November 23, 2004

If It’s Good For The Goose…. [7:44 am]

Judge dismisses keylogger case [via Slashdot]

A federal judge in Los Angeles has dismissed charges against a California man who used a keystroke logger to spy on his employer, ruling that use of such a device does not violate federal wiretap law.

[...] The court based its decision in part on a controversial ruling by the First Circuit Court of Appeals earlier this year that threw out wiretapping charges against Branford Councilman, a former vice president of an online bookseller who provided customers with free e-mail accounts, then set up a system that made covert copies of some messages for his later perusal. Feess found that here, as in the Councilman case, the e-mail was not intercepted as it traveled over the network.

[...] The court also cited a 2001 case in which a federal judge in Newark, New Jersey ruled that the FBI did not violate the Wiretap Act when it installed a covert keylogger on the computer of organized crime suspect Nicodemo Scarfo. In that case the FBI assured the court that that its keylogger had been configured to stop recording keystrokes when Scarfo connected to the Internet.

See also Judge dismisses keylogger case

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