A minor point:
It is a good idea to make certain that LE people and possibly other
legal folks realize that a "honeypot" does not do anything to
attract attention. Unlike a physical honey-pot, there is no odor
to attract bugs; the attackers have to search for the machine.

I've heard a number of such folks who were under the impression a
honeypot does something to actively bring people to it.

This can affect willingness to prosecute, going to issues of whether
any implied consent to break in might have existed.

-----Original Message-----
From: Fred Cohen [mailto:fcall.net]
Sent: Monday, September 16, 2002 1:07 AM
To: honeypotssecurityfocus.com
Subject: More misconceptions about tainted evidence

> Note that it's actually pretty easy for a private individual or
corporation
> to be considered "acting under color of law" - any evidence that you
collect
> with the intent of turning over to law enforcement is probably tainted.

Actually, as far as I can tell, this is completely wrong. Just because
you providfe LE with evidence does not mean you are working for them.
If it did, then any corporation who called LE on a criminal matter would
be tainting evidence. The law on admissability of evidence is, in
essence, that any information collected in the regular course of
business is a 'normal business record' and is admissable under the
business records exception to heresay (it must be accompanied by expert
witness testimony as all such evidence must be).

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