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April 17th, 2003, 07:58 PM
#6
I agree we have beat DMCA and Super-DMCA to death, but this is different.
This article discusses using the Federal Wiretap Act to snag you for "intercepting" communications without the other party's consent.
I submit that A, they are trespassing in the first place so its not "wiretapping" and B) it wouldn't hold up in court.
They do make the point that it may depend on the proximity of your honeypot to the real server. In other words, if Joe Hacker was trying to get to Server A and you redirect the connection to Honeypot A that is somewhere else on a whole other subnet or something you, in effect, have intercepted and hijacked the communication intended for Server A.
I question whether the law would apply in that way though. Again, Joe Hacker would be trespassing on your network in the first place so you are within your rights. If you have a fake safe in your house to "attract" burglars while you hide you real valuables in a Pringles can in the cupboard can the burglar sue you for tricking him? I don't think so.
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