IMHO a honeypot is just like any other computer. It would just happen to be a computer that has good loging systems/IDS's.

If you hacked joe shmoe, and joe requests the logfile from a proxy that the attacker went through, would it be illegal for the proxy to give up that log?

How can you define what the true intent of a computers use is.....all the admin has to say is that its his personal PC and no one could say other wise.

just my thoughts, take them with a grain of salt