RE: Legal Question about privacy

["Koseroski, Val" <Vkoseroski () mossberg com>]

Question 1) is the third party even aware of the hackers illegal
activities?

And then here is another scenario to look at:

Your hitchhiking down the road, a person stops, picks you up and give
you a ride,
five minutes later your pulled over by the police and both of you are
arrested,
are you a guilty party to the crime???

See the problem or "Grey area" of this type of crime. 

-----Original Message-----
From: Jack Cleaver [mailto:jackc () ntlworld com]
Sent: Thursday, July 24, 2003 9:28 AM
Cc: honeypots () securityfocus com
Subject: Re: Legal Question about privacy


Valdis.Kletnieks () vt edu wrote:

> On Wed, 23 Jul 2003 22:58:12 EDT, dave kleiman said:
>
> > Does a thief who broke into your house have an "expectation of
privacy"?
> The problem isn't the thief, the problem is the person that the thief
is
> hypothetically talking to on the phone almost certainly has an
expectation of
> privacy - they're sitting in their own living room, secure in the
knowledge
> that they're in a 2-party state (meaning local law requires both
parties to
> consent to recording a phone conversation), and they didn't consent to
any
> recording.

Doesn't that mean that the third party has cause for action against *the
hacker* for failing to tell them that the conversation is passing over
an unencrypted radio link?

-- 
Jack.



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