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Liar, Liar, and Pretexting
Mark Rasch, 2006-09-19

Mark Rasch details the legality of pretexting by putting it in context with how it used, comparing it with legal forms of lying, and by looking at previous court cases involving pretexting in the United States. Hewlett Packard's use of pretexting also brings up potential charges of criminal fraud, violations of consumer protection laws, issues of deception, and the use of spyware. Together these issues make for a very interesting legal situation at HP.

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Update 2006-09-20
Mark D. Rasch
Liar, Liar, and pretexting 2006-09-20
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Michael
Since I agree to some (most) of Marks points, I wouldn´t accept the argument in the Spyware section regarding that an IP address is not a business address. -> As IP-addresses are just a computerbased form of DNS-addresses, which are often clearly business addresses or even trademarks, this would imply that I can from now on use www.coc*cola.com or at least 216.64.210.31 as my private website. For sure, I won´t do that !
Good article, though, and I wonder when in the US real data privacy / protection laws as in Europe will show up. And, when the (top) management of businesses will adopt ethics (be it the mole, be it the ceo). Nice dreams...

Michael

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