Re: Using Ethereal
From: Walter Roberson (roberson_at_ibd.nrc-cnrc.gc.ca)
Date: 08/27/04
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Date: 26 Aug 2004 23:54:16 GMT
In article <Xns9551C042DA502jasonRlarue@216.77.188.18>,
Jason LaRue <aqdqmqiqnq@inqteluser.coqm> wrote:
:As far as I know, using ethereal on your own computer
:monitoring only your own traffic is perfectly legal.
:However, if you start using it for monitoring of others
:(again, I'm not a lawyer, but I'm thinking stuff
:like other people's email, etc.), that would probably
:be at least coming close to 'bad'.
As always, legality depends upon the jurisdiction and the
circumstances.
In some jurisdictions, monitoring the network traffic of others without
their knowledge and consent, is considered equivilent to wiretapping, even
if one owns the computer/network equipment.
In some jurisdictions, only one party of the "conversation" has to
give consent -- but it's still wiretapping if the system owner
monitors the traffic between two users without the consent of at
least one of them.
In some jurisdictions, the fact that you own the computer involved
would make the traffic recording legal in all circumstances, even
if the users had not given permission.
In some jurisidictions, system owners cannot monitor traffic between
users without their consent except for such monitoring as is necessary
to assure the correct operation and efficiency of the systems involved,
and the content of anything seen must not be revealed to anyone
[even if it involved illegal activity.] Other places, incidental
monitoring only but if illegal activity is seen it must be reported.
The most frequently asked contexts for this question are perhaps:
A) can employers monitor employee usage of company equipment?
B) can computer owners monitor the activities of others (e.g.,
spouses, visitors) known to be using the computer?
C) can parents monitor their children's internet usage? If the child
bought the computer and is paying for the internet connection?
D) can hidden monitoring be installed to catch people (spouses,
friends, strangers breaking in) who are covertly using the computer?
The answers to all of these depend greatly upon jurisdiction.
(C) is a particularily difficult one under law.
*Generally speaking*, in Canada or the USA, monitoring the usage of
others without their permission is at least a civil rights violation
(which can lead to a civil lawsuit with large monetary damages)
and can be a crime (i.e., criminal record, possible jail time,
possible large fine.) Monitoring your spouse is is more on the
"crime" side; monitoring your employee is more on the "civil rights"
side. But US case law is fairly divided about monitoring of
employees; the legal situation is relatively clearer in Canada.
-- Live it up, rip it up, why so lazy? Give it out, dish it out, let's go crazy, yeah! -- Supertramp (The USENET Song)
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