects privacy on unsecured wifi is (in my humble opinion...) being foolish), I actually disagree with the supreme court on this one. I don't have any real legal issue with police using infrared imaging without a warrant.

      Whoooole 'nother debate here though. There was a slashdot article a while back about it that I didn't immediately find. You can check out that for more detailed conversation ;)

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    14. Re:I honestly don't understand the fuss by Sabriel · · Score: 1

      There's a very sensitive infrared camera and microphone outside your house right now, and we're disturbed by your interactions with your plushie. In the spirit of blind justice, I'm going to upload to /b/ and let the People decide.

      And that part in bold, "I'm going to upload", is where that argument completely crashes. Totally aside from the public technology involved, so far as I've read so it appears Google did not upload.

      Well, at least not until the various governments clamoring about "privacy laws" forced Google to upload the data to them...

    15. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 1

      If you have no expectation of privacy, why should it matter whether Google uploaded the data to a public site or merely collected and catalogued it?

      But if there is an expectation of privacy, the point is that they processed the data rather than discarding it. US privacy law is practically non-existent but the EU has a substantial framework which is reflected in the laws of member states.

      FWIW, it may even be illegal in the UK to listen in without permission to signals not from the Broadcast Service (i.e. commercial licensed radio), the Amateur Service and utility stations (e.g. navigation/weather). From the Wireless Telegraphy Act (1949), Section 5:

      Any person who: [...]
      (b) otherwise than under the authority of the Postmaster General or in the course of his duty as a servant of the Crown, either--
      (i) uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) which neither the person using the apparatus nor any person on whose behalf he is acting is authorised by the Postmaster General to receive; or
      (ii) except in the course of legal proceedings or for the purpose of any report thereof, discloses any information as to the contents, sender or addressee of any such message, being information which would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person, shall be guilty of an offence under this Act.

      I'm not sure anyone's ever been prosecuted for (i), probably because it's difficult to define/discern what someone's "intent" is unless they also do (ii). Note this is an entirely separate and much older law than data protection laws, and it is necessary to discern when blanket permission is already given by the "Postmaster General" - e.g. there is explicitly no expectation of privacy on the Amateur Service and every amateur licensee should have learnt this.

    16. Re:I honestly don't understand the fuss by Anonymous Coward · · Score: 0

      god. you are so stupid. shut the fuck up already.

    17. Re:I honestly don't understand the fuss by Jesus_666 · · Score: 1

      In other terms: If you want to use computers, why on Earth would you not have a degree in computer science?

      Remember that most people use technology without really knowing how it works because it would be un unrealistic burden to expect them to know. Let's take home security: Few people have effective home security; someone knowledgeable can relatively easily enter even without having to cause any damage. But trespass is illegal even if you don't break or steal anything. Why? The home owner should have known about the state of the art in home security and invested accordingly.

      It's unreasonable to expect everyone to be an expert on everything. Thus we have laws that punish certain behaviors even if those behaviors could be prevented by experts. In certain jurisdictions it was decided that privacy extends to data sent over unencrypted wireless LANs because it was unreasonable to expect every citizen to be knowledgeable about wireless networking security procedures. I find this reasonable as otherwise we could argue against a lot of laws that protect people who aren't knowledgeable about a certain topic.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    18. Re:I honestly don't understand the fuss by Jesus_666 · · Score: 1

      That is an entirely stupid analogy, since people have obvious reasons to expect privacy when behind their own walls.

      I am behind my own walls. I plug in the little box my telephone company sent me and my computer can connect to the Internet Explorer. I'm not broadcasting anything; I'm not a radio station. I'm just using the wireless. Why shouldn't I expect privacy? After all, I'm in my own home.

      Remember that most people don't hold a degree in computer science and aren't likely to be informed about the technical details of wireless networking and related security standards. It's also not reasonable to expect everyone to learn all that. Random people being able to listen in on their WLAN traffic is unintuitive to most people unlike with a radio where it's obvious that they're broadcasting.

      Unless you expect everyone to be an expert on everything you can't expect everyone to be an expert on wireless data transmission security measures. So you can either argue that nobody should have privacy, that only the knowledgeable should have privacy (actually the same as the first one as everyone has to ensure their privacy themselves) or that everyone should have privacy even if they don't have the technical skills to ensure it themselves.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    19. Re:I honestly don't understand the fuss by Pastis · · Score: 1

      You want analogies ?

      If you use a megaphone to talk while at your home, do you expect what you say to stay private ?

      If you build a swimming pool at home, and make it so large that it becomes accessible from outside your property, would you feel outraged if people started using the bit that lies outside of the limits of your house (and for others to note on a map where accessible areas of water lie)?

    20. Re:I honestly don't understand the fuss by wolrahnaes · · Score: 1

      It doesn't take a rocket scientist to figure out the thing with the antenna is a radio. This isn't CS degree territory, it's if you don't realize it's your own goddamn fault territory. There is a point where you have to expect people to understand that wireless means radio.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    21. Re:I honestly don't understand the fuss by wolrahnaes · · Score: 1

      We're comparing people sending out unencrypted infra-red e-m waves while behind their own walls to people sending out unencrypted microwave e-m waves while behind their own walls. Unless wavelength is philosophically important in your argument, I'd say the analogy is fairly sound.

      It is important, again going back to the expectation of privacy. Yes we're all both broadcasting and reflecting EM radiation in a range roughly centered on visible light, but we also have an expectation that when we're behind solid walls that we can't be seen which correctly or incorrectly has been built up in our societies over thousands of years.

      Courts and lawmakers have (appropriately, in my view) taken the position that this expectation of privacy should extend to the infrared spectrum, thus why police infrared scanning programs looking for drug grows have been smacked down fairly hard.

      On the other hand no one in the entire time we've been capable of controlled transmissions in the radio spectrum has had any reason to believe, nor should they, that transmissions from an omnidirectional antenna would be private unless scrambled or encrypted.

      In what rational way can a transmission be of "legally sufficient" format for no-one to be allowed to snoop? This sounds like a daft DMCA-style confounding of social and technical problems. My reasonable expectation is that you don't follow me around surreptitiously recording everything I've said and then using it for personal gain, and, depending on your jurisdiction (the US included when it comes to certain radio transmissions), the law is in agreement.

      Now I'd be a little naive to expect no-one to idly listen to something I'm transmitting in the the clear, and the law would be draconian to make it illegal to hear me. But hearing data and wilfully processing data for personal gain are completely different things. The UK (and EU) Data Protection Acts seem to understand this very well and speak of various rights and responsibilities in terms of how data can be "processed", not whether it can be "heard".

      What I meant by legally sufficient is that regardless of how well a method of scrambling or encryption actually works at protecting your communications, the fact that you are using it makes it clear the communication was intended to be private, thus intercepting that without legal authority would be a crime.

      If I put up an open WiFi AP and someone within range of it monitors the traffic, that's my problem since I am broadcasting that traffic wide open. Again going back to the FRS/GMRS/CB analogy, anyone else can tune in to the same channel and see/hear everything I'm sending and there's nothing wrong with that because I have no expectation of privacy.

      If I turn on WEP on my AP, I know it's still pretty much just as vulnerable, but if someone is monitoring and decrypting the transmissions they are now actively engaging in an invasion of privacy since they would have had to defeat the (admittedly weak) security measure to access it.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    22. Re:I honestly don't understand the fuss by wolrahnaes · · Score: 1

      To take this further, if you know it's wireless and you know you didn't have to do anything to connect to it except click, why in the world would you think there is any more challenge for others to connect and see everything you send?

