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Computers are special for some reason. I can't punch you in the face over the computer, but I can take a swing at you in front of my monitor even I don't know

Computers are special for some reason. I can't punch you in the face over the computer, but I can take a swing at you in front of my monitor even I don't know where you are afk. Is that alright under the law? That was rhetorical; of course it's alright. I'm doing it right now, for all you know. And yeah, it's not possible B&E until you('re caught) B&E. You might have to commit trespass to get that close, but that's a different law. The perversion is when you get charged with B&E for walking into a building open to the public just because security didn't stop you from going inside.

tptacek 10y ago
I'm not following. You can definitely be prosecuted for attempting to break and enter into a house. The distinction between doing that and entering a building open to the public is exactly the distinction the CFAA makes.
dpark 10y ago
> Computers are special for some reason. And what reason is that? > I can't punch you in the face over the computer, but I can take a swing at you in front of my monitor even I don't know where you are afk. Is that alright under the law? That's not taking a swing at me. That's you swinging wildly in the air in front of your monitor. Yes, that's legal, if pointless. > And yeah, it's not possible B&E until you('re caught) B&E. You might have to commit trespass to get that close, but that's a different law. As Thomas noted, attempted breaking and entering is a crime as well. > The perversion is when you get charged with B&E for walking into a building open to the public just because security didn't stop you from going inside. I'm not sure what you're trying to say here. Are you saying that unauthorized access is like breaking and entering? A better analog for the case here is trespass. You won't be guilty of breaking and entering if you enter a mall after being asked to stay out, but you will be guilty of trespass. No one is required to post guards to keep you out. Simply tell you is enough to legally obligate you to stay out.

tptacek 10y ago

I'm not following. You can definitely be prosecuted for attempting to break and enter into a house. The distinction between doing that and entering a building open to the public is exactly the distinction the CFAA makes.

dpark 10y ago

> Computers are special for some reason. And what reason is that? > I can't punch you in the face over the computer, but I can take a swing at you in front of my monitor even I don't know where you are afk. Is that alright under the law? That's not taking a swing at me. That's you swinging wildly in the air in front of your monitor. Yes, that's legal, if pointless. > And yeah, it's not possible B&E until you('re caught) B&E. You might have to commit trespass to get that close, but that's a different law. As Thomas noted, attempted breaking and entering is a crime as well. > The perversion is when you get charged with B&E for walking into a building open to the public just because security didn't stop you from going inside. I'm not sure what you're trying to say here. Are you saying that unauthorized access is like breaking and entering? A better analog for the case here is trespass. You won't be guilty of breaking and entering if you enter a mall after being asked to stay out, but you will be guilty of trespass. No one is required to post guards to keep you out. Simply tell you is enough to legally obligate you to stay out.