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[ NNSquad ] Legality of inspecting network traffic


This is the latest in a discussion thread on the topic of inspecting
network traffic, initially relating to researchers who reportedly
examined details of traffic passing through their Tor node,
apparently without a great deal of legal advice in advance.

--Lauren--
NNSquad Moderator

------- Forwarded Message

From: David Farber <dave@farber.net>
To: "ip" <ip@v2.listbox.com>
Date: Thu, 24 Jul 2008 17:48:07 -0700
Subject: [IP] what are the legal risks for work monitoring network


________________________________________
From: Joseph Lorenzo Hall [joehall@gmail.com]
Sent: Thursday, July 24, 2008 7:00 PM
To: David Farber
Cc: Matthew Tarpy
Subject: Re: [IP] what are the legal risks for work monitoring network

On Thu, Jul 24, 2008 at 2:44 PM, David Farber <dave@farber.net> wrote:
>
> ________________________________________
> From: Matthew Tarpy [tarpy@tarpify.com]
> Sent: Thursday, July 24, 2008 4:59 PM
> To: David Farber
> Subject: RE: [IP] Researchers could face legal risks for work monitoring Tor network
>
> Hi Dave--
>
> I have a question for the folks on the list, regarding network traffic transiting a network.
>
> The legal liability the researchers face, as I understand it is that they set up Tor nodes, and then peeked into the packets that transited their network via the nodes. Given the discussion around this and DPI, could someone provide a primer or a pointer to a primer as to what is considered legal and illegal for network operators to do for traffic that transits their network?


Great question!  My colleague Aaron Burstein here at the Samuelson
Law, Technology and Public Policy Clinic published a paper on legal
issues with network research:

http://www.icir.org/vern/cs294-28/papers/burstein_legal_leet.pdf

Here are the slides and notes from the talk:

http://www.icir.org/vern/cs294-28.Spr08/scribe/CybersecurityLaw-20080414.pdf
http://www.icir.org/vern/cs294-28/scribe/Legal.pdf

Like usability and security (to name two) it's best to get good input
on these issues during the research design stage of an experiment or
development process.  best, Joe

- - --
Joseph Lorenzo Hall
UC Berkeley School of Information
http://josephhall.org/



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