Monday, December 11, 2006

Use of pretexting to access phone records now indisputably illegal

There was very little doubt that pretexting was illegal before the bill passed but the doubt was sufficiently great for people to think it worth a try.

The bill pre-empts state laws which may be tougher. I am not sure whether or not this is a good thing. In general it is not a good idea to have different laws governing communication policy in different parts of the country. On the other hand the emergence of privacy law in the US has tended to start with the states.

The lesson for perpetrators should be that if you build a business based on a ridiculous interpretation of a law that is completely contrary to the original intention you should not expect to stay in business very long. But I doubt that is the lesson they will draw.

No comments: