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.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Ed, 2 Aug 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?

    link to this | view in thread ]

  2. identicon
    Anonymous Coward, 4 Aug 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.

    link to this | view in thread ]

  3. identicon
    Anonymous Coward, 14 Feb 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.

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.