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Federal Judge: Keystroke Logging Isn't Wiretapping
TospenJ writes "A federal judge in Los Angeles has dismissed wiretapping charges against a California man who used a hardware keystroke logger to spy on his employer, SecurityFocus is reporting. The court ruled that the device doesn't violate the federal Wiretap Act because it only intercepted signals off a keyboard cable, not an interstate network. The government is asking for reconsideration. Ironically, the judge relied in part on the Scarfo precedent, which allowed the FBI to use such a keylogger without a wiretap warrant."
Law inforcement did it and argued that it wasn't wiretapping. The judge agreed. Then a man did to his employer and suddenely law inforcement officials are saying the opposite.
He was indicted by a grand jury and prosecuters were touting it as the first federal prosecution of a keylogger.
Now do you understand why I said what I said? My comment had nothing to do with the judge and everything to do with the actions and reactions of the law enforcement officials.
That motion will be dropped quickly.
Asscroft and his buddies will be pushing to drop that.
If it isn't wiretapping, this makes yet another thing they can do with greater ease.
Yep, and that's the problem:
Case 1: FBI uses keylogger.
FBI: "It's not federal wiretap, because it intercepts between the keyboard and computer, not across state lines"
Case 2: Man uses keylogger.
FBI: "He violated federal wiretap laws! Arrest and convict him!"
Do we see the problem now?
In theory there is no difference between theory and practice.
In practice, however, there is.