funsec mailing list archives
Re: Man facing charges for checking wife’s e-mail
From: Nick FitzGerald <nick () virus-l demon co uk>
Date: Fri, 31 Dec 2010 08:56:44 +1300
Jeff Kell to Juha-Matti Laurio:
"Leon Walker, 33, is being charged under a state statute that prohibits unlawful access to a computer system, program or network.Hmm... does that actually cover cloud-based services? The "system/program/network" provision is more about hacking into a corporate network or individual computer, as opposed to something up in the cloud for anyone (MSN / Hotmail / Live / GMail / etc).
Got a reference to the actual statute? Whether it applies to "cloud-based services" or not will depend on the wording of the statute, any previous decisions that hinged on the meaning of the terms in the statute, and how the judge ultimately weighs those things up. In many jurisdictions it is already well- established that a "computer system" that only provides the service it is intended to (loosely, "allows access") through the accessor supplying suitable login credentials is "protected" and that simply being able to supply suitable credentials to get access is insufficient to meet the "authorized access" requirement of the relevant law (you also have to be the person who was issued those credentials or have a strong claim to be acting as an authorized agent for that person, etc, etc).
From what little I've read of this case, it seems he knew he was doing
something wrong and he deliberately chose to access other than his own Email via a shared home computer. If he'd walked up to the computer after she left for work and the relevant Email message had been left displayed on-screen, it may well be a non-issue as it seems unlikely any jurisdiction would have an assumption of privacy for openly displayed material in a shared family home. But that's clearly not what happened, so it will be interesting to see where this goes... Regards, Nick FitzGerald _______________________________________________ Fun and Misc security discussion for OT posts. https://linuxbox.org/cgi-bin/mailman/listinfo/funsec Note: funsec is a public and open mailing list.
Current thread:
- Man facing charges for checking wifes e-mail Juha-Matti Laurio (Dec 30)
- Re: Man facing charges for checking wife’s e-mail Jeff Kell (Dec 30)
- Re: [funsec] Man facing charges for checking wife’s e-mail Valdis . Kletnieks (Dec 30)
- Re: [funsec] Man facing charges for checking wife’s e-mail Gary Buhrmaster (Dec 30)
- Re: Man facing charges for checking wife’s e-mail Nick FitzGerald (Dec 30)
- Re: [funsec] Man facing charges for checking wife’s e-mail Valdis . Kletnieks (Dec 30)
- Re: Man facing charges for checking wife’s e-mail Jeff Kell (Dec 30)