Google’s Street View project has enmeshed the company in litigation around the world, most notably over the company’s data collection from WiFi networks its camera cars passed while doing their work. (Google has claimed that this was a mistake.) In the US, a host of class-action lawsuits over the practice have been consolidated into a single case, and the California federal judge overseeing it has just refused Google’s motion to completely dismiss the case. Sniffing even open WiFi packets might indeed be wiretapping, he ruled.

The case remains at a preliminary stage, but the ruling grapples with an interesting question: the extent to which one can access an open WiFi network without falling afoul of the Wiretap Act. Judge James Ware drew a distinction in yesterday’s ruling between merely accessing an open WiFi network and actually sniffing the individual packets on that network.

In the first case, one is only jumping onto a network to send and receive’s one own communications; in the second case, one is looking into someone else’s communications, and doing so in a way that requires nontrivial technical ability or software.

The key question turns on whether open WiFi packets are “readily accessible to the general public,” since US law does provide an exception for monitoring such signals. Because Google’s Street View vehicles allegedly collected WiFi network names (SSIDs), unique hardware addresses (MAC addresses), usernames, passwords, and even “whole e-mails,” Judge Ware concluded that the plaintiffs had stated a proper Wiretap Act claim.

via Judge to Google: sniffing even open WiFi networks may be wiretapping.

A study from Ingolstadt even recommends installing specific Street View prohibition signs on private properties. Although local politicians apparently don’t like it, they can’t make the photo service illegal. Every single house owner has to ask Google themselves to get their removed from Street View. A complete ban would violate article 12 of Germany’s constitution which protects the freedom of occupation.

Therefore the city of Ratingen yesterday took an interesting decision: If you can’t kill it, then bill it. The finance committee ruled with 12 to 7 votes that Google has to pay €20 per kilometer to take pictures of the city. The head of Ratingen’s law department, Dirk Tratzig, had found out that a photographical capturing of the entire town is a “special usage” as defined in article 18 of the streets law of the province of Northrine Westfalia. Thus Google can be charged.

via If you can’t kill it, bill it: German city charges Google Street View by the kilometre.