There is no entrapment with honeypots. Entrapment is defined as inducing or
coercing someone into committing a crime that they would otherwise not have
committed. Honeypots are analagous to undercover narcotics agents waiting
to be approached by buyers. Perfectly legal.

>From: Lance Spitzner <lancehoneynet.org>
>To: honeypotssecurityfocus.com
>Subject: Entrapment issues
>Date: Fri, 13 Sep 2002 09:03:55 -0500 (CDT)
>
>Noticed some issues about entrapment being raised. One
>of the things I and several other members of the Honeynet
>Project are working on is better understanding and documenting
>the legal issues of honeypot technologies. We are currently
>working with the US Department of Justice to identify
>these issues. Currently we have identifed three areas dealing
>with honeypots.
>
> - Privacy
> - Liability
> - Entrapment
>
>Of the three, entrapment is the least issue of honeypots,
>yet it seems to be the one issue most people focus on.
>Entrapment is only a defense to avoid a conviction, you cannot
>be civily or criminally prosecuted for entrapment. Also,
>you can only use it as a defense against law enforcement, or
>its agents. Surprisingly, most legal professionals feel that
>even for law enforcement, honeypots are not an entrapment
>issue. The attacker was going to hack into some boxes either
>way, your honeypot did not change the attackers behavior, at
>most it just changed his intended target.
>
>Privacy is where things can get complicated, especially for
>high interaction honeypots that capture emails and conversations
>in real time. I'm not even going to try to document all those
>issues, I leave that to greater minds then I :)
>
>If you are interested in learning more, chapter 15 in the
>new honeypot book was written by Richard Salgado of the US
>Department of Justice, Jennifer Granick of Stanford, and
>David Dittrich of University of Washington. They documented
>these issues in far greater detail. Its based on US Federal
>law, but can be an interesting eye opener for anyone.
>
> http://www.tracking-hackers.com/book/
>
>--
>Lance Spitzner
>http://www.honeynet.org

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