Re: And the legal issues involved in this would be?

[Valdis.Kletnieks () vt edu]

On Wed, 21 Sep 2005 00:04:15 BST, Drsolly said:
> I can't imagine why there would be a legal problem. If someone wants to 
> capture all online chat to a file, that's their privilege. If they want to 
> share that file with the police, what's the problem? If the police provide 
> an easy way for the victim to do this, so what?

It claims to capture *all* traffic.  As such, you're sucking in messages from
people other than the one you're investigating.  Given the lengths that
the FBI had to go to in order to do a black-bag job on Scarfo (including building
a device that would turn itself off if the IRQ for the modem was active, to avoid
capturing keystrokes online) (see http://www.epic.org/crypto/scarfo.html - the
explanation in http://www.epic.org/crypto/scarfo/murch_aff.pdf is interesting).

In addition, there's the Carnivore-type issues - what guarantee do you have that
the device *can't* be enabled remotely and used to spy on you?  Carnivore
never addressed the "agent with subpoena/rogue agent without" problem, and it
isn't like we can trust the FBI to never, ever, ever spy on us without legal
grounds like it did to at least one Nobel Peace Prize winner...

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