RE: Amish Teen illegally wiretaps neighbors Phone

[Blanchard_Michael () emc com]

 Yes, absolutely picking up any broadcast of any kind is not illegal (well, analog cell phone band is a different story 
in the US).  That's not my concern, it's the fact that someone can be sued like that.

  There is also the issue that neither party of the conversation was aware that they were being recorded.  Usually 
audio recordings like that require a court order, or one party of the conversation has to be aware they are being 
recorded.  Although it was broadcast in the clear....

  Just bugs me I guess....  


Michael P. Blanchard 
Antivirus / Security Engineer, CISSP, GCIH, MCSE, MCP+I 
Office of Information Security & Risk Management 
EMC ² Corporation 
4400 Computer Dr. 
Westboro, MA 01580 


-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org] On Behalf Of dparis () w3works com
Sent: Thursday, February 23, 2006 1:38 PM
To: funsec () linuxbox org
Subject: RE: [funsec] Amish Teen illegally wiretaps neighbors Phone

The way I read it, the Aronsons are pretty well in the clear.  The
Quigleys used wireless phones with a frequency that could be picked up by
an (assuming untampered with) police scanner.  That's public airwaves. 
The only argument that can be then made is "is it legal to record anything
broadcast on public RF channels?"  If so - then the Quigleys just learned
a very expensive lesson in why you shouldn't say anything you don't want
printed as a headline of the New York Times - or if you do, use corded
phones (requires legally[?] sanctioned wiretaps), or cordless phones which
either a) change frequency between handset and basestation periodically,
b) encrypt between handset and basestation, c) do not use frequencies that
are picked up by police scanners or d) some combination of the above.

Still, 10.5MM$USD?!  Give me a break.

Best~
-dsp

>  So the Aronsons illegally listened into their neighbors phone
> conversations, hear them say some jokes that they took offense too, and
> sued them for 10.5M USD?
>
>    Sounds like the Aronsons are the ones that are doing something wrong to
> me....
>
>   Mike B
>
>
> Michael P. Blanchard
> Antivirus / Security Engineer, CISSP, GCIH, MCSE, MCP+I
> Office of Information Security & Risk Management
> EMC ² Corporation
> 4400 Computer Dr.
> Westboro, MA 01580
>
>
> -----Original Message-----
> From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org] On
> Behalf Of Gregory Hicks
> Sent: Thursday, February 23, 2006 12:08 PM
> To: funsec () linuxbox org; rms () bsf-llc com
> Subject: RE: [funsec] Amish Teen illegally wiretaps neighbors Phone
>
>
> > From: "Richard M. Smith" <rms () bsf-llc com>
> > To: "'FunSec [List]'" <funsec () linuxbox org>
> > Subject: RE: [funsec] Amish Teen illegally wiretaps neighbors Phone
> > Date: Thu, 23 Feb 2006 11:53:21 -0500
> >
> > The kid got off a lot cheaper than these folks:
> >
> > ADL loses $10.5 million defamation suit
> > http://www.jewishaz.com/jewishnews/000512/adl.shtml
> >
> > As the dispute grew more heated, the Aronsons began listening to
> > cordless
> > telephone conversations of the Quigleys which they managed to overhear
> > with
> > a police scanner, and later recorded.
> [...]
>
> The difference is that the Aronsons actually *wiretapped* (and recorded)
> the
> phone calls while the Amish teen just used the 'tap' as a way to make
> "free" (to
> him) long distance calls...
>
> -------------------------------------------------------------------
> Gregory Hicks                        | Principal Systems Engineer
> Cadence Design Systems
> 555 River Oaks Pkwy M/S 6B1
> San Jose, CA 95134
>
> I am perfectly capable of learning from my mistakes.  I will surely
> learn a great deal today.
>
> "A democracy is a sheep and two wolves deciding on what to have for
> lunch.  Freedom is a well armed sheep contesting the results of the
> decision." - Benjamin Franklin
>
> "The best we can hope for concerning the people at large is that they
> be properly armed." --Alexander Hamilton
>
>
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