home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky comp.org.eff.talk:8295 alt.comp.acad-freedom.talk:3850 comp.security.misc:2435 alt.privacy:2838 alt.society.civil-liberty:7251
- Path: sparky!uunet!think.com!barmar
- From: barmar@think.com (Barry Margolin)
- Newsgroups: comp.org.eff.talk,alt.comp.acad-freedom.talk,comp.security.misc,alt.privacy,alt.society.civil-liberty
- Subject: Re: Boycotting CERT because of the keystroke monitoring advisory?
- Date: 5 Jan 1993 03:49:47 GMT
- Organization: Thinking Machines Corporation, Cambridge MA, USA
- Lines: 41
- Distribution: inet
- Message-ID: <1ib0grINNhq3@early-bird.think.com>
- References: <1993Jan4.212439.4278@nntp.hut.fi>
- NNTP-Posting-Host: gandalf.think.com
-
- In article <1993Jan4.212439.4278@nntp.hut.fi> jkp@cs.HUT.FI (Jyrki Kuoppala) writes:
- >For privately owned commercial and hobby sites property rights do
- >apply, and whether the property rights override privacy rights depends
- >is mostly a matter of opinion.
-
- We passed the CERT advisory on to our company lawyer. His opinion is that
- the warning notice is unnecessary. The warning is based on wiretapping
- statutes, which do not require a warning if the recording is being
- performed by one of the parties to the conversation. He believes that when
- someone connects to one of our computers, our company is one of the
- parties, and therefore the company may record the conversation.
-
- > For work-related calls I think
- >it's negotiatable, also at certain environments monitoring all calls
- >might be defensible (places with highly confidential information).
-
- Also where phone conversations are used to perform financial transactions
- (e.g. mail order houses, brokerage firms). Without the phone, the
- transaction would have involved paper and signatures, which can be saved
- for verification purposes. When the phone is used to conduct such
- business, recordings are often necessary to prove later on that a
- transaction took place.
-
- > But what CERT is doing is
- >recommending unilateral announcement of "all users may be monitored
- >all the time", with no negotation and no negotiated policy of
- >watching/monitring only on "probable cause".
-
- My interpretation was that CERT was recommending that *if* you have a
- policy where you might monitor input, that you should put this warning in a
- login banner. They were not advising for or against the monitoring policy
- itself, nor specifying a particular justification for monitoring any given
- conversation. They were simply acknowledging that such monitoring takes
- place, and advising how to reduce legal liability in such cases.
-
- Is that really so bad?
- --
- Barry Margolin
- System Manager, Thinking Machines Corp.
-
- barmar@think.com {uunet,harvard}!think!barmar
-