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In general in order to break the law you must have a warrant. For example, a cop entering private property without a warrant or probable cause is nothing more
by downandout 12y ago
In general in order to break the law you must have a warrant. For example, a cop entering private property without a warrant or probable cause is nothing more than a trespasser. These agents likely violated the CFAA by doing what they did. Because they didn't have a warrant, IMO it probably constitutes an illegal search, but the courts may well have a very different opinion. Regardless of which side loses this argument, this will likely find its way to the appellate courts and possibly the Supreme court, as it seems to be an unanswered question of great importance.
- ohashi 12y agoBut if it's a server not in the US? Does it get the same legal protections?
- maxerickson 12y agoFrom the CFAA: (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States. I'm not sure what "lawfully authorized" means there, but my current belief is that one form of it is permission from the Attorney General.
- billyhoffman 12y ago+1. I wasn't aware this clause existed in the CFAA.
- downandout 12y agoBut I wonder if computer hacking (which this likely would fall under) can be "lawfully authorized" outside the confines of a search warrant. The Attorney General could order the FBI to break into the computers of a hedge fund suspected of insider trading, but that clearly wouldn't be lawful unless authorized via search warrant. This is very similar.
- maxerickson 12y agoWell, I don't think they broke into the computer. But I guess my point was more that the CFAA doesn't have any answers, you have to figure out the scope of the authority possessed by the Department of Justice.
- grrowl 12y agoIf they're simply tweaking the request vars to access unauthorised information, how does this compare with Aaron Swartz's crime?