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From: Brad.DunnIntelsat.com
Date: Thu Jan 03 2002 - 08:59:26 CST

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    Gentleman, if the DEA can lure drug lords in by having agents out there with
    money to buy and drugs to sell, then I don't see what the big deal is with
    the whole honeypot theory as far as legal ramifications.

    -----Original Message-----
    From: Frederico Batista Oliveira [mailto:fbolivstudent.dei.uc.pt]
    Sent: Thursday, January 03, 2002 8:58 AM
    To: honeypotssecurityfocus.com
    Subject: RE: Entrapment and legal issues

    On Thu, 3 Jan 2002, Fernando Martins wrote:

    > As far as I know, at least here in Portugal, I suppose entrapment at a
    > honeypot/net level is not illegal. Anybody else in other european
    > countries can say the same?
    >

    Entrapment doesn't carry illegal issues, apart from a possible privacy
    violation. The theory behind a honeypot (and i mean the social theory) is
    similar to the common sense behind any hunter/hunted activity. You lure
    not a particular person but a stereotype of people into exploring your own
    resources so you can collect not only "target information" but statistical
    information about how the attacks are put into practice.

    This isn't, in my opinion -- i'm not related to law matters in any way --
    something that can be considered illegal (it isn't covered by any of the
    current portuguese IT-crime-related laws). It would be a good thing,
    though, to have a more strict cooperation with law inforcement entities
    (or at least legal advisors) in order to clarify some of these situations.
    I suppose this shouldn't be that hard in countries in which these issues
    are risen easily, like the US, but there's the fact that portugal isn't
    "aware" of this kind of incident/situation.

    > BTW, in a honeynet where IRC chats are included, do/can honeynets
    > capture DCC chats?

    As far as i know, due to the nature of direct client connection chats, the
    traffic surpasses the irc-network from the time on which the DCC is
    accepted and communication starts. Thus, i don't think it is possible to
    capture DCC connection traffic unless the traffic does, eventually, end up
    passing in the honeypot system (which is highly unusual). But please,
    correct me if i'm wrong, since i'm not sure about the time on which
    communication leaves the irc-network layer to a private client->client
    layer.

    >
    > F.M.
    >

    Frederico Oliveira

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