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Again, semantics, but I'd say it's more akin to a kid breaking into school, not the teacher's home. Or, more likely, the teacher's briefcase. Yes, using a com
by jackreichert 11y ago
Again, semantics, but I'd say it's more akin to a kid breaking into school, not the teacher's home.
Or, more likely, the teacher's briefcase.
Yes, using a computer feels a lot like going to an actual physical place. But we forget, it's a portable piece of property. It contains sensitive documents, but it's not breaking and entering.
- kazinator 11y agoIn this particular case, the password was widely known. The teacher must have known that it is known, yet didn't bother changing it, thereby tacitly authorizing those who know the password to use that computer. In effect, the computer was public to the same extent like school property, such as a blackboard. I'm sure the defense will wield some version of this argument. > but it's not breaking and entering Well, nobody said it is, including the prosecutors, who are charging the kid with some information-technology-specific crime (informally, "hacking"), and not "burglary".
- pyre 11y ago> but it's not breaking and entering It's called an analogy. "Breaking & Entering" is the first thing that comes to mind when thinking of a situation where the act of someone gaining access to something is itself a crime. In this case, the student is being charged with "hacking" which according to the Federal law is gaining "unauthorized access" to a computer system. What would be the crime committed in breaking into the teacher's briefcase? Theft during the duration of time that the student gain 'possession' of the briefcase to open it?