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U.S. Court Finds Use of Keystroke Logger does not Violate Wiretap Act
On October 8, 2004, District Judge Gary Fess dismissed a federal wiretapping indictment against Larry Lee Ropp for using a device known as a keystroke logger to spy on his former employer. This device is attached to a computer keyboard cable to record all keys pressed on the keyboard.
Mr. Ropp was indicted by a federal grand jury on March 23 for installing a keystroke logger allegedly in violation of the federal wiretap statute (18 U.S.C. § 2510 et seq.), which prohibits the covert interception of electronic communications over a system affecting interstate or foreign commerce. The defendant admitted installing the keystroke logger on the personal computer of the secretary of the vice-president of Bristol West Insurance Group.
The indictment was dismissed on a technicality. While noting that Mr. Ropp had "engaged in a gross violation of privacy", Judge Fess held that the Wiretap Act had not been violated. 18 U.S.C. § 2510(12) defines an "electronic communication" as data of any nature transmitted in whole or in part by a system that affects interstate or foreign commerce. It was held that the "system" affected by the keystroke logger was solely the secretary's PC, and that such system did not affect interstate commerce. "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" wrote Judge Fess.
The indictment had been trumpeted by the U.S. Attorney as the first case in which a defendant had been charged with illegally using a keystroke logger.
For more information, visit:
http://hermes.circ.gwu.edu/cgi-bin/wa?A2=ind0411&L=cybercrime&F=&S=&P=73