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10756RE: [infoguys-list] An Interesting Article.....

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  • Thomas Eskridge
    Mar 1, 2007
    • 0 Attachment
      As to florida and I know there is virtually identical in California.the
      reasonably question is of course, when I auto store a pw, does that imply
      that i give the world permission to access the program?...i would think
      not..





      The 2006 Florida Statutes


      815.06 Offenses against computer users.--

      (1) Whoever willfully, knowingly, and without authorization:

      (a) Accesses or causes to be accessed any computer, computer system, or
      computer network;

      Much more redacted for this email..

      815.03 Definitions.--As used in this chapter, unless the context clearly
      indicates otherwise:

      (1) "Access" means to approach, instruct, communicate with, store data in,
      retrieve data from, or otherwise make use of any resources of a computer,
      computer system, or computer network.

      (2) "Computer" means an internally programmed, automatic device that
      performs data processing.

      (3) "Computer contaminant" means any set of computer instructions designed
      to modify, damage, destroy, record, or transmit information within a
      computer, computer system, or computer network without the intent or
      permission of the owner of the information. The term includes, but is not
      limited to, a group of computer instructions commonly called viruses or
      worms which are self-replicating or self-propagating and which are designed
      to contaminate other computer programs or computer data; consume computer
      resources; modify, destroy, record, or transmit data; or in some other
      fashion usurp the normal operation of the computer, computer system, or
      computer network.

      (4) "Computer network" means any system that provides communications
      between one or more computer systems and its input or output devices,
      including, but not limited to, display terminals and printers that are
      connected by telecommunication facilities.

      (5) "Computer program or computer software" means a set of instructions or
      statements and related data which, when executed in actual or modified form,
      cause a computer, computer system, or computer network to perform specified
      functions.

      (6) "Computer services" include, but are not limited to, computer time;
      data processing or storage functions; or other uses of a computer, computer
      system, or computer network.

      (7) "Computer system" means a device or collection of devices, including
      support devices, one or more of which contain computer programs, electronic
      instructions, or input data and output data, and which perform functions,
      including, but not limited to, logic, arithmetic, data storage, retrieval,
      communication, or control. The term does not include calculators that are
      not programmable and that are not capable of being used in conjunction with
      external files.

      (8) "Data" means a representation of information, knowledge, facts,
      concepts, computer software, computer programs, or instructions. Data may be
      in any form, in storage media or stored in the memory of the computer, or in
      transit or presented on a display device.

      (9) "Financial instrument" means any check, draft, money order, certificate
      of deposit, letter of credit, bill of exchange, credit card, or marketable
      security.

      (10) "Intellectual property" means data, including programs.

      (11) "Property" means anything of value as defined in 1s. 812.011 and
      includes, but is not limited to, financial instruments, information,
      including electronically produced data and computer software and programs in
      either machine-readable or human-readable form, and any other tangible or
      intangible item of value.

      History.--s. 1, ch. 78-92; s. 9, ch. 2001-54.













      Copyright C 1995-2006 The Florida Legislature . Privacy
      <http://www.leg.state.fl.us/cgi-bin/View_Page.pl?File=privacy.html&Directory
      =welcome/&Location=app&Tab=info_center&Submenu=4> Statement . C
      <http://www.leg.state.fl.us/cgi-bin/View_Page.pl?File=contact.html&Directory
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      Tom Eskridge, Chief Operations Officer

      High Tech Crime Institute

      28100 US Hwy 19 N, suite 204

      Clearwater Florida 33761

      727-499-7215

      888-300-9789

      www.gohtci.com



      _____

      From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
      On Behalf Of Bob Hrodey
      Sent: Thursday, March 01, 2007 5:37 PM
      To: infoguys-list@yahoogroups.com
      Subject: Re: [infoguys-list] An Interesting Article.....



      Jim Parker, wrote the following at or about 3/1/2007 4:06 PM:
      > <<<< The webmail account is more troubling than the computer, at least it
      > is in my mind. The computer with shared usage, lack of password, etc. is
      > fair game. >>>>
      >
      > Just because something takes place in cyberspace doesn't make it "fair
      > game". There is no special privilege accorded to legally protected
      > communications solely on the basis of where the communication took place,
      > except of course conversations that are directed at the public. The
      > communications between Amy and Christina were clearly intended to be
      > private, otherwise, Amy wouldn't be suing now.
      >
      >
      > <<< You help yourself to the mail, read my bank statements, etc. What law
      > have you broken? >>>
      >
      > Probably none, but there's a big difference between something that is in
      > plain sight and something that you have to 'break in' to steal. If a baker
      > drops the key to his bakery on the way to his car, that doesn't imply
      > authority for you to use the key to enter the premises and eat all his
      pies.
      >
      This analogy is flawed by the fact that Jeffrey & Amy both had access to
      the computer. He didn't break in to access it, he had every right
      (unless you can show me to the contrary in the article) to access it. I
      don't know where this webmail account was situated but I'm looking at
      this - probably more generously than I should but to play the devil's
      advocate... - as a situation where Jeffrey goes into the computer, looks
      at the web history and sees www.womeninsensibleshoes.com. He clicks
      that link and goes to the site. Lo and behold there's a link there for
      "Sexymail" He clicks on that and since Amy is too lazy to enter her
      user ID and password each time, he clicks on it. Wowsa! The list of
      emails and subject content is right before his eyes. That's why I liken
      this to scanning the mail sitting unprotected on my table by a person
      who has every right to be where he/she is.

      I contend that there is absolutely no question, under the facts outlined
      above, that Jeffrey has done nothing wrong up to that point. It only
      starts to get runny when he clicks on that email to read it and whether
      or not it rises to the level of a crime under these particular
      circumstance is questionable, that's all that I'm saying.

      There is no break-in as you refer to with the bakery or unlocked car
      since both parties have lawful access and use of the computer. If she
      had not used "remember me" we would not be having this discussion. But
      she did and so we will and, likely, just have to agree to disagree.

      Wanna take this private before we get assaulted by the gruesome twosome?

      >
      > <<< I'm not going to argue the moral issue with you. We both consider it
      > wrong but... illegal? >>>>
      >
      > Oh, but moral principals apply to the law too.

      Agreed

      --
      Enjoy,

      Bob
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