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 17:48:07 -0700


________________________________________
From: Joseph Lorenzo Hall [joehall () gmail com]
Sent: Thursday, July 24, 2008 7:00 PM
To: David Farber
Cc: Matthew Tarpy
Subject: Re: [IP] what are the legal risks for work monitoring network

On Thu, Jul 24, 2008 at 2:44 PM, David Farber <dave () farber net> wrote:

________________________________________
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?


Great question!  My colleague Aaron Burstein here at the Samuelson
Law, Technology and Public Policy Clinic published a paper on legal
issues with network research:

http://www.icir.org/vern/cs294-28/papers/burstein_legal_leet.pdf

Here are the slides and notes from the talk:

http://www.icir.org/vern/cs294-28.Spr08/scribe/CybersecurityLaw-20080414.pdf
http://www.icir.org/vern/cs294-28/scribe/Legal.pdf

Like usability and security (to name two) it's best to get good input
on these issues during the research design stage of an experiment or
development process.  best, Joe

--
Joseph Lorenzo Hall
UC Berkeley School of Information
http://josephhall.org/



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