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    23. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 1

      OOI, do you regard ROT13 as an encryption method, or merely a new encoding method for characters?

    24. Re:I honestly don't understand the fuss by FuckingNickName · · Score: 1

      It doesn't take a rocket scientist to figure out the thing with the antenna is a radio.

      But it has taken humans far wiser than the average rocket scientist to understand how radio works, in particular to discern its propagation and reception properties.

      why in the world would you think there is any more challenge for others to connect and see everything you send?

      Because this might only apply to the first computer you pair with, or within the first n units of time of (first?) switching on your device.

      Because after you've registered one device, an ownership key might be applied which is somehow also on other machines you have in the house (e.g. hash of your house address when you registered each machine).

      Because the house AC power circuit might act as an authentication mechanism to ensure that you're in the same house.

      Because the house outer walls might usually be made of something which blocks the signal.

      When someone says, "You're dumb for not inferring that something works the way I've learnt that it works," they're almost always guilty of a lack of imagination.

    25. Re:I honestly don't understand the fuss by wolrahnaes · · Score: 1

      Since a given input will always result in the same output, obviously encoding. Encryption requires there to be a secret, be it the key, algorithm, or both. ROT13 has no key and a well known algorithm, therefore no secret and no encryption.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
  10. A little too easy by JorDan+Clock · · Score: 3, Insightful

    So what TFA is saying is that the issue isn't simply Google snooping on networks and collecting data? And that there may have been a legitimate reason for this whole situation? And that it's blown out of proportion? STOP RUINING MY REASONS TO BE ANGRY AT GOOGLE!

    1. Re:A little too easy by Anonymous Coward · · Score: 0

      No you can still be adgitated
      What OP is saying doesn't make alot of sense, which I Tweeted at him about, in reply to @laurenweinstein

      Google's people weren't smart enough to know Wi-Fi mapping will inadvertently but easily capture identifiable user data?
      it's easy to inadvertently capture too much information.. be unaware of it" really shows off Google's concern for Privacy
      No they are not 'like' the rest of us. Your logic is flawed
      Other companies look deeply into any data collected from the get go
      I'll just say.. rethink what you're saying
      A lesson for whom? Google knew what could possibly be collected. Avg users are oblivious
      Maybe Google should hire you. This 'Mistake' wouldn't have happened, wiping data as it was processed

    2. Re:A little too easy by Anonymous Coward · · Score: 0

      No, TFA isn't saying "And that there may have been a legitimate reason for this whole situation? And that it's blown out of proportion?", but he *thinks* he is. And, apparently you're dumb enough to believe this.

  11. The good guys? by beaviz · · Score: 2, Insightful

    Laws against this won't stop the bad guys (hackers). They will only unfairly punish good guys (like Google) whenever they make a mistake.

    Google is intercepting and logging personal data traffic for whole countries at a time, and you think they are the good guys?!

    1. Re:The good guys? by mellon · · Score: 4, Interesting

      Whether or not they are the good guys, laws that attempt to contravene physics are a bad idea. If the packets had been encrypted, it wouldn't have mattered that Google captured them--without the key, they're just noise. You could pass a law saying that capturing packets broadcast without encryption is illegal, or you could pass a law saying that if you want your packets to be private, you should encrypt them, and if you don't encrypt them, you have no expectation of privacy. Which of these two laws do you honestly think makes the most sense?

      Normally wiretapping involves a deliberate act of bypassing some kind of lock, if only the lock on the box that contains the wires. Here there was no lock, and the packets were hitting the antenna without any special effort on Google's part, and Google did have a legitimate purpose in putting up the antenna and listening for packets. Yes, they got more packets than their legitimate purpose required. Maybe they did so deliberately, although I can't see any reason why that would have been useful to them. But making it illegal is a really expensive way to solve the problem, and it doesn't solve the fundamental problem, which is that people are sending their personal information over the network in the clear.

    2. Re:The good guys? by outsider007 · · Score: 1

      Yes because hackers use the data for personal gain, while google.. oh, wait.

      --
      If you mod me down the terrorists will have won
    3. Re:The good guys? by Anonymous Coward · · Score: 0

      Because Google can be punished for bad PR while hackers can't really. In this case, the publicity probably did more to secure those who care about such than any punishment they or hackers would receive.

    4. Re:The good guys? by beaviz · · Score: 1

      Whether or not they are the good guys, laws that attempt to contravene physics are a bad idea. If the packets had been encrypted, it wouldn't have mattered that Google captured them--without the key, they're just noise. You could pass a law saying that capturing packets broadcast without encryption is illegal, or you could pass a law saying that if you want your packets to be private, you should encrypt them, and if you don't encrypt them, you have no expectation of privacy. Which of these two laws do you honestly think makes the most sense?

      Let me rewrite that:
      You could pass a law saying that stealing bikes with or without locks is illegal, or you could pass a law saying that if you want to keep your bike, you should lock it, and if you don't lock it, you have no expectation of keeping your bike. Which of these two laws do you honestly think makes the most sense?

      But making it illegal is a really expensive way to solve the problem, and it doesn't solve the fundamental problem, which is that people are sending their personal information over the network in the clear.

      You're wrong ;) The fundamental problem is not unencrypted networks. The fundamental problem is that Google can (legally in many places) harvest and use this information for whatever purpose they like - and some people are blaming the people operating the wireless networks. I find that absurd.

      Question for extra credit:
      If we imagined a company, with access to massive computation power, captured encrypted traffic and later brute-forced deciphered everything. Will your reaction be: "Well, it's their own fault. They should have used stronger encryption"?

    5. Re:The good guys? by mellon · · Score: 2, Insightful

      No, there's a big difference. If I steal your bike, you don't have it. If I receive what you transmit with your radio, you haven't lost anything. You didn't have any privacy, because you were broadcasting your packet, so you haven't lost your privacy.

      This is more like if you get the word "loser" tattooed on your forehead, and then you demand that the government pass a law that says that not only can nobody take pictures of you that show the tattoo, and not only can they not comment on it, but they aren't even allowed to register, in the privacy of their own mind, that you have that tattoo on your forehead.

      You're wrong ;) The fundamental problem is not unencrypted networks. The fundamental problem is that Google can (legally in many places) harvest and use this information for whatever purpose they like - and some people are blaming the people operating the wireless networks. I find that absurd.

      Dude, you can make whatever assertions you want, but again, if you tattoo "idiot" on your forehead, you don't get to tell me not to notice.

      If we imagined a company, with access to massive computation power, captured encrypted traffic and later brute-forced deciphered everything. Will your reaction be: "Well, it's their own fault. They should have used stronger encryption"?

      Well, on the one hand, that's not the same thing, because in this case they have reason to assume that you didn't want to share that information with them; in the case of information you have broadcast in the clear, they have no such reason. I would argue that they should not do this. I would also argue that if you really care about keeping your data private, you should assume that someone, possibly not Google, will be doing this, and choose your keys accordingly.

      Now, suppose Google took the data that they got through brute-forcing your keys, and used it to impersonate you and steal money from your bank account. Whether that information was sent in the clear or brute-forced, when they take it and use it to steal from you, they have in fact committed a crime.

      We can argue about the moment when they cross over the line from being weirdly creepy to doing something that's actually wrong. I would argue that they cross this line when they take data that's been deliberately kept from them and deliberately gain access to it. Sure, keeping copies of packets they sniffed from your network is a bit creepy if they did it on purpose, but the mere fact of having done it is not itself an indication of wrongdoing--they have to do something inappropriate with it in order to cross that line.

