p2pnet - rss feed: Key Logger case dismissed
p2pnet.net News:- The controversial Brad Councilman case has echoed back to another equally controversial case involving a man who used a $70 commercial key logger to trap data from a PC.
Bookseller Bradford Councilman’s email software secretly copy customers’ incoming email from a competitor to his personal account, meaning he saw their emails before they did. But First Circuit judges decided this didn’t violate federal wiretap law.
Their ruling is under appeal.
Larry Ropp admitted using the Key Katcher surveillance device, but said he was working for the California Department of Insurance, a claim denied by the department.
District court judge Gary Feess disagreed dismissed the indictment, ruling the interception of keystrokes between the keyboard and the computer’s CPU didn’t meet the ‘interstate or foreign commerce’ clause in the federal Wiretap Act, even if some of those keystrokes were banging out e-mail, says SecurityFocus.
"The network connection is irrelevant to the transmissions, which could have been made on a stand-alone computer that had no link at all to the internet or any other external network," Feess wrote, says the story.
"Thus, although defendant engaged in a gross invasion of privacy … his conduct did not violate the Wiretap Act. While this may be unfortunate, only Congress can cover bases untouched."
Prosecutors want the court to reconsider the Ropp ruling, adds SecurityFocus.
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See:-
Brad Councilman - ‘Councilman’ email privacy case, p2pnet, November 14, 2004
trap data - Keyword logger, logged, p2pnet, March 26, 2004
banging out e-mail - Judge dismisses keylogger case, SecurityFocus, November 19, 2004
November 25th, 2004 at 1:41 am
People need to realize that email is simply not private communication. Unless encrypted, it can be read at any point along it’s journey through the internet. Even when stored in a mail server, it can easily be read by the administrator runnning any of various mail server softwares.
Gossamer Mail is server software used by many independent mail services, and it allows the admin to not only browse through mail, but also to view passwords. (no sniffer needed)
People need to start thinking of email as akin to sending a postcard.
November 27th, 2005 at 12:34 am
Key Logger - would be whistleblower - reported missing on November 24, 2005
August 23rd, 2006 at 1:37 pm
Whistle Blower Screwed by Press and Company
Comment instructions normally state “please keep the topic of messages relevant to the subject of the article”, therefore, note your article’s first sentence: “It looks like Larry Ropp really was trying to put an end to a very noxious, illegal practice on the part of his employer, an auto insurance company”, and sincerely believe that the true subject/story has been overlooked!
Privacy is not a Constitutional right and under California Insurance Regulations, all companies licensed by the Department agreed that the company’s books and all communications would be available for inspection. Furthermore, collecting such information as directed by the Department of Insurance as stated in their letter to me, one could reasonably presume that they would be protected under the “color of law” theory. Especially considering that Bristol West was convicted of gross insurance regulations violations, although never sentenced. Additionally, the Feds do not have jurisdiction over insurance as they leave it up to the individual States and my unsuccessful persecution was financed by the insurance company as retaliation for whistle blowing as well as to take the focus off their illegal activities, which dated back to 1996! Where is the follow-up story on my innocence and the real story of why the Department of Insurance denied meeting with me and my attorneys and/or why no investigation into Bristol’s illegal activities as well as the 3 other companies or why not a single dollar in fines has been collected or even accessed? It’s a $5,000 penalty per each non-compliant letter and the court ordered Bristol to send about 1.3 MILLION “correction notices” to inform and basically replace all of the illegal/non-compliant cancellation notices previously sent! You do the math and then factor in the fact that the fine increases to $10,000 per non-compliant notice if deemed to be a business practice and since Bristol was found to be guilty back to 1996 regarding their customers paying premiums monthly, but not to their customers paying the annual premium in full, I believe that qualifies as a business practice, don’t you?
Millions of dollars that should have been collected in fines for illegal wrongdoing, which could have helped the State’s budget problems, but instead went into the pockets of politicians or at least into their campaign fund to run for Lieutenant Governor. Smells much like the Northridge Earthquake scandal with Quackenbush, but I presume good investigative reporting is not in style?
Because of Bristol’s illegal cancellation, the company also illegally denied about Fifteen Thousand Claims and then continued to avoid paying theses claims after the higher court’s ruling with more illegal claims handling, unethical legal tactics against their own policyholders, and in defiance of the judges’ ruling.
One policyholder screwed over by Coast National/Bristol West Insurance was in the military serving in the Gulf. He returned home only to find that his car was involved in an accident while he was serving his country, Bristol illegally denied the claim presented under his policy because of their illegal cancellation practices; not giving the mandated grace period, whereby the other party involved in the accident went to small claims court and received a judgment against this soldier while he was serving in the Gulf War, having his wages garnished, and his driver’s license suspended because on the day of this accident, he was uninsured, even though he was not driving the car at the time! When he resubmitted his claim, Bristol West illegally denied paying the claim a third time! The second denial or avoidance to pay the claim being after the appellate court’s decision and the State Supreme Court upholding the decision, the Insurance Regulations dictate that knowing claims had been denied in error, Bristol West had a duty to provide coverage as per the policy and accept and settle those claims. Not doing so and then management instructing claim representatives to violate these laws and their oath was unethical and an Unfair Claims Business Practice as per 790.03! And all of this illegal posturing during a time Bristol West was making a public offering to sell stock, therein, possibly management’s motivation to avoid paying old, but legitimate claims, which probably misrepresented the company’s financial status and outstanding liabilities within their SEC document filings? Sounds like Enron?
Not just an allegation as Bristol West is the convicted criminal here, not me! Regarding duty, what about the duty of other law enforcement officials to report other crimes uncovered in their investigation when outside that officials jurisdiction or how about the use of potential deadly force, breaking down my door with a team of 8 to 10 officers when the FBI knew I was represented by an attorney and spoke to both myself and my attorney months before the costly and dangerous storm trooper tactics, or the fact that the warrant was not signed, or the fact that the FBI took two affidavits from the fraud investigators with the Department of Insurance whom my attorneys and I met with regarding Bristol West, wherein we had to show ID just to get into the building for our meeting with the Dept. of Ins., thereafter said meeting, the Fraud Investigators from the Dept of Ins sent two follow-up letters requesting I gather more information/document regarding Bristol West’s violations, yet the Department of Insurance’s spokesperson deliberately had a press meeting stating that they never met with me?
The real tragedy is all the insureds whom had their lives screwed over and still have not been made whole along with the total failure of the concepts of Duty, Honor, Truth, and Innocent Until Proven Guilty were shamelessly missing within the Justice System and the Press! So much for doing the right thing and/or whistle blower law protection and again the reasonable assumption of working under the “color of law” regarding intent and your required warrant theory. Not to mention, that under the Insurance Code the Insurance Commissioner and/or his designated representative has the right to review and or remove any documents from a California licensed insurance company without the need of a warrant, court order, litigation, or warning. In fact per the code, if the Insurance Commissioner believes a company is in violation of the law, he has the authority to actually replace the management within that company and again without the need of a warrant or suit! Look it up. However, all of my comments and facts have thus far, been ignored! KKK investment Group (Bristol’s owner) must pay very well!
November 18th, 2008 at 2:56 am
is using keylogger legal or not?