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Time to unpack those radios that operate slightly under the noise floor, using shared correlation codes and synchronized clocks. P2P for the win.

[edit: grammar]

And if you are caught you get sent to jail.

If you're lucky.

If the signal is less than the noise floor how is it discernible from noise? Any references ?

By correlating on a shared code. But please don't take my word for it, I don't even have a license. See this [1] excellent Reddit discussion.