    6. Re:The good guys? by DamnStupidElf · · Score: 1

      You could pass a law saying that stealing bikes with or without locks is illegal, or you could pass a law saying that if you want to keep your bike, you should lock it, and if you don't lock it, you have no expectation of keeping your bike. Which of these two laws do you honestly think makes the most sense?

      What response do you think you'll get from law enforcement if you tell them you left your bike unlocked outside Walmart all afternoon? Laws have to be just foremost, and practical a close second. Similarly, you can definitely be found liable for damages caused by your vehicle if you leave the keys in it unlocked. You have a personal responsibility to protect and manage your own property and information, and no law in the world can protect you if you're willfully careless.

    7. Re:The good guys? by zuperduperman · · Score: 1

      Yes because hackers use the data for personal gain, while google...

      Let me finish the sentence for you: "while google ... did not use the data at all".

      That's right. Not for their gain, not for anything. It sat on some hard drives until they did their audit and found it. Oh, and then a bunch of governments made them hand it over and the authorities plundered it looking for email addresses, passwords and even banking details (their words, not mine!).

    8. Re:The good guys? by beaviz · · Score: 1

      What response do you think you'll get from law enforcement if you tell them you left your bike unlocked outside Walmart all afternoon?

      I was hoping for a reaction like "We're so sorry to hear that. Let us write up a report right away".

      Similarly, you can definitely be found liable for damages caused by your vehicle if you leave the keys in it unlocked. You have a personal responsibility to protect and manage your own property and information, and no law in the world can protect you if you're willfully careless.

      "Wilfully careless". I think this is where we differ :)

      (By the way, in my country you would be laughed out of court if you tried to sue the owner of a stolen car)

    9. Re:The good guys? by beaviz · · Score: 1

      This is more like if you get the word "loser" tattooed on your forehead, and then you demand that the government pass a law that says that not only can nobody take pictures of you that show the tattoo, and not only can they not comment on it, but they aren't even allowed to register, in the privacy of their own mind, that you have that tattoo on your forehead.

      Where I'm living, this would already be illegal on at least two levels:

      1. It's illegal to take photographs of someone without their consent, if they are not in a public place (and even in public it's only legal to take "overview"-photos, not portraits).
      2. It's illegal to register personal data without consent.

      I think it's a surprise for Google that not all of the world has the same privacy laws and privacy expectations that they're used to ;)

      Welp.

    10. Re:The good guys? by mellon · · Score: 2, Insightful

      The Google car *was* in a public place: the road. And what it did was much more equivalent to just shooting a picture that happened to have your face in it than deliberately shooting a portrait of you without your consent.

      As for "personal data", how is Google to know that data you've broadcasted for all to see is personal?

      If you don't want people to see your data, don't broadcast it.

    11. Re:The good guys? by FuckingNickName · · Score: 1

      in the case of information you have broadcast in the clear, they have no such reason.

      You're being deliberately obtuse. How about assuming that all information transmitted by an individual over radio waves is private unless he makes an explicit pro-active indication otherwise? Assume this whether information is the infrared pattern which can be used to infer your masturbating furiously in the bathroom from across the street or the conversation your competitor is having with his business partner over unsecured wifi.

      Explicit indications codified in UK law include where the user of a service has agreed to his transmissions being for public consumption as part of a licence application process, and as such is fully aware in advance that he has no expectation of privacy. This would apply, for example, to commercial and amateur radio broadcasts. WiFi's frequencies may or may not be considered here as implicitly for public consumption, depending on your jurisdiction - either way, it's very different from service users who have agreed by signing some application.

      In either case, this merely determines whether the law finds it reasonable for you to intently listen in; whether you can do anything with what you hear is another matter. We move on to the more relevant law:

      Sure, keeping copies of packets they sniffed from your network is a bit creepy if they did it on purpose, but the mere fact of having done it is not itself an indication of wrongdoing

      Yes it is. Storing a nation's worth of private data produced by others is wrong. Hearing it accidentally is fine. Pruriently listening in to something juicy is rude, and possibly illegal, but it is unlikely to be in the public interest to prosecute or possible to prove intent (you may then argue that no law against it should exist, and this is a fair matter for debate). But processing the data - which includes electronic storage, analysis or redistribution - without the data subject's consent is reasonably a matter for law enforcement.

      Every UK (EU) business has to be aware of data protection laws and must ensure that data - especially sensitive data, which has surely been collected as part of Google's faux pas - is not processed illegally. "But we're good guys!" is not a defence. In general, "I was breaking the law but not with bad intentions," is no defence - except in the case not applicable here that "intent" is part of the particular law. (But then you're not breaking it unless intent can be proven!)

    12. Re:The good guys? by beaviz · · Score: 1

      As for "personal data", how is Google to know that data you've broadcasted for all to see is personal?

      I don't expect much from Google. In fact I would expect them to say something along the line of what you're saying now: "It's the network operators own fault! If they are too stupid to secure their network, they can expect nothing. They have broadcasted their data, we just took advantage of that fact. Now shut up or we close down our offices in your country".

      - Or Google could simply obey local laws, but I don't expect them to do that anytime soon. Or later.

      I don't think we'll ever agree on this ;)

    13. Re:The good guys? by John+Hasler · · Score: 1

      > By the way, in my country you would be laughed out of court if you tried to
      > sue the owner of a stolen car

      In mine too (the USA).

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    14. Re:The good guys? by mellon · · Score: 1

      You're entitled to your opinion, but your freedom to do whatever you want ends when your fist contacts my nose. Passing stupid laws is immoral. If you want privacy, act that way--don't pass a law insisting I assume you want it even when you act like you don't.

    15. Re:The good guys? by mellon · · Score: 1

      You're being deliberately obtuse. How about assuming that all information transmitted by an individual over radio waves is private unless he makes an explicit pro-active indication otherwise?

      I don't think either of us is being deliberately obtuse, but I do think that you are missing the point.

      Requiring that people indicate their information is not private sounds fine to me. How would you indicate that? How about by making no effort whatsoever to ensure that the information is private? For god's sake, man, do you want *actual* privacy, which is easily achieved, or do you want the *pretense* of privacy that such a law would give you? Do you think passing a law saying "thou shalt not do this trivially easy thing" will prevent criminals from doing it? How would you know? The only reason we know what Google did is that they admitted to it.

      Nobody's alleged that Google actually used any of this data. Google denies that they did. If they processed it and used it in some "evil" way, then I'd agree that they'd deserve some kind of consequences. But absent any evidence to that effect, we're talking about something very different. So until we hear otherwise, let's talk about what actually happened.

  12. leave Google alone! by FuckingNickName · · Score: 0, Troll

    Although some people are suspicious of their explanation, Google is almost certainly telling the truth when it claims it was an accident.

    No. You can say that there's reasonable doubt to the allegation that they were doing it intentionally, but you can't asser that they're "almost certainly telling the truth".

    The technology for Wi-Fi scanning means it's easy to inadvertently capture too much information, and be unaware of it.

    Yeah, the technology for biological viruses means it's easy to inadvertently give someone HIV, and be unaware of it. But if you have competent doctors/engineers they will have made you (as a corporate person) of the effects of certain actions with particular tools, and if you choose to ignore that advice then you're demonstrating fantastic negligence.

    ... It's really easy to protect your data: simply turn on WPA.

    Irrelevant. How easy it is to stop someone committing a crime does not figure into whether they're guilty of some crime.

