OVERNIGHT TECH: Durbin suggests new legislation in wake of Google Wi-Fi snooping case

The FCC’s report concluded that the data collection did not violate a wiretapping law, but the agency fined Google for not fully cooperating with its investigation.

Genachowski admitted that the $25,000 fine was “clearly a small amount,” but he said it was consistent with the agency’s precedent in similar cases.

{mosads}He explained that the FCC’s lawyers concluded that the wiretapping law only covers a Wi-Fi network if it’s password-protected. Because Google only collected data from unprotected networks, it did not do anything illegal.

“What puzzles me … is the notion that my Internet activity in my home, if it is not encrypted, is not protected, and that virtually anyone can tap into it for any purpose — commercial or otherwise with impunity,” Durbin said.

Genachowski agreed, and said Congress should update the wiretapping law to cover unprotected Wi-Fi networks.

“I do look forward to working with Congress on a way to address this because your central point no one can disagree with,” Genachowski said. “The law should protect people even if they have unprotected Wi-Fi.”

Durbin asked Genachowski to provide Congress with the FCC’s memorandum that formed the basis for its conclusion that Google did not break the law. Genachowski promised to share “whatever we can.”

“If it requires a change in the law, I’d like to consider that,” Durbin said.

Rockefeller hints at net-neutrality law if FCC rule is thrown out: Senate Commerce Committee Chairman Jay Rockefeller (D-W.Va.) said he is “impressed” by the Netherlands, which passed net-neutrality legislation Wednesday. But the Federal Communications Commission’s net-neutrality regulation is being held up in a court challenge. Rockefeller said his committee could act if the court throws out the rules. 

“We have a solid net-neutrality caucus here,” he said, while acknowledging likely opposition to any such legislation. “We also have a solid anti-net-neutrality caucus.”

IN CASE YOU MISSED IT:

Democrats introduced a bill to protect Internet passwords.

Senators clashed over privacy legislation.

Broadcasters accused wireless companies of hoarding spectrum.

A legal scholar said an antitrust case against Google would violate its free-speech rights.

Genachowski said he treats calls to pull Fox’s broadcast licenses “very seriously.”

The Senate Commerce Committee will hold an FCC oversight hearing next week.