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December 7th, 2003, 06:32 PM
#11
Misunderstanding. If an attacker is caught because of activities they did against a private citizen's or private corporation's honeypot, the attacker cannot use entrapment as a defence. If, however, the FBI or other law enforcement setup a honeypot, the potential is there. Quite often people assume that honeypot = entrapment, hence the reason why we don't see it. The reality is that the individuals setting it up must be in a law enforcement capacity for it to be close to entrapment.
Whether it is or not in the end, assuming it's set up by law enforcement, is a debate in the courts.
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