Interesting People mailing list archives

what are the legal risks for work monitoring network


From: David Farber <dave () farber net>
Date: Thu, 24 Jul 2008 14:44:07 -0700


________________________________________
From: Matthew Tarpy [tarpy () tarpify com]
Sent: Thursday, July 24, 2008 4:59 PM
To: David Farber
Subject: RE: [IP] Researchers could face legal risks for work monitoring Tor network

Hi Dave--

I have a question for the folks on the list, regarding network traffic transiting a network.

The legal liability the researchers face, as I understand it is that they set up Tor nodes, and then peeked into the 
packets that transited their network via the nodes. Given the discussion around this and DPI, could someone provide a 
primer or a pointer to a primer as to what is considered legal and illegal for network operators to do for traffic that 
transits their network?

I'm acutely aware that there is a gulf between what is legal and what is {moral | ethical | good}, but I'd like to (and 
I'm sure others would) understand the basic framework of the legality of network monitoring. What's in-bounds, what's 
out of bounds, who decides, what recourse does someone have if their rights were violated?

Thanks in advance!

--matthew


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