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No, it doesn't work like that. Leaving your door unlocked doesn't mean your home is suddenly open to the public who can wander in. Leaving your computer witho

No, it doesn't work like that. Leaving your door unlocked doesn't mean your home is suddenly open to the public who can wander in. Leaving your computer without a password doesn't mean it's legal for someone to hack into it and use it for what they will. It also doesn't mean if you forget to password protect your FTP server that anyone and everyone are free to use it as they will. There is a reasonable expectation of privacy in these cases. The actual severity might be different depending on the circumstances, but it's still fairly obvious if what you are doing is wrong or not. Obviously, their are grey areas. Does a husband have the right to access his wife's voice mail? What about her computer? What if they share a computer or accounts? A good example I've always heard concerns banking on public computers. If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to then transfer money to their account and keep it? No hacking was involved. No security was breached.

khafra 15y ago
> If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to then transfer money to their account and keep it? No hacking was involved. No security was breached. That's not hacking, but it is theft. How about this: If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to glance at the screen, see your account balances, and log you out?
- tptacek 15y ago
  It depends. If it can be established that you accessed someone else's bank balance purposefully or knowingly, understanding it was meant to be private, you can be on the hook for a crime. A classic nerd mistake here is to look only at the computer-related act in isolation; a real prosecution looks at the totality of circumstances. What did you do with the information? What prompted you to access it?
  - shasta 15y ago
    I think it's a stretch to call reading something "access". If someone leaves their private banking documents face up on a table, I'd expect it to be legal to read them.
    - tptacek 15y ago
      Sure. Like I said: what did you do with the data? What prompted you to access it in the first place?
- jasonlotito 15y ago
  Please read my comment in the context of the thread. You've agreed with me: It's a crime. The parent post was suggesting this: > If there is NO security, then it could be argued that it was intended to be public. You then go on to this: > If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to glance at the screen, see your account balances, and log you out? You really think things are black and white. Trying to tidy things up into a neat little package. No, the intent, or motive of the person is to close the sessions. However, if I'd closed the browser window and left, and someone came and opened and then browsed the bank's site, and then made note of some information, and use it in some manner (perhaps, a PI or something), this is more likely criminal in nature. You cannot simply say: "This is bad" and "This is good." However, it's absurd to think that just because someone forgets to secure something that it's free for public consumption. There is a reasonable expectation of privacy in certain cases. Just because it's easily accessible doesn't mean you have free reign to do what you will with whatever it is.

khafra 15y ago

> If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to then transfer money to their account and keep it? No hacking was involved. No security was breached. That's not hacking, but it is theft. How about this: If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to glance at the screen, see your account balances, and log you out?

tptacek 15y ago
It depends. If it can be established that you accessed someone else's bank balance purposefully or knowingly, understanding it was meant to be private, you can be on the hook for a crime. A classic nerd mistake here is to look only at the computer-related act in isolation; a real prosecution looks at the totality of circumstances. What did you do with the information? What prompted you to access it?
- shasta 15y ago
  I think it's a stretch to call reading something "access". If someone leaves their private banking documents face up on a table, I'd expect it to be legal to read them.
  - tptacek 15y ago
    Sure. Like I said: what did you do with the data? What prompted you to access it in the first place?
jasonlotito 15y ago
Please read my comment in the context of the thread. You've agreed with me: It's a crime. The parent post was suggesting this: > If there is NO security, then it could be argued that it was intended to be public. You then go on to this: > If you accessed your bank account on a public computer, and then left without logging out, would it be okay for someone to glance at the screen, see your account balances, and log you out? You really think things are black and white. Trying to tidy things up into a neat little package. No, the intent, or motive of the person is to close the sessions. However, if I'd closed the browser window and left, and someone came and opened and then browsed the bank's site, and then made note of some information, and use it in some manner (perhaps, a PI or something), this is more likely criminal in nature. You cannot simply say: "This is bad" and "This is good." However, it's absurd to think that just because someone forgets to secure something that it's free for public consumption. There is a reasonable expectation of privacy in certain cases. Just because it's easily accessible doesn't mean you have free reign to do what you will with whatever it is.