10756RE: [infoguys-list] An Interesting Article.....
- Mar 1, 2007As 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
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
Much more redacted for this email..
815.03 Definitions.--As used in this chapter, unless the context clearly
(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
(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
(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
(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
(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
=welcome/&Location=app&Tab=info_center&Submenu=4> Statