I am not a lawyer.

If someone held up a bank teller with the full knowledge that there was a
video camera and VCR recording the whole episode from the time I entered the
bank until I left again through the front door with strategically handy
marked stacks of money, or even empty-handed, since the vault was on a
timer, is this entrapment? Not that I have noticed.

If I do essentially the same thing with a computer system on the e-highway,
making it clear that all who enter here will be monitored and prosecuted if
unauthorized, does the scenario change, whether or not there is anything of
real value at risk on the system, or practically accessible by it?

What if someone were to post information somewhere advertising an "easy
hack" system, or even provided a password or two, is this entrapment? If it
can be traced back to any association with the prosecuting party(s), likely
yes.

I am not a lawyer

mgr

Mike Ruscher, ITS Specialist I2, CSE/CST
mgruschercse-cst.gc.ca
Phone: +1 613 991-8040
ED/C200
http://www.cse-cst.gc.ca

-----Original Message-----
From: Iain McAleer [mailto:anarchysystemsdingoblue.net.au]
Sent: Thursday, January 03, 2002 10:16 AM
To: Brad.DunnIntelsat.com; honeypotssecurityfocus.com
Subject: Re: Entrapment and legal issues

Guys and girls,

Is anyone on this list using the information gathered from honeypots to
prosecute or gather information about people that would be invading their
privacy? I think we're using it to gather information about how to protect
ourselves. If honeypots are illegal surely every type of IDS and security
logging is infact illegal because it's logging what they are doing?

Just my thoughts.

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