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But if the page was fraud to begin with? Can you be done for fraud for editing an already fraudulent page?
by dalore 9y ago
But if the page was fraud to begin with? Can you be done for fraud for editing an already fraudulent page?
- sp332 9y agoYes. Anyway the first fraud was against other Facebook users, while the new fraud is against Facebook.
- Bartweiss 9y agoYes. The CFAA is terrifyingly broad, and this isn't even a tenuous application of it. Accessing and using someone else's account without their knowledge or permission is a clear violation regardless of who they are or what you do. Posting "I forgot to log out!" on someone else's account is probably a criminal offense. Posting a picture injurious to their career and reputation clearly violates multiple sections of the CFAA. Prosecutorial discretion is the only thing rescuing this situation; literally any internet operation on an account that isn't yours is arguably a criminal violation.
- dalore 9y agoThat's for access, but the question was is it fraud? If someone gave me access then I'm allowed but am I committing fraud?
- jpatokal 9y agoBut the edits are not libelous: he's a convicted criminal and even the mugshot is (presumably) and actual one. I'm not sure a judge would grant a lot in damages for injury to his career as a con man...
- Bartweiss 9y agoLibelous doesn't matter; the CFAA only cares if you accessed a protected computer and obtained information or caused damage. And getting the password from the account owner may not matter either since the protected machine belongs to Facebook - Facebook v. Power Ventures held that user account access isn't enough. I agree that a suit or damages would be unlikely, but that's only at the discretion of judges; the basic CFAA violation here is unambiguous.