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Hi Swaggy:

The standard uses tortured language for compactness. For example it may describe a circumstance that applies to BSSs generally, both infrastructure BSS and independent BSS, in a precise way that appears vague rather that say it one way for ESS and another way for IBSS.

The current 802.11 standard has no use for client stations to signal a preference regarding privacy when attempting association -- at least not with the privacy subfield of the capability information field which was invented in 1997. Non-RSN APs can do what they want with what the client stations put in their privacy subfields.

Since circa 2004 the privacy subfield is a one way street for announcing a BSS requirement for RSN privacy. A client station is evaluated on its association worthiness not based on its privacy subfield but on its RSN information element.

I hope this helps. Thanks. /criss