4 ms·
Can any attorneys out there explain how altering computing devices to redirect and intercept email is not a criminal act when done without the knowledge or cons
by sugarmountain 14y ago
Can any attorneys out there explain how altering computing devices to redirect and intercept email is not a criminal act when done without the knowledge or consent of the owner?
If any of us pulled the same stunt, even if authorized to access the system for other reasons, would we not be subject to prosecution? Hopefully, the same will happen to FB.
In addition to the Federal communications and cybercrime statutes, there is California Penal Code 502:
(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.
...
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.
...
etc.
It remains to be seen if there is a prosecutor with the backbone to go after this.
- fl3tch 14y agoWell, "Knowingly accesses and without permission... uses any data" would make the accessing and transmission of contacts (a la Path and many other apps) illegal. Except there's probably a clause somewhere that you agreed to without reading which lets them do that, and the same may be true here.
- sugarmountain 14y agoWhile it's probably true that the EULA permits FB to read the contact list, and update it in expected ways, there are many points covered in those statutes: interception and destruction of data, making the system unavailable for its intended use, etc. Can anyone find language permitting FB to destructively alter the contents in profoundly unusual ways so that email is redirected to FB servers for interception and delivery as FB deems appropriate? I'd really like to see an informed legal opinion on the possible criminality of their actions.
- machrider 14y agoNot sure about criminal charges, but at the very least, it seems like a negligent act resulting in real damages to many people. I don't think a class-action lawsuit is out of the question.
- yaix 14y agoDon't know in the US, but in Germany it is a criminal act afaik (ianal). Looking forward to the EU investigation into this. Maybe Facebook soon joins Microsoft in having to pay a billion euro fine?
- jrockway 14y agoFacebook and Microsoft don't pay fines. Facebook's and Microsoft's shareholders pay the fines.