    This completely stops Google (or anybody else) from spying on your private data.

    False. It just makes one particular avenue harder. Serious weaknesses were found in WEP fairly quickly, and certain problems have been found in WPA+TKIP. Given time, I'm sure we'll find some problems in WPA2+AES - more likely in the implementation than AES itself.

    Laws against this won't stop the bad guys (hackers). They will only unfairly punish good guys (like Google) whenever they make a mistake.

    There's a model for Google defence articles which involves calling them "the good guys" then talking of anything which hinders them as "punishing the good guys". And they beg the question. Google are the good guys therefore what they do is good therefore hindering them is bad? No. Google are not the good guys because what they have done is not good. You're demonstrating the same fallacy which leads to positive discrimination: "well, these are the salt of the earth so if you apply to the law to them you're just ruining social progress".

    [A]nybody who has experience in Wi-Fi mapping would believe Google.

    Wow, gratuitous emotive informal fallacy alert.

    Data packets help Google find more access-points and triangulate them,

    Yes, among other things.

    yet the payload of the packets do nothing useful for Google because they are only fragments.

    Yes, what can possibly be done with fragments of data? I threw away my tatty Origin of Species yesterday because it was missing most of the pages. Not insightful at all like that.

    1. Re:leave Google alone! by Anonymous Coward · · Score: 0

      Hello Mr Google story Overrated marker guy ;-).

  13. inadvertent to collect, but not to keep by fermion · · Score: 3, Insightful
    It may be inadvertent to collect, but keeping it requires a conscious and deliberate effort to allocate resources. For instance, no one can fault me for listening to the conversations around me. The people are talking in a public place and therefore have no expectation of privacy. However, if I start taking notes or recording their conversation, then I have made a deliberate attempt invade what many would consider, at least, a semiprivate situation. If I go further and use sophisticated equipment to record their conversations and acts from a distance, then I am move myself even further from the 'inadvertent sniffing' to the 'actively spying.

    My concern with what Google, and many other firms, are doing is that they are dedicated huge amounts of resources to collected huge amount of data on people. As profit making entities, these firms must at some point monetize this data to get a return on investment. Therefore, if google is keeping data other than basic acces point information, then they must be planning to do something with it.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    1. Re:inadvertent to collect, but not to keep by Anonymous Coward · · Score: 0

      It may be inadvertent to collect, but keeping it requires a conscious and deliberate effort to allocate resources

      As has been said a ton of times, they DID intend to keep some data, just not everything. The more plausible criticism is: too many resources would be required, and somebody would have audited it.

      Here's something to try on: Google possibly manages more data than any other organization in the entire world. Their core business product required storing the entire internet... in RAM... almost 10 years ago. Has it not occurred to you that they just don't think about resources in the same way that you do?

    2. Re:inadvertent to collect, but not to keep by moonbender · · Score: 1

      "It may be inadvertent to collect, but keeping it requires a conscious and deliberate effort to allocate resources."

      Usually, deleting some stuff is much more difficult than retaining everything, simply because it requires you to figure out what to delete and what to keep. Storage is cheap. Just saying.

      --
      Switch back to Slashdot's D1 system.
    3. Re:inadvertent to collect, but not to keep by ZorbaTHut · · Score: 1

      I seem to recall that when Google provided some governments with the data they'd accidentally collected, it fit on less than a DVD. As an ex-Googler, that amount of data was absolutely irrelevant three years ago - I used ten times that much for scratch space for personal projects. I can't imagine it's somehow gotten [i]more[/i] important.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    4. Re:inadvertent to collect, but not to keep by EdIII · · Score: 1

      From the summary:

      Data packets help Google find more access-points and triangulate them, yet the payload of the packets do nothing useful for Google because they are only fragments."

      Now you said:

      I seem to recall that when Google provided some governments with the data they'd accidentally collected, it fit on less than a DVD. As an ex-Googler, that amount of data was absolutely irrelevant three years ago - I used ten times that much for scratch space for personal projects. I can't imagine it's somehow gotten [i]more[/i] important.

      First off, this was only the beginning of a project that could still turn into something much bigger. A packet is pretty gosh darn small. Let's assume a single layer DVD and that for each person they collected 5 packets, and a packet size of 1500 bytes. If it took up 90% of a DVD (less than a DVD) that is approx. 600,000 people they collected data on. If the packets were even smaller, that is means more people.

      Secondly, was this not going on in multiple countries? I find the whole DVD thing to be bullshit. Even if it was a smattering of a few packets here and there, we are talking about multiple countries. I sincerely doubt that DVD thing is true. I can do a packet capture myself on my own network and get a couple of gigs in a short period of time. Multiple countries while mobile? I don't buy it.

      Thirdly, this must of have been happening with more than one collection device and I doubt that each collection device only had a DVD's worth of space to store data on. Far more likely it least had an average hard drive. No technical reason to limit their data capture.

      Saying this was a trivial incident based on the purported size of the data captured is a little shortsighted, especially when that still shows 600K people could have been affected.

      As others have pointed out, to say those unencrypted fragmented packets are worthless... is not entirely truthful. There is valuable information in that, especially for Google. Those packets, along with their contact can be cross-referenced against other data and bring clarity to something that could have been otherwise a little more ambigious.

      Privacy issues aside, to try and downplay the incident saying they never got anything of value just makes me more suspicious. Of course they got something valuable. What they should be saying is, "We didn't know we were doing it, and we have absolutely no plans to continue the project, or scale it up".

      I expect the opposite. The project will not only continue, but scale up massively once the data shows how valuable it was, even if it were only a DVD. The EU is up in arms, but then in the same breath complete douchebags like the politician from Italy want privacy and anonymity destroyed for the sake of the people, especially the little children and their private parts.

      The EU is not be trusted as an advocate of privacy when its member nations are duplicitous in their commitment to very idea of privacy and anonymity in the first place. Other countries are just as concerning, such as Australia.

      China and Vietnam get some of the coverage, but are we not really seeing the same sorts of attitudes from other countries?

      Google is going to just be another tool and will be encouraged. Give it another year and you will need a data center to store the captures and process them, not a laptop and a DVD.

    5. Re:inadvertent to collect, but not to keep by DamnStupidElf · · Score: 1

      Sort of like how Google happens to crawl web pages full of passwords or private documents that people didn't necessarily mean to put there? Yeah. Good luck fighting the inevitable future of everything that is publicly visible/audible being easily searcheable and available worldwide.

    6. Re:inadvertent to collect, but not to keep by Anonymous Coward · · Score: 0

      Here's something to try on: Google manages more data than any other organization in the world. They should have a better understanding of how data is transferred and utilized than any other. Has it not occurred to you that they knew exactly what they were doing the entire time, and had ways to utilize the data in ways you could never think of?

  14. Texas Republican Congressman Joe Barton ... by Anonymous Coward · · Score: 0

    issued a heartfelt apology to Google CEO Eric Schmidt today for the pain and suffering inflicted by governments on its corporate soul and promised to make it his life's mission to ensure that governments everywhere become mindful of the fact that corporations are people and suffer immensely when accused of harming or doing disservice to the public.

  15. Had Barton taken a bath lately, or was he still by Anonymous Coward · · Score: 0

    covered in BP's 'dna'?

  16. Re:Google is American by FuckingNickName · · Score: 1

    Who can forget the work of great American computer scientists from Leibniz (Combinatorica) to Berners-Lee?

    Celebrate the fact that work leading up to today's Internet was a damn good cooperative effort.

