Covert monitoring of a computer system with written consent from owner.

[cybersec]

I'm a cyberwarfare operations expert with quite a few years of experience under the employment of the government as a researcher and analyst. I'm only familiar with the federal laws as they apply to my job. I work with government networks the majority of the time so I have free reign to do what I need to within boundaries.

Here is my question. An acquaintance has asked me if I could monitor her son's computer for a period with monetary compensation. He's sixteen and she's afraid at what he's getting into on the internet as he's been saying things that are not typical for him. I know legally that I can monitor any piece of equipment that I own. I don't know if I'm going to do it yet but I see it as a grey area. If I do I'm going to require written consent from her stating that she releases me from any liability and that she fully understands that I'm required by law to report any illegal activity monitored to law enforcement.

I'm aware that electronic monitoring (bugs, etc) falls under private investigator laws and licensing requirements. Though while the owner of such computer/network equipment can monitor it's use can they give written consent to a third party with monetary compensation without that individual requiring a state or federal license?

 

[Michael Wechsler]

I don't know more so take this for what it's worth, just off the cuff impressions.

1) The boy is a minor. If the equipment is hers, there is less of a problem since she consents to the monitoring of her own property. Make sure this is the case first.

2) You can get a release and waiver from her. That will indemnify you (I doubt the minor will sue you) although it doesn't make you immune from prosecution, should there be an issue (and which I doubt will ever come to light, but I understand the fear when this concerns what you do for a living.) My thought is that you can handle this much more easily by installing consumer software that will log the computer's activity. You can have her buy the software and simply help with the installation. I'm guessing that this might not be a loss of a major consulting fee and perhaps this solves your problem?

 

[cybersec]

The issue with commercial software is that the boy is very knowledgeable and security conscious. He's using encryption and locks down his computer fairly well though he does let mom check her email from time to time. I know what software he's using so I have to write a customized monitoring implant that it won't pick up.

I told her that he's likely just keeping her from seeing his porn collection (as is the usual case with teens using encryption) but she's set her mind on worse things.

I'm considering starting a business around providing such services though getting licensed as a private investigator for that type of work as well.

 

[Michael Wechsler]

The issue with commercial software is that the boy is very knowledgeable and security conscious. He's using encryption and locks down his computer fairly well though he does let mom check her email from time to time. I know what software he's using so I have to write a customized monitoring implant that it won't pick up.

I told her that he's likely just keeping her from seeing his porn collection (as is the usual case with teens using encryption) but she's set her mind on worse things.

I'm considering starting a business around providing such services though getting licensed as a private investigator for that type of work as well.

Interesting - so he's extremely paranoid about his data. First question, find out who owns the computer. I haven't dealt with an issue like this in Texas so I can't say for sure whether there might be any privacy laws that might cover this matter. I'll have to do a little research. I can say that I never had a problem dealing with monitoring employees in the workplace, in which there the employee does not own the equipment and there shouldn't be any expectation of privacy or an expectation that would prohibit the kind of conduct we are talking about by law.

The times we have had some issues dealt with divorce cases but, again, the entire matter revolved around ownership of the equipment. IMHO, that would be central to the matter here. I'll see what I can find but I'd first want the knowledge and assurances that the mother purchased the computer. If the boy did, then it becomes more complicated.

 

[CdwJava]

If it were MY minor child and he went through such efforts to prevent me from seeing what he was up to, the computer would be gone.

I have to wonder why is mom even allowing this to be an issue?

 

[cybersec]

The computer was purchased by the parents. I have a background in behavioral psychology so I can look at systems and generally tell a lot about the user. He's very intelligent and is might be that he's just a computer security enthusiast. I plan on having a talk with him one day and seeing if I can read any uneasiness on him when ask him if there is a reason he encrypts everything. That'll tell me is he's just doing it as a security practice or if he's really hiding something. He's using PGP and Truecrypt so even if they took the computer from him there is little that can be done to examine the drives unless he coughs up the passphrases and keys.

Well the details are not that important, but the applicable laws are. I have access to a lawyer but I don't want to request his services unless I have to otherwise it'll cost more for me to get the legal view than she's going to pay me.

I do greatly appreciate the help you're giving.

 

[army judge]

Professor, the minor can't sue even if he wanted to do so. Minors have no standing, as they are legal incompetents. Thus, they possess no standing with which to bring a lawsuit.

On the other hand, the boy's mother could sue. However, she's going to permit the monitoring. Therefore, her permission indemnifies the OP.

I suspect the OP'S employer could have something to say about OP'S "off duty" arrangement. In fact, I suspect OP is barred by the terms of his employment from engaging in these types of activities (especially for profit)!


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[Michael Wechsler]

Professor, the minor can't sue even if he wanted to do so. Minors have no standing, as they are legal incompetents. Thus, they possess no standing with which to bring a lawsuit.

Excellent point. I was thinking that it is possible that the boy's rights could be asserted by a father... divorced... perhaps estranged from his ex-wife.

On the other hand, the boy's mother could sue. However, she's going to permit the monitoring. Therefore, her permission indemnifies the OP.

I suspect the OP'S employer could have something to say about OP'S "off duty" arrangement. In fact, I suspect OP is barred by the terms of his employment from engaging in these types of activities (especially for profit)!

I agree about the indemnities but I don't know about criminal law. I know that California has privacy laws that protect the Hollywood crowd that are different than the rest of the country. I don't know whether that applies to child stars, e.g. the Jonas Brothers, Miley Cyrus, etc. and the legislation's desire to appease Hollywood. These protections may be limited to civil law, not criminal.

Great point about the employer's sentiments. In fact, look what happen to Ben Roethlisberger's "off duty cop bodyguard" who was terminated shortly after it was discovered what he was doing moonlighting...

 

[cybersec]

It's not an issue with my employer. The majority of the team has their own little side projects and no one cares unless it affects our work or violates the law. In fact I asked the same question to the CEO earlier who said he didn't know but if it turned out that I could he wants me to setup something to keep an eye on his teenage daughter and son.

 

[CdwJava]

He's using PGP and Truecrypt so even if they took the computer from him there is little that can be done to examine the drives unless he coughs up the passphrases and keys.

But, if they take it from him, he will not have access to it. And if he doesn't cough up the keys, he can be grounded or suffer whatever other penalty or loss of privileges the parents choose. If the parents want to put up with what might be disobedience, well, good luck to them all for the future