Maybe – It sort of depends on the type of honeypot, who owns it, The Judge, The Jury, and The Lawyers and who tells the truth and who believes in the truth or lies. In the case of a kiddie porn trial, legality plays a minor role as emotions rule the day.
So let’s take a look at clearly illegal activity. I click on a link to a “free pzzle Inlay Game” and am automatically redirected to a pornsite which may contain kiddie porn which they probably stole from the National Archive of Kiddie Porn. They then offer a security program which will remove the 600 porn pictures on the machine. If you are part of the 86% who occasionally visit porn of any kind, there will be other pictures on your machine and no one will believe you. If you pay the extortion you lose, if you don’t you lose. Clearly you are a victim of fraud and extortion and you have no way to prove it or any place to turn for help. It’s not a honeypot, it’s illegal and no one cares.
The classic honeypot is a marvelous piece of work and very legal. The portal seemed to be Americanthumbs.com which as I said before barely had any really nasty pictures. Some were young and all of them had rating and age data associated with them. Now you never had to click a link and even though 60 images were loaded onto your machine, you simply did not have to play the game. You could have clicked on the older full figured woman and left.
However, if you stayed, and clicked on the young but fully clothed schoolgirls, they were probably starting to mine your information and create a file on you. Probably each time you returned or went to a sister site the pictures got a little worse. Corinnas.com and Sugarthumbs.com were also part of the game as were other sites from the UCJ Traffic Trading game. Just by staying with the UCJ family of porn sites you could develop a hell of a collection of kiddie porn from the National Archie of Hashed Kiddie Porn Pictures which would be remarkably easy for a Data Miner to find and associate it with a list of all the sites visited on your machine.
So what happens now???
They have full knowledge of your machine and they have to wait for you to do something clearly wrong, like distribute (email a file) or publish on your own site or to self incriminate in some way but what if you do nothing????
Well now it gets a little greyish and very messy and here’s where the stinkpots comes in.
When you go to a site like young-models.org, you don’t get many elegant chances to self incriminate youself. It just keeps loading you up with nastier and nastier porn and you get hundreds of images per session and then they shut you down with a Trojan which seals your machine. You don get a chance to click a link as the spawned pages keep coming with more and more images and the only way to stop it is to pull the plug.
You have entered the wrong neighborhood so a law enforcement officer damages your machine so you self incriminate at a repair shop so they catch you. This sounds like just a little more than entrapment it sounds a whole like aiding and abetting in the process and speeding it along. I mean if Jack Kavorikean was guilty of accelerating the death of people that were dying, these cops are accelerating the apparent moral decline of a person with bad taste.
I can’t even believe that in the day and age of the Patriot Act that this process is truly legal which is why at trial the Federal Agents deny knowing about the use of honeypots even though it’s common knowledge to the rest of the world. .