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Legal Issues

by Mike Masnick

Fri, Aug 2nd 2002 12:26pm





Are Honeypots Entrapment?

from the where's-that-rant? dept

Earlier today, someone commented on the do trespassing laws apply to the internet post, by saying not to get him (or her) started on why honeypots were entrapment. Well... perfect timing. At the Black Hat Briefings today a Justice Department lawyer laid out all the pitfalls of setting up honeypots, including that they might be considered entrapment. They also might violate wiretap laws, and people who set up honeypots may be liable for any damages if those honeypots are used for an attack.

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  1.  
    identicon
    Ed, Aug 2nd, 2002 @ 6:00pm

    Wiretap?

    I don't understand how a monitoring your own honeypot could possibly violate wiretap laws. It's not like you're monitoring all network traffic. Someone (a hacker, presumably) is sending data specifically to your machine. Why wouldn't you be allowed to look at it?

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Aug 4th, 2002 @ 4:04pm

    Re: Wiretap?

    Nothing wrong with monitoring your own honeypot, but do like the Spitzner and company and use it for research.

    Using a honeypot to put the (legal) hurt on somone morally, ethically and intellectually bankrupt. I am, in fact, all in favor for establishing "attractive nusance" laws to reduce and restrict the amount of law enforcement stupidity currently happening.

    BTW, I have run across law enforcment hacks at the end of their carrers who actively search for that "Mitnick Bust" that will allow them to "write a book" and retire comfortably.

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Feb 14th, 2003 @ 8:17am

    Re: Wiretap?

    now suppose a drug dealer asked the undercover cop if he/she were a cop and the undercover cop replied "no". Would this undercover cop be in violation of entrapment.

     

    [ reply to this | link to this | view in thread ]


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