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It doesn't matter what the terms say. The charges would be the result of a violation of Title 18 Code 1030 - it's the digital equivalent of someone stealing you

by devmor 4y ago

It doesn't matter what the terms say. The charges would be the result of a violation of Title 18 Code 1030 - it's the digital equivalent of someone stealing your car and writing the title over to someone else. You're entitled to keep your car (or your money spent on AWS) regardless of the receiving party's expectation of claim to it, even if they incurred loss in the process. Now, Amazon would be entirely within their rights to cancel your account and refuse to do business with you after this, but they would not have the right to collect that money from you, or to keep that money had it already been charged to you.

bmcahren 4y ago
Title 18 Code 1030 says it is illegal to commit computer fraud but it is not a responsibility of your service provider to eat/pay for fraud committed against you. Your only legal recourse under Title 18 Code 1030 is against the "violator". Amazon did not violate your computer systems and commit these offenses. > Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. On that basis, your contract stipulates who is responsible for fees associated with use of your AWS key by "any other third party". > You are responsible for all applicable fees associated with use of the Services in connection with IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and we have no liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the creation, distribution, and security (including enabling of access) of all User Credentials created under your AWS account, including credentials that you have used IAM to create or disclose to other parties.
- devmor 4y ago
  You have a fundamental misunderstanding of the positions of the parties in this scenario. The computer fraud in this case was not committed against you. It was committed against Amazon. Amazon grants you access to their services, the account does not belong to you. The damages here are not made against you, they are made against Amazon. Just like in my example, the violator committed fraud against the "buyer" of the car. Neither Amazon or the "buyer" have recourse against you for the supposed owed property/bill, they have to extract damages from the violator. You are not responsible. On your second point, I will repeat myself: it doesn't matter what the terms or contract say. Such agreements commonly hold terms that are in direct opposition to US law and have no legal basis. Their entire purpose is to dissuade you from pursuing your legal rights at a cost to the company.

by devmor 4y ago

bmcahren 4y ago

Title 18 Code 1030 says it is illegal to commit computer fraud but it is not a responsibility of your service provider to eat/pay for fraud committed against you. Your only legal recourse under Title 18 Code 1030 is against the "violator". Amazon did not violate your computer systems and commit these offenses. > Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. On that basis, your contract stipulates who is responsible for fees associated with use of your AWS key by "any other third party". > You are responsible for all applicable fees associated with use of the Services in connection with IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and we have no liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the creation, distribution, and security (including enabling of access) of all User Credentials created under your AWS account, including credentials that you have used IAM to create or disclose to other parties.

devmor 4y ago
You have a fundamental misunderstanding of the positions of the parties in this scenario. The computer fraud in this case was not committed against you. It was committed against Amazon. Amazon grants you access to their services, the account does not belong to you. The damages here are not made against you, they are made against Amazon. Just like in my example, the violator committed fraud against the "buyer" of the car. Neither Amazon or the "buyer" have recourse against you for the supposed owed property/bill, they have to extract damages from the violator. You are not responsible. On your second point, I will repeat myself: it doesn't matter what the terms or contract say. Such agreements commonly hold terms that are in direct opposition to US law and have no legal basis. Their entire purpose is to dissuade you from pursuing your legal rights at a cost to the company.