Security Incidents: Re: Cracked; rootkit - entrapment question?

[cdp () PEAKPEAK COM (Chuck Phillips)]

1Lt Rob Lee writes:
> 1.  Consensual Monitor:  This is a monitor that is limited to only being
> able to monitor on ports that are bannered.  If your SUBJECT has not seen a
> banner you cannot monitor from that port or IP.  You can only monitor on
> ports that do have banners for ANY IP incoming into that machine.  You can
> only monitor the SUBJECTs IP on ANY port ONLY if you can show that the
> SUBJECT has seen the banner at least once.
For stuff like telnet, FTP and even SMTP, "appropriate use" banners are
just good practice for any machine, even on a internal protected network.
However, there are other protocols with no provisions for banners, e.g.,
NFS.  What can be done for these services?

ALSO, if a script kiddie uses, of all things, a *script* and never sees the
banner, would this make monitoring illegal?

ALSO, if you're a privately hired security professional (as opposed to a
criminal law enforcement professional), does this restriction still apply?

        Chuck