Use a Honeypot, Go to Prison?

scubacuda writes "Using a honeypot to detect and surveil computer intruders might put you on the working end of federal wiretapping beef, or even get you sued by the next hacker that sticks his nose in the trap, according this (old) Security Focus article. Honeypots could be federal criminal law calls "interception of communications", a felony that carries up to five years in prison. Because the Federal Wiretap Act has civil provisions, as well as criminal, there's even a chance that a hacker could file a lawsuit against a honeypot operator that doesn't have their legal ducks in a row. "It would take chutzpah," said Richard Salgado, senior counsel for the Department of Justice's computer crime unit, "But there's a case where an accused kidnapper who was using a cloned cell phone sued for the interception of the cell phone conversations... And he won.""

Comments

Re:Prove it.

[Fishstick]

You might be thinking of this...

Second Story Burglar Sues Homeowner

Danbury, CT - An admitted second story burglar is suing a homeowner. Michael Malone attempted to enter a three-story residence by climbing a tree to gain admittance through an open third floor window. Unfortunately for Malone, the tree limb broke and the 275 pound burglar crashed to the ground. When the homeowner heard the commotion, he went outside to investigate. In the dark, he spied a figure moving toward the rear of his five acre lot and fired one round from a .22 caliber revolver. When the homeowner attempted to locate the intruder, Malone hid in the brush then collapsed from a bullet wound to his buttocks. Malone's lawsuit alleges that he almost bled to death due to the homeowner's negligence in not notifying the police in a timely manner. The homeowner did not notify the police until one hour after the attempted break-in. Two hours after the incident, the police found Malone in a pool of blood.

I thought I had seen a story more along the lines you suggest, but I think I'm remembering the scene from Liar Liar. I googled for a bit and didn't find any "real" stories (snopes didn't have anything either).

I did find this -- Check this out:

New Twists on Occupiers Liability

Can a Burglar Sue a Homeowner for Injuries Sustained During a Break-in?
Anyone who trespasses on land to commit a criminal act is deemed to have willingly accepted all risks of injury while on the land. For example, if a burglar slips and falls down a dimly lit staircase while breaking and entering into your home, there is no liability imposed on the homeowner.
Even a criminal trespasser, however, has some rights. A homeowner will be liable for creating "a danger with intent to do harm" or for acting "with reckless disregard for the safety" of a trespasser. If you have seen the movie "Home Alone" then I am sure that you can think of several examples which would fall into this category. A trip wire attached to the trigger of a shotgun clearly creates danger intended to harm the trespasser. In British Columbia, the Occupiers Liability Act tries to differentiate between accidental injuries to trespassers and deliberate attempts to cause harm or injury to trespassers. Generally speaking, there will be no liability for the accidental injury to a trespasser but there will be liability for the deliberately caused injury.

I think it's an urban legend. I don't think you can be sued unless you do something like set up a booby-trap or shoot him or something.