Last week we reported that Google sought appeal of the N.D. California ruling which had defined WiFi communications as a radio transmission (thereby holding Google in violating of the Federal Wiretap Act for intercepting WiFi communications with its Streetview cars). The Court has agreed to certify Google’s interlocutory appeal to the Ninth Circuit:
Thus, in light of the novelty of the issues presented, the court finds that its June 29 order involves a controlling question of law as to which there is a credible basis for a difference of opinion, and also finds that certification of the June 29 order for appeal would materially advance the litigation…
In re Google Inc. Street View Electronic Communications Litigation, 10-MD-02184 (N.D.C.A., July 18, 2011).
Now we wait and see whether the Ninth Circuit defines WiFi as a radio transmission.
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