  17. I don't buy it by naplam33 · · Score: 0

    For god's sake, if you want to map access points, you just need to look at 802.11 management frames. Keeping data packets is not only useless, it takes a lot of disk space. It was either intentional or unbelievably stupid (i'll let you guess which one...). TFA is a joke, you cannot infer essid (text ap name) from data, mac is useless, even if you do look at data packet headers, you don't need to log the data or look into them.

  18. While I agree Google did nothing wrong... by Derek+Pomery · · Score: 1

    And that the people should have been using WPA if they wanted a private network, and DEFINITELY HTTPS for passwords and such if they didn't mind opening their network...

    Despite that, Google should have had more sense.
    Why, if they only needed packet headers, did they not wipe the packet contents before saving 'em?

    Seems like a simple and obvious thing to do to prevent possible future action against them.

    --
    -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
    1. Re:While I agree Google did nothing wrong... by naplam33 · · Score: 0

      Because, obviously, they wanted to mine the data. wake up guys... this is no silly mistake!

  19. Google Fucked UP by Anonymous Coward · · Score: 0

    Stop trying to make excuses for them. Stop trying to be their advocate. They did something that people don't like. Defending and excusing them won't change it. It just means you aren't listening to the people with a problem. It'd be one thing if folks were going down to their datacenter with pitchforks and barrels of tar and chicken feathers, but so far as I know they're not.

    I'd give a long response as to why people perceive what Google did as wrong or something they don't like, but eh, it's not worth it. If you don't get it by now, you'll have to deal with that on your own.

    I just wish you'd stop sucking up to them.

  20. Or put another way: by Anonymous Coward · · Score: 0

    Reader Lauren Weinstein found a blog post that gives a good, fairly technical explanation of why this rape was incidental, and why it's easy to rape someone accidentally in the course of being "out on the town".
    "Although some people are suspicious of their explanation, the defendant is almost certainly telling the truth when he claims it was an accident. Having a package means it's easy to inadvertently start raping, and be unaware of it. ... It's really easy to not be a victim of rape: simply don't leave your house. This completely stops the defendant (or anybody else) from spying on you. ... Laws against this won't stop the bad guys (real rapists). They will only unfairly punish good guys (like the defendant) whenever they make a mistake. ... [A]nybody who has experience with this would believe the defendant..."

    1. Re:Or put another way: by Anonymous Coward · · Score: 0

      When an article is so preopsterous it's necessary to find out just who this reader who "found a blog post" is.

  21. I trust Google on this one. by jrhawk42 · · Score: 2, Interesting

    Basically Google probably could of swept this under the rug, and most companies would have. Google on the other hand came out as the only source. There was no accusations, or indication that this information would leak yet Google freely informed the public that this was an accident, and took responsibility. Maybe there was some underlying motive, maybe there's information we don't have, but with all the info that's out right now it seems Google acted as a good samaritan.

    1. Re:I trust Google on this one. by naplam33 · · Score: 0

      yeah, right. they weren't forced to disclose it and play good guys since european authorities have an eye on them...

    2. Re:I trust Google on this one. by Anonymous Coward · · Score: 0

      And they should be duly punished for doing so.

    3. Re:I trust Google on this one. by DerekLyons · · Score: 1

      Basically Google probably could of swept this under the rug, and most companies would have. Google on the other hand came out as the only source. There was no accusations, or indication that this information would leak yet Google freely informed the public that this was an accident, and took responsibility

      Basically, what Google has done is to attempt to sweep this under the rug. They claimed they hadn't been doing anything but sniffing addresses - and when challenged in court to provide the data they had stored, they 'discovered' that they had stored much more information 'accidentally'. They've been trying to spin it ever since, and legions of Google fanboys have been their willing zombies.
       
      You cannot 'accidentally' capture and store data - it takes a deliberate act to do so. (It's either that or supreme incompetence to fail to notice that a database that should only have been 'x' size was 3'x' in size.)

  22. Astroturfing by Wyatt+Earp · · Score: 1

    A blog post by a "a high-end cyber security consulting company" is going to settle it?

    Do we know if they've consulted with Google? If a "high-end oil industry consulting company" came out and said the Deepwater Horizon wasn't really BP's fault would we believe them? Or if a "high-end automotive industry consulting company" said that Toyota's unintended acceleration issue wasn't a car problem but due to user error would we be giving them a pass?

    Hell this is slashdot, its Apple's fault when AT&T doesn't encrypt their 3G data.

  23. Simon Says: by Anonymous Coward · · Score: 1, Insightful

    Pretending that WPA provides security should be illegal too.

  24. Two cents by Anonymous Coward · · Score: 0

    Vulnerability doesn't mean you can't expect privacy; if you allow the idea that only unbreakable cryptology has the expectation of privacy you've painted yourself into a corner 'cause a) there is no such thing b) there will never be such a thing. Besides, who made Google god and guardian of all things digital? Just because you can get on a network doesn't mean you should be allowed to do packet sniffing and record the traffic.

  25. Experts Know by Anonymous Coward · · Score: 0

    So, experts know that it's easy to collect Wi-Fi payload data accidentally.
    Google says, it was accidental.

    It follows that Google either lacks the experts in the field (unlikely), or somehow forgot
    to filter only the relevant data. Quite convenient, especially for Google's biggest customer.

    1. Re:Experts Know by AHuxley · · Score: 1

      Yes and they want to be able to roll out a fiber network...
      Be fun if they have to show some regulatory agency their track record around the world :)

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:Experts Know by Anonymous Coward · · Score: 0

      You're right, we should go with AT&T instead as they are experts in privacy.

    3. Re:Experts Know by AHuxley · · Score: 1

      They looked after Room 641A just fine. When exposed they played their part well until the both US parties could stop any legal traction.
      So yes AT&T does look after the privacy, just not that of telco users or ipads.

      --
      Domestic spying is now "Benign Information Gathering"
  26. Privacy? by Have+Brain+Will+Rent · · Score: 1

    Shouldn't you have some say as to whether your access point is published to the whole world?

    It's always seemed ass-backwards to me that you have to take specific action and pay to not have your name and address published in a phone directory. This seems like the same sort of thing. Too hard to go and ask everybody for permission? Too bad - that's not an excuse for violating privacy.

    --
    The tyrant will always find a pretext for his tyranny - Aesop
    1. Re:Privacy? by cynyr · · Score: 2, Insightful

      You do, ensure that it's broadcast power is low enough so as not to escape the walls of your dwelling, and encrypt the traffic (WPA2 preferably).
      No privacy was violated, it's not like the guy in van drove up the to the house, and shoved an antenna though the mail slot. I mean this is like complaining the guy making a movie in his backyard recorded your shouting over his fence, don't shout then!

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    2. Re:Privacy? by Have+Brain+Will+Rent · · Score: 2, Insightful

      No, this is complaining that they are identifying that you have an access point at all and then (presumably) making that information publicly available. Setting the power so the signal doesn't escape the house - while still reaching all areas of the house - is not practical. It also puts the onus on you to "hide" rather than on them to obtain permission before publicizing information about you. As for your analogy, I think this is a better one: this is like them driving up beside your house and looking in the windows with binoculars and then publicising to the world the contents of your house.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    3. Re:Privacy? by agrif · · Score: 1

      Looking through windows is different because the windows are obscuring the contents of the house, making it reasonable to assume that those contents are private.

      Not so with broadcast SSIDs. It's called broadcast for a reason: you want people to see and know about it. If you don't, don't broadcast an SSID!

