Pretexting - Why isn't it against the law?

[GoPodular.com]

With all the limelight HP is getting over this, and the congressional inquiry that just happened, why isn't this just made illegal?  I guess I always thought it was...

Is there a "legitimate" use of pretending to be someone else to obtain their information?  Or is the information obtained in some kind of grey area between "public info" and "personal info"?

[ChadTower]

If it were illegal all of those internet pedophile stings would be illegal.

[shmokes]

There's not much grey area.  Cops do it all the time and they've been given a nearly blank check from the Rehnquist court R.I.P. over the last 30 years or so.  Even cases where cops have gone into prisons, posing as an inmate, and coaxed confessions from people in casual conversation have been upheld (complaint was that a person in a cell is detained, since walking away from the officer is not an option if you're in a cell, but the person wasn't read his rights before being interrogated).

The only thing a person can't do is entrap you.  Basically they can't encourage you to break the law and then arrest you when you do.  So an undercover cop acting as a prostitute can sand on the road and wait to be propositioned, but she can't come up to your car and say, "Hey baby, you want to take a ride for $50?" and then arrest you when you say okay.

[GoPodular.com]

But both of those examples are criminal prosecution by "authorities".  I see the need for undercover work by the police and such, but how does that translate to me pretending to be you?  The police can tap my neighbors phone, but can I?  Isn't there a provision in this stuff that you need to be in law enforcement?

[shmokes]

  The police can tap my neighbors phone, but can I? 

I suppose if you can get a warrant 


Seriously I don't really know.  I also don't know the extent to which HP went.  On their own networks, etc., they can tap whatever they want because they own the equipment.  But I heard they tried to install spying software on the computer of a journalist.  I'd guess that would be illegal, but I don't really know.

[GoPodular.com]

Verizon sues data brokers linked to HP

From that link:
Verizon said it had spent more than $100,000 to investigate the fraud. It said it was unable to identify the defendants by name, calling them Jane and John Does I to XX.

The lawsuit asked the court to immediately stop the data brokers from pretexting and to pay unspecified damages to Verizon.

Congress is trying to pass legislation that would make it illegal to impersonate a person to get or sell telephone records, but it has been stalled in the House of Representatives and Senate.

There's info coming out about what all HP did:
Bugged email.
Dumpster diving (peoples homes).
Tailing reporters, directors and their relatives.
Pretexting.

[fredster]

What laws are there to protect email?  Email is owned by the company or the owner of the computer correct? Email isn't like snail mail.

It's as protected and as private as a CB radio signal.

This is why I hate XP. Sneaky software. Notice the government dropped the charges on Microsoft? They won and then they didn't do anything.  Next we have a service pack come out.  Freaking computer never shuts off and is always wanting to talk to somebody.

There's more than this being tracked.

Wait a minute, two men in black suits are at my door.... BRB....

[johnm160]

  The police can tap my neighbors phone, but can I? 

 But I heard they tried to install spying software on the computer of a journalist.  I'd guess that would be illegal, but I don't really know.

Everyday we surf the net we get spyware on our computers......I agree that it should be illegal but it does not seem to be.

[danny_galaga]

What laws are there to protect email?  Email is owned by the company or the owner of the computer correct? Email isn't like snail mail.

It's as protected and as private as a CB radio signal.

This is why I hate XP. Sneaky software. Notice the government dropped the charges on Microsoft? They won and then they didn't do anything.  Next we have a service pack come out.  Freaking computer never shuts off and is always wanting to talk to somebody.

There's more than this being tracked.

Wait a minute, two men in black suits are at my door.... BRB....

when they dump you somewhere and you manage to hobble back home (provided they dropped you in the right state) let us know if the telephone book trick really doesnt leave bruising (",)

oh, and i have never been able to update my computer properly, so i havent bothered since the last reformat. down side is that i cant use microsofts anti spyware...