Re: Man facing charges for checking wife’s e-mail

[Nick FitzGerald <nick () virus-l demon co uk>]

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


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