      As for collecting the other information, in a sane world, that would be legal. This information is also broadcast, it's just that almost nobody who uses WiFi daily knows this. That information has every reasonable property of being publicly available. Hell, you receive all of it anyway, before the wireless card filters out the other packets and sends it on to the OS. But instead of securing our APs, we make laws that make receiving broadcast data illegal.

      Basically, everyday people can't be expected to operate their home networks responsibly, so instead our laws start to make little technical sense.

      *shrug*

    4. Re:Privacy? by DamnStupidElf · · Score: 1

      Setting the power so the signal doesn't escape the house - while still reaching all areas of the house - is not practical.

      The world's tiniest open source violin weeps for your inability to alter the fundamental laws of physics. If I may offer a much more apt analogy; what Google did is akin to saying "If you want to get to the library, go down Main Street and take a left at the red house with a blue door and an apple tree in the yard" where it's your red house with a blue door and apple tree in question. Everything is publicly viewable to someone walking down Main Street, and Google is merely using public information to offer navigation assistance. The practical benefit of such a service vastly outweighs your privacy concern. If you want to keep your absolute privacy, live underground and stop emitting RF.

    5. Re:Privacy? by Have+Brain+Will+Rent · · Score: 1

      Looking through windows is different because the windows are obscuring the contents of the house, making it reasonable to assume that those contents are private.

      Ummm, excuse me? Windows are obscuring the contents of the house? I think you may have them confused with walls or perhaps curtains. The primary function of windows is to let light, i.e. radiation, i.e. signal, travel through them. By your lights anyone with windows who doesn't keep blinds constantly drawn (in which case what's the point of the windows) or have frosted/tinted/mirrored/etc. treatments is inviting people to look into their homes and publicise what they have in the home (and this - publication - is a major point which seems to be getting lost). Not knowing the access point name is like not knowing the brand of leather couch they see through the window. In either case they have still determined you have the couch/AP. And then they pass on that info to anyone who cares to know. No thank you sir.

      I bet there are a lot of countries where it could be a problem for people if the government were able to simply query Google and see who has wireless AP's.

      Privacy in society is being lost at breakneck speed and once it's gone it's gone. We should be guarding our privacy not allowing it to more easily be taken.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    6. Re:Privacy? by Have+Brain+Will+Rent · · Score: 2, Insightful

      Your selective quoting and attempted sarcasm are rather pointless since I was merely pointing out the flaw in the suggestion I received. But your attempt at wit is noted.

      As for your analogy, it is not apt. Let me fix it for you:

      "If you want to get to the library, go down Main Street and take a left at the house that has a big screen TV and large leather couch in the living room."

      Either you get that privacy is being increasingly encroached upon and that encroachment is a problem, or you don't. You don't seem to get that so I really see no point in further "discussion" with you (and wouldn't anyway since you seem to need to massage your ego by attempted wit and sarcasm). If it will make you feel better go ahead and have the last word. Make it a four letter one if you like.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    7. Re:Privacy? by causality · · Score: 1

      Looking through windows is different because the windows are obscuring the contents of the house, making it reasonable to assume that those contents are private.

      Ummm, excuse me? Windows are obscuring the contents of the house? I think you may have them confused with walls or perhaps curtains. The primary function of windows is to let light, i.e. radiation, i.e. signal, travel through them. By your lights anyone with windows who doesn't keep blinds constantly drawn (in which case what's the point of the windows) or have frosted/tinted/mirrored/etc. treatments is inviting people to look into their homes and publicise what they have in the home (and this - publication - is a major point which seems to be getting lost). Not knowing the access point name is like not knowing the brand of leather couch they see through the window. In either case they have still determined you have the couch/AP. And then they pass on that info to anyone who cares to know. No thank you sir.

      I bet there are a lot of countries where it could be a problem for people if the government were able to simply query Google and see who has wireless AP's.

      Privacy in society is being lost at breakneck speed and once it's gone it's gone. We should be guarding our privacy not allowing it to more easily be taken.

      Anytime there is a decently large-scale violation of either freedom, privacy, or both, there are always legions of useful idiots who will make excuses and justifications for it. It's a necessary component of any such violation. It gives the illusion that there is legitimate debate about the ethics of deploying clever and/or novel ways to conduct surveillance on people. It's a convincing illusion for the rather unenlightened who believe that privacy is about convenience and not about fundamental rights.

      Note that "useful idiots" can otherwise be intelligent; the idiocy is the failure to recognize that they are supporting and defending what is not actually in their interests. No one outside of Google benefits from the gathering of this data. If you are a member of Google, you are worthy of dismissal as a baised reference with a vested interest. If you are not a member of Google, then this activity will either do nothing for you or it will harm you by reducing your privacy. A thing that cannot benefit you in any significant way is, by definition, not in your interests.

      Why so many line up to defend this action is encompassed by one word: fanboyism. I think it's religious in nature because it certainly has no rational basis. Any mention of the fact that anyone with a sufficient antenna can easily and legally intercept this data misses the point entirely, for that falls under how Google is able to do so and completely fails to address whether this is in our interests. Reading the posts in this discussion, that's the one point that the fanboys refuse to acknowledge or understand.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    8. Re:Privacy? by easterberry · · Score: 1

      did it ever occur to you that some people just don't care about the privacy of an unsecured network and honestly don't think it's a big deal? Because I have a friend who doesn't even broadcast and SSID and refuses to use facebook. Me? I have my full name and address various places on the internet and I don't care because I'm confidant that nobody is going to do anything with it.

      it's not that I'm a Google fanboy. It's just that I don't consider personal data being in the hands of a corporation to be that big of a deal? What are they going to do with it that will negatively effect me? Target ads at me with the fury of 1000 suns?

    9. Re:Privacy? by DamnStupidElf · · Score: 1

      Either you get that privacy is being increasingly encroached upon and that encroachment is a problem, or you don't.

      Privacy exists only as a deficiency in the sensory ability of human beings. As science improves the senses, privacy necessarily disappears or changes. I think that reducing privacy will actually benefit society. How long have people suffered in secret? Feared the hidden agenda of those in power? Hidden their true self from others for fear of disapproval? Obviously society isn't ready to make the jump from privacy to complete and frank openness overnight, but we should at least be aware of its inevitability and prepare for it. The key is to make everything transparent; not just the lives of everyday people but of the rich and powerful as well. Leave no stone unturned, and the result is a completely informed, aware group of citizens who know what the real problems are and what resources are available to fix them. It will be nothing less than the second enlightenment.

    10. Re:Privacy? by causality · · Score: 1

      Yeah, people once said "what is anyone going to do with it that could harm me" about Facebook and MySpace pages. They said that right up until employers started using this information to decide whom to hire and fire. "Is that a picture of our employee at a wild frat party holding a beer and a bong? Yeah, we don't need him anymore." The people who didn't care about privacy in that case and happily made such information public record also ignored and dismissed the pro-privacy advocates.

      Please refute my logic if you can: if something cannot possibly benefit you but could possibly harm you (and maybe in unanticipated ways), clearly it is not in your interests to support that thing or to actively participate in it; furthermore, doing something that is not in your interests amounts to poor decision-making. Now, if that statement contradicts itself or displays any logical fallacy, feel free to let me know.

      I'm quite confident that it is sound logic, and as evidence I present your less-than-subtle attempt to steer this conversation away from logic and towards whether you personally approve of a mild form of exhibitionism. You obviously need to resort to such weak tactics as pretending that I spoke about a matter of opinion, since after all one cannot possibly refute a personal taste, preference, or opinion. If you care to edify yourself, what you're doing there is known as a straw man and it will only work on those who are naive and easily distracted.

