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I don't think it's pedantic to say it's not "what a normal person on a jury would think to do with their browser". It is "what a person on a jury would think i
by Etherlord87 5y ago
I don't think it's pedantic to say it's not "what a normal person on a jury would think to do with their browser".
It is "what a person on a jury would think is legal to do with a browser".
Otherwise any niche activity would be de facto illegal.
- tptacek 5y agoNo, you're not following the argument. The elements of a 18 USC 1030 charge have to include unauthorized access along with an intent or knowledge that the access was unauthorized. Just doing something silly like changing the colors in your own browser, a niche activity, can't get you charged --- there's no colorable argument that your access was unauthorized. Looking at other peoples' credit card numbers is a much easier case to make, and then the question becomes "did this happen totally accidentally, could I myself as a juror have found myself in this situation?".
- Etherlord87 5y agoI almost completely agree with this comment so I won't nitpick, I just don't think the statement I commented on earlier was a fair simplification on what's the jury's job.