Professor Kerr of George Washington's Law School offers a very
good analysis of the underlying Ropp case which appears to be an
aberration in the case law. See
http://hermes.circ.gwu.edu/cgi-bin/wa?A2=ind0411&L=cybercrime&F=&S=&P=73
Rick Aldrich
-----Original Message-----
From: owner-htcia@htcia1.securesites.net
[mailto:owner-htcia@htcia1.securesites.net] On Behalf Of Lachniet, Mark
Sent: Wednesday, December 01, 2004 9:56 AM
To: forensics@securityfocus.com; htcia@htcia1.securesites.net
Subject: [htcia] RE: Keylogger case
The Scarfo case is particularly interesting, in that they apparently had
to jury rig the key logger to not record while communications were
taking place to avoid wiretap laws. Some more info at
http://www.epic.org/crypto/scarfo.html on that.
I guess my question is this - was this a case of someone being
prosecuted under the wrong law, or is there really a big legal hole in
this area? Do we need a new law, or could the prosecutor have gotten
him dead to rights with a different charge? If so, what would have been
better?
P.S. - the Keycatcher is a great FUD tool for conferences. Well worth
the $60 just to pass it around and watch people get nervous :)
Mark Lachniet
-----Original Message-----
From: dave kleiman [mailto:dave@isecureu.com]
Subject: Keylogger case
"BY By Kevin Poulsen, SecurityFocus Nov 19 2004 6:40PM A federal judge
in Los Angeles has dismissed charges against a California man who used
a keystroke"
http://www.securityfocus.com/news/9978
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