I haven't heard anything lately about the exact legality of honeypots, so I couldn't tell you for sure. The whole article spawned from an indpendent study course I did on honeypots last year, in which I used Honeyd, by Neils Provos. At the time, he was a Ph.D student at the Univ. of Michigan and the state gov't passed some DMCA-in-nature law where software that hid it's original source was illegal. Honeyd, through the help of arpd, would take over unused IPs on a subnet and pretend to have actual machines sitting behind those unused IPs. I think that's what caused him problems, so he had it moved of shore for a little bit, but I'm not sure what's going on with it now. Aside from that, that's the only DMCA-ish problem I've ever heard of regarding honeypots. But granted, I've been bad and haven't looked into them in a while.

So, long story short, I'm not sure. I'll google it and report back...

alpha