Ethical Question

[houseisland]

A business client has asked me to do some work on a computer in his home. He wants a modem installed together with software that turns the PC into a silent telephone tap -- incoming and outgoing conversations recorded to the hard drive, phone numbers and call display info logged.

I am somewhat dubious about this job, but I don't want to lose the work at his business office. He has a wife and kids. He claims that the phone line in his home office is separate from the rest of the house and that tap is for business purposes. However, one look at the demarcation block shows that there is only a single line into the house.

My gut feeling is that I should walk from this job whatever the consequences.

Advice?

[Outcoded]

His phoneline, he can do what he likes with it. Just advise him of any legal implications, and you're coverred.

[NooNoo]

What is the law on silent recording of conversations? If you will be breaking the law to install this stuff... I would walk away. If you want to keep your business contract, I would install the modem, then hand him a paper on the legality of what he proposes.

[Gabriel]

According to Law (Israeli law),
Listening/recording a phone line is Legit - as long as ine of the parties know about it.

This is not an Ethical question, IMHO you should consult a lawyer - or make the guy sign a weaver.

Good Luck,
Gabriel

[Wayward Clam]

I think the waiver is a good idea, I also think walking away might be a good one too.

The mischievous part of me would install a trojan and download everything that is recorded...

NOT CONDONING THAT!!!

[geoscomp]

Don't know the law in Canada (got enough problems trying to keep up with it in the US),,but my understanding from a few highly publicized similar cases here is..even if you don't know how the person is going to use it, you may be liable for criminal penalties if he uses it illegally, and even if he doesn't you may open yourself up to civil lawsuits..the criminal penalty would be under conspiracy to commit. Good luck with this one. P.S. I've learned to trust my gut instincts in cases like this.

[MacGyver]

Definitely walk away. It's not worth risking your career over.

[Archer]

If a case comes to court and you are implicated in an "illegal wiretap",as our cousins call them,you could be procecuted with a minimum charge of aiding and abbeting and dependent on local laws the supply of eqipment to commit a crime.
How much is he paying you.............?

You would be better off pointing him to the nearest online "spyware" shop and leave it to himself to decide.

[clauded]

tell him about the legal problems it could give you and tell him how to fix it up himself if he still wants it;
clauded

[Damned Angel]

by all means install the modem for him, but let him handle the software himself.

[baldridge]

Here is my two bits coming from a legal background. I do not think you would be liable for any mis-conduct no more than radio shack would be for selling the devices that hook up to the telephone to record conversations, or no more than the person who sales a rifle to a customer who then uses it to kill someone. Now if you know about his intentions to commit an illegal act, then you could be held liable. If you are really loosing sleep overthis one I would get him to sign a waiver that you are providing your services with the understaning that he will not use it in any manner which is illegal. Then keep the original signed document somewhere safe, that way you are covered. I really do not think you actually need to do that, and it may piss the guy off to even suggest it, but if you are want to be sure that you are "safe" then that would be my suggestion.

[Orangeman]

This guy sounds like a slime-bag. You've already caught him in one lie. How many more might you catch him in? What if anything DOES happen. Can you count on him to relieve you of any responsibility?

Taping telephone conversations is illegal in the US and has been for over 40 years. I don't know about Canada, but in the US you a doctrine called an 'expectation of privacy.'

This is not so much for the person in the guy's house, but for the person on the other end who is unaware that he is being tapped. This is the reason you need a court order to tap a phone in the US.

As I said I don't know what the law is in Canada. I would ask a lawyer about that. Perhaps your company has legal counsel?

Actually the best thing to do would be to ASK YOUR BOSS. That way you're covered either way.

(Unless you ARE the boss, in which case you might be in deep-doo-doo if anything happens)

Good Luck,
Orangeman

[houseisland]

Quite apart from any legal issues, I would feel like a sleaze doing it. Add the weight of the potential legal issues to the pressure from my conscience and I am increasingly motivated not to walk but to run from this one.

The office job is not my day gig so .....

Thanks.

[Orangeman]

Good Choice!!!!

[Ya_know]

Originally posted by baldridge
Here is my two bits coming from a legal background. I do not think you would be liable for any mis-conduct no more than radio shack would be for selling the devices that hook up to the telephone to record conversations, or no more than the person who sales a rifle to a customer who then uses it to kill someone. Now if you know about his intentions to commit an illegal act, then you could be held liable. If you are really loosing sleep overthis one I would get him to sign a waiver that you are providing your services with the understaning that he will not use it in any manner which is illegal. Then keep the original signed document somewhere safe, that way you are covered. I really do not think you actually need to do that, and it may piss the guy off to even suggest it, but if you are want to be sure that you are "safe" then that would be my suggestion.

Agreed. (I_know, houseisland decided not to do it, I just want my chance here as well). Providing that you were never informed of the illegal use of the wiretapping, and would be willing to testify to that fact, you would not be liable. A waiver would be a proper business tactic, and should it piss off your customer, ask him to find someone else to install the system.

Phone conversation recording goes on all of the time in a place of business. Because the client stated that you would be installing this on a business phone, you could always use this in your defense as well:
Workplace Privacy

Be sure that you read everything. I only skimmed the article. There may be some fine print that I missed, or more updated legislations...