The CERT Coordination Center has received information from the United States Department of Justice, General Litigation and Legal Advice Section, Criminal Division, regarding keystroke monitoring by computer systems administrators, as a method of protecting computer systems from unauthorized access. The information that follows is based on the Justice Department's advice to all federal agencies.
CERT strongly suggests adding a notice banner such as the one included below to all systems.
Sites not covered by U.S. law should consult their legal counsel. The legality of such monitoring is governed by 18 U.S.C. section 2510 et seq. Therefore, not surprisingly, the statute does not directly address the propriety of keystroke monitoring by system administrators. Attorneys for the Department have engaged in a review of the statute and its legislative history. We believe that such keystroke monitoring of intruders may be defensible under the statute.