Full Disclosure mailing list archives
Re: Congratulations Andrew
From: Nick FitzGerald <nick () virus-l demon co uk>
Date: Thu, 17 Jun 2010 13:04:00 +1200
bk to wilder_jeff Wilder:
By that same standard.. if you leave your house unlocked.... does that give someone the right to enter it? just my thoughtsSending from the right account this time... It wasn't an unlocked house. It was a table on the sidewalk with all the neighbors' Girlscout cookie order sheets on it. Someone just happened to pickup not only their order sheet, but everyone else's too.
That may be what _you_ see as a relevant analogy, but that's not how most legal systems will see it. To most legal systems it matters not that the folk ostensibly responsible for "protecting" the data effectively just laid it all out (more or less) in public view. The pertinent legal questions will likely revolve around whether the accessor could reasonably claim they did not know they were not authorized to access that data. And how will the courts assess whether the accessor was authorized to access that data? Simple -- they ask the "owner" of the data (AT&T) who will surely say "we did not authorize the defendant to access that data", and they will probably blandly add something like "and we took industry-standard measures to reasonably protect the data against unauthorized access". Whilst the latter is apparently rather easily debunked, doing so is pretty irrelevant to defending an unauthorized access" charge, as regardless of how easily (trivially in this case) the access was obtained, the issue is "was that access authorized". Many apparently stupid things have been built into our computer and technology laws. These often don't actually make much sense if you think the objective of such laws should be to encourage data guardians to do a better job of their charge, but mostly these laws have been made to make it relatively easy to obtain prosecutions.
Think you could get a theft prosecution for that?
And touche' to Valdis' response making fun of this part of your post too! Regards, Nick FitzGerald _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.grok.org.uk/full-disclosure-charter.html Hosted and sponsored by Secunia - http://secunia.com/
Current thread:
- Re: Congratulations Andrew, (continued)
- Re: Congratulations Andrew Nick FitzGerald (Jun 16)
- Re: Congratulations Andrew ghost (Jun 16)
- Re: Congratulations Andrew Nick FitzGerald (Jun 16)
- Re: Congratulations Andrew Byron Sonne (Jun 16)
- Re: Congratulations Andrew huj huj huj (Jun 17)
- Re: Congratulations Andrew Thor (Hammer of God) (Jun 16)
- Re: Congratulations Andrew gillis jones (Jun 16)
- Fwd: Congratulations Andrew n3ptun3 (Jun 16)
- Re: Congratulations Andrew bk (Jun 16)
- Re: Congratulations Andrew Valdis . Kletnieks (Jun 16)
- Re: Congratulations Andrew Nick FitzGerald (Jun 16)
- Re: Congratulations Andrew Brian Keefer (Jun 17)
- Re: Congratulations Andrew Valdis . Kletnieks (Jun 16)
- Re: Congratulations Andrew coderman (Jun 16)
- Re: Congratulations Andrew Valdis . Kletnieks (Jun 16)
- Re: Congratulations Andrew Christian Sciberras (Jun 16)
- Re: Congratulations Andrew Josh Wheeler (Jun 16)
- Re: Congratulations Andrew coderman (Jun 16)