Researchers have recently developed a tool that imitates a 14-year-old on the Internet.
The authors developed a “Chatter Bot” that mimics conversation and treats the dissemination of personal
information as the goal to determine if the other participant in the conversation is a pedophile. The tool engages
people in conversation and uses artificial intelligence to check for inappropriate questions by the unsuspecting
human. If the human types too many suggestive responses to the “artificial” 14-year-old, the tool then notifies
the police. From a legal perspective, what is the greatest legal challenge to the use of this tool?
A.
Violation of Privacy
B.
Enticement
C.
Entrapment
D.
Freedom of Speech
Explanation:
Entrapment occurs when a law enforcement agent or someone acting as an “agent” of law enforcement
induces a person to commit a crime not contemplated by the person. A person who makes a knowingly false
representation designed to induce the belief that the conduct is not prohibited, or employs methods of
persuasion or inducement which create a substantial risk that such an offense will be committed by persons
other than those who are ready to commit it. Basically, the Chatter Bot could possibly induce a person to
engage in conduct that the person would not otherwise have engaged in if the chatterbot did not “feed” the
information to the person. Entrapment does not prove that a person intended to commit a crime. It only proves
that a person was successfully tricked into committing a crime.
Incorrect Answers:
A, D: Violation of Privacy and Freedom of Speech do not apply in the commission of the crime.
B: Enticement is very easily confused with entrapment.
Enticement is the act of coaxing or luring someone do something (but not necessarily a criminal act).
Enticement is legal and ethical. A good example of Enticement would be the use of a HoneyPot. If a person is
lured into a honey pot because there are open ports that may be probed, that is enticement. The person who
proceeds by poking into those open ports is enticed and proceeds to commit a crime based on their own
actions.
However, if a person is lured with a false promise of an illegal bounty that awaits them if they follow a link to a
honeypot, (for example, a link that promises free movie downloads), that is entrapment because the lure may
be so overwhelming that even an innocent person may be tempted to proceed in the commission of the illegal
act.References: Black’s Law Dictionary
and Shon Harris – All-In-One CISSP Exam Guide – Sixth Edition – page 1057