RE: [ISN] To key or not to key

From: mea culpa (jerichoat_private)
Date: Thu Aug 20 1998 - 19:50:23 PDT

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    Forwarded From: blueskyat_private
    >Reply From: "Liam Colvin" <randomat_private>
    >All variations of wiretap restrictions. If you aren't part of the
    >conversation, and don't have the knowledge and consent of any and all
    >parties, then it's illegal. If you are recording your conversation with
    >someone else, then it's *generally* legal.
    In the US, if a "conversation" (voice/data/whatever) is recorded, AND
    the "conversation" crossed state lines, USC applies. If the "conversation" 
    was within the borders of the state, then state laws apply.
    Some states require all parties to be informed and give permission.
    Others only require one person to give permission.
    >Remote monitoring apps are only legal, and ethical for that matter, if the
    >party being monitored both knows and consents to the monitoring. That
    >functionality is incorporated into such products as SMS.
    See above answer
    >BO is by no means a *legitimate* tool for network administrators. It's a
    >hack. Pure and simple...
    BO can be used in a legal and ethical manner. See above answer.
    It does have the capability to be used in an illegal and unethical
    manner - as do ALL tools, hardware or software.
    More important, the crux here is whether it is designed to be primarily
    useful as a sureptitious device. I have testified in federal court
    about these matters. The courts are currently taking a dim view
    of anything that can be used surrepticiously. That means that ANY
    device (software or hardware) that can be _judged_  as "primarily useful
    for surrepticious monitoring" is illegal.
    Everyone should take a LONG look at ANY product they
    are using for remote monitoring.
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