      Now, if you can handle addressing my reasoning with reasoning of your own, I'd like to hear from you.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    11. Re:Privacy? by Have+Brain+Will+Rent · · Score: 1

      Privacy exists only as a deficiency in the sensory ability of human beings.

      The existence of privacy is a matter of choice. And it's a damn good choice.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    12. Re:Privacy? by easterberry · · Score: 1
      First off, that's a terrible analogy. ME putting pictures of MYSELF doing illegal (in the case of the bong) things and then my boss seeing them and firing me (which I'm pretty sure led to a bunch of "you can't fire me for what I do in my spare time" laws anyways) has nothing to do with Google gathering private data to use internally. I'd say it's like comparing apples and oranges but those are actually very similar things unlike you example and the issue being discussed which are such dissonant concepts that besides they both caused huge moral outrage by the pro-privacy people which I consider unfounded they're all but unrelated.

      To address your actual point you think I missed though

      Anytime there is a decently large-scale violation of either freedom, privacy, or both, there are always legions of useful idiots who will make excuses and justifications for it. It's a necessary component of any such violation. It gives the illusion that there is legitimate debate about the ethics of deploying clever and/or novel ways to conduct surveillance on people.

      I have no problem with people getting data which I am publicly displaying or broadcasting and I see no ethical violation in anyone collecting it. Therefore, there is a legitimate debate. The fact that you are on the opposite side of the debate does not nullify the existence of legitimacy of mine.

      It's a convincing illusion for the rather unenlightened who believe that privacy is about convenience and not about fundamental rights.

      I don't believe privacy is as fundamental of a right as you do. I believe that if you actively try to hide something because it doesn't harm anyone but embarrasses you you should have the right to that information not getting out, but when you broadcast unencrypted data or, to work in your facebook example, put information about yourself on a public website which exists for the sole purpose of showing other people information about yourself your privacy rights are rendered null and void.

      Don't stand naked in front of your window and then complain when someone looks through the window and sees your unmentionables. Either stay away from the window or wear pants.

    13. Re:Privacy? by DamnStupidElf · · Score: 1

      The existence of privacy is a matter of choice. And it's a damn good choice.

      At best it's the choice of society to respect any given individual's privacy. I suppose there are two ways to get what you want; convince everyone else that they should respect the level of privacy that you want, or use technological solutions to preserve your privacy. I have no problem with either approach; I'll simply argue against a legislated level of privacy that I think is silly.

    14. Re:Privacy? by causality · · Score: 1

      I'll take this to mean you are unable to refute my logic. In all likelihood you were wise not to even try as it is quite sound. Yet you were unwise to continue reiterating your position (already known to me) without addressing my direct and explicit reason-based challenge to it or refuting my accusation of having pulled a straw man.

      I like and appreciate your tenacity. Indeed, many opponents will be overwhelmed by that alone and unable to match it. Your logic and argumentation skills need some work however.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    15. Re:Privacy? by easterberry · · Score: 1
      big words don't make you good at making points any more than declaring your own victory grants it. But let me do this your way. The reason that it you who commit the strawman, as opposed to me, is as follows: You stated

      if something cannot possibly benefit you but could possibly harm you (and maybe in unanticipated ways), clearly it is not in your interests to support that thing or to actively participate in it; furthermore, doing something that is not in your interests amounts to poor decision-making.

      This implies that what google did gives me no benefit and can potentially harm me, which is clearly not the case.

      I use Google Earth. The increased accuracy and efficiency of its improvement is to my benefit. Them doing something to motivate them to do it more rapidly is to my benefit. And even if you claim I could have reaped these benefits equally without their data collect, there is no possible harm to me as a result. As I stated, all they will do with this information is target ads at me more effectively, and I LIKE targeted ads. If I'm going to be seeing adverts anyways I would prefer they be for something I might have use for or at least something that interests me enough to click through, thereby supporting the site the ad is on.

    16. Re:Privacy? by causality · · Score: 1

      Google managed to provide Google Earth and also managed to be a profitable, successful company before it decided to gather and record Wi-Fi data. Therefore, it has already been demonstrated that gathering and recording Wi-Fi data is not necessary for the provision of Google Earth, Google Search, and all other Google services.

      Ergo, your argument that making apologies (apologia, i.e. "defense") for the gathering and recording of Wi-Fi data does anything to enhance your online experience is lacking evidence. Indeed, the paragraph above points out that there is evidence against it. Therefore, it's intellectually dishonest to claim that you benefit from this practice of surveillance because that has never been established. It follows that the conditions of my original statement of "it can either fail to benefit you or it can do harm to you" remain satisfied. When a condition is satisfied by the facts of the matter and has never been falsified it is erroneous to call it a "straw man".

      That's the objective portion of this discussion. Your personal feelings about targeted ads are subjective opinions and therefore not a valid subject of reasoned argumentation. That's no less true now than when I mentioned it before.

      You are at least trying this time, I'll grant you that. I thought it was a bit cute that you seemed to have no knowledge of what a "straw man" was until I mentioned it and gave you a reference for it, then you proceeded to use the term incorrectly. If you intended to give the impression that you are skilled at formal argumentation and knew about such fallacies all along, you have not succeeded. If you did not know about it before and decided to use it now that I have introduced you to the concept, you should know that it's a losing game to be the effect of someone else's cause.

      --
      It is a miracle that curiosity survives formal education. - Einstein
  27. They most certainely broke the law by ant-1 · · Score: 1

    There's a very good article at The Register (I know, a lot of people here consider it a tabloid but the author is Alexander Hanff of Privacy International) explaining why it is almost impossible for Google not to have planned the storage and processing of the unencrypted data. It's here.
    Their argument boils down to :
    - They have software-building experience and processes and therefore it's not possible the code that stores/parses the unencrypted data is rogue code.
    - They actually stored the data, they were not just processing it for location purposes then discarding it (as confirmed by the french agency in charge of privacy that obtained a portion of the data (article here). It's doubtful they exploited the passwords they found, though.

    So they broke the law by retaining private data and they planned on doing it (their code development processes surely would have picked up the code doing the storing before production if this code was not wanted) thereby proving intent. I don't think (as the author does) that they intended to use the code for location-based advertising, but nonetheless Google must respond of its actions before the justice of the offended countries.

    1. Re:They most certainely broke the law by WeatherGod · · Score: 2, Insightful

      That would make sense if Google wrote all of the code themselves. However, they used many off-the-shelf, open-source tools to perform their data collection.

      The defaults in those tools is to grab all the frames. So, the guy who put together the tools (who probably was not a privacy-minded person) says "It works great! We have the data that we want, see?" and shows the finished product to his boss. The boss, who might have been more privacy-minded, probably looked at the finished product and saw no personal information, and gave it a checkmark. Completely missing the intermediate data product that no one was using.

  28. If people have something to hide by Snaller · · Score: 1

    They can ask google to remove the pictures. That's more than you can ask the government when its cameras pick up you.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  29. volume, people! by Tom · · Score: 1

    Yes, I'm sure it's easy to accidentally capture a few more packets than you thought.

    It's probably only a little bit less easy to also accidentally store the whole packets on your harddrive, instead of just the bits you care about.

    But once you have several frigging drives full of the stuff, you ought to notice, don't you think?

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:volume, people! by Anonymous Coward · · Score: 0

      But once you have several frigging drives full of the stuff, you ought to notice, don't you think?

      660G fits on one hard drive, and we're talking about one of the largest IT companies in the world. Can a bank lose a $100 bill? Can an Apple engineer misplace an iphone? But hey, these were pros, and the data was important, so let's modify that to: can an Apple engineer misplace an unreleased prototype iphone?

    2. Re:volume, people! by Tom · · Score: 1

      touche

      --
      Assorted stuff I do sometimes: Lemuria.org
  30. Re:FR0$T P&$$ by Antidamage · · Score: 4, Interesting

    You make an excellent point.

    For my part, I'd like to point out that if Google wanted to read your email, they wouldn't bother collecting wifi data. They'd just read yer fucking email.

  31. Are you fucking shitting me? by Anonymous Coward · · Score: 0

    How the hell can anyone buy Google of all companies using the excuse of "We didn't know the technology worked that way"? That's the worst excuse a technology company could possibly use! Christ.

    Either Google's lying, or incompetent. Which is it, Google? Dumbfucks or assholes? DUMBFUCKS OR ASSHOLES?!

    1. Re:Are you fucking shitting me? by AHuxley · · Score: 1

      The "I'm not a cement/wifi engineer, I'm afraid" seems to be the classic stonewalling line.

      --
      Domestic spying is now "Benign Information Gathering"
  32. Not necessarily by Anonymous Coward · · Score: 0

    This isn't actually true in common law jurisdictions, for many crimes some level of mens rea or "guilty mind" has to be present for a successful conviction. Inadvertent data collection might not be a crime. http://en.wikipedia.org/wiki/Mens_rea

  33. Look at the code. by Anonymous Coward · · Score: 0

    Here's the result of the independent audit - its actually pretty cool, if you ever wanted to see Google source code, here's your chance :)

    You'll see that there are 3 flags designed to discard the packets contents. Unfortunately the default is to keep, not discard. If it was thought by the original engineer that these would be turned off in production that was a really bad design decision, given that whoever moved it into production must have forgotten to set them (and these wouldnt be the only flags in the overall code remember).

    http://static.googleusercontent.com/external_content/untrusted_dlcp/www.google.com/en//googleblogs/pdfs/friedberg_sourcecode_analysis_060910.pdf

  34. The defense rests. Oh no wait... what about this? by CuteSteveJobs · · Score: 1

    So Google's WiFi snooping and logging was a perfectly-understandable inadvertent accident *and* was done by a rogue programmer. Get your story straight, Google! http://www.techeye.net/internet/google-blames-engineer-for-street-view-snooping

  35. Then why didn't they keep all data by Anonymous Coward · · Score: 0

    The software they used made a clear distinction between cleartext and encrypted data : they kept the packet headers in both cases but only kept the payload data when it was cleartext.
    They didn't simply record blindly everything, they made a clear selection of certain data.

    The "accident" argument is thus debatable.

  36. Mods Fail To Get Simple Things Right, Again by causality · · Score: 2, Insightful

    Your ends-justifies-the-means concept holds no water.

    My wifi access points are a matter of public knowledge. After all-- they're freaking radios. What's not public knowledge is anything after the location of it, and its authentication- if any.

    The data that flows there is mine, and no one elses. The other MAC addresses associated with the AP are also my business, and no one else's. Differing jurisdictions have different views of the severity of the theft that their mindlessly-stupid shark-like gobbling did. I hope they suffer the higher of the common denominators of justice.

    At the time of this writing, the parent post is marked "Troll".

    How is this trolling? Consequentialism is a valid thing to argue against. Granted, you may disagree with parent's opinion of what is and is not a private component of a Wi-Fi transmission. If you disagree with him that a violation has occurred then you would necessarily also disagree that Google should suffer legal action from any sort of justice system. If that's the case, then the respectable non-cowardly way to handle it is to argue against it and take him to task.

    I'll spell this out since a lot of mods clumsily fail to grasp a few basic concepts. "Troll" is something of an accusation or judgment. That doesn't change because you express it by selecting it from a menu rather than directly confronting the poster. As such, it requires at least some kind of positive indication. Specifically, it would require a good reason to believe that the parent poster could not conceivably express the above as a sincere opinion and is saying it merely to get a reaction out of others. There is no such indication here.

    This reminds me of too many Apple discussions, in which the fanboyism towards $popular_company is stronger than the love of free speech or the ability to handle opinions with which you disagree. I don't particularly care so much about the waste of a perfectly good mod point. Rather, the hypocrisy is what needs to be pointed out.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  37. collecting not so bad, keeping is evil by Anonymous Coward · · Score: 0

    It's not so much that they collect the data inadvertently, it's that they keep it, then share it with the Government.

    That's when it becomes not so inadvertent.

    They literally are keeping all of the information until the Government has reviewed it all and "permits" them to delete it.

  38. "Laws against this won't stop the bad guys" by AHuxley · · Score: 1

    The thing about the data protection laws is it will not do much about the data capture. When your caught in possession of other peoples data, the extra privacy laws start to add up.

    --
    Domestic spying is now "Benign Information Gathering"
  39. False Dichotomy Somehow better? by fm6 · · Score: 1

    Who's saying there should not be laws? TFA is saying that laws don't solve anything, which is quite a bit different.

    I was going to use a house as an analogy, but since this is Slashdot, I'll make it a car. If everybody goes around leaving keys in the ignition, lots of cars are going to be stolen. Now, when crime rises, people demand tougher laws, but tougher laws aren't always the solution, and wouldn't be in this case. Pointing that out is not the same as saying that it's OK to steal from careless people.

    We Americans seem to be particularly blind to the limitations of punitive laws. That's why we have a bigger percentage of our population behind bars than any other country. (The USSR and South Africa used to be ahead of us, but they've been through some changes...) Most of these convicts have some connection with the "War on Drugs", our 40 year effort to stamp out drug usage once and for all. The main result of which has been to make various drug lords rich (we're talking an 87 billion dollar industry), make a lot of innocent people dead, and create maybe a marginal reduction in illicit drug use.

    Whenever I point this out, somebody accuses me of advocating legalization of drug use, just as you accuse TFA of advocating legalized data theft. False dichotomy, dude. The choice is never as simple as tough laws or no laws at all.

  40. Re:FR0$T P&$$ by Anonymous Coward · · Score: 0

    And you think they don't? look at the ads and then look at the content of your email. hmm... somewhere there is a record of that herpes ad was displayed to your account x times.

  41. It ain't so easy to accidentall keep data though. by Anonymous Coward · · Score: 0

    Accidentally collecting might be plausible, but accidentally storing the data after you've collected it isn't so plausible.

  42. Re:FR0$T P&$$ by Anonymous Coward · · Score: 0

    They'd just read yer fucking Gmail.

    Fix'd that for you.

  43. If Google had any sense of ethics by Aqius · · Score: 1

    This never would have been a topic. Whilst the mechanism for capture works exactly as posted, the argument and defence of Google in this situation is ridiculous. The possibilities are obvious to anyone with an iota of techincal intelligence namely that 1. The vast majority of access points scanned would NOT be public and consequentially, 2. Confidential information would be captured by Google staff without end user knowledge and/or consent It would have been well within Googles capabilities to create a sniffing application that automatically scrubbed the payload data - packet header sizes and types are not random. At the very least, I expect anyone can acknowledge that as one of the largest technological leaders, Google have completely failed to demonstrate care for the 'masses' along with any form of due diligence. Personally, I hope they get fined 30% of their revenue for the year for gross negligence. How the results of the scans (ie: not the payload data) are actually used is another potential explosion if you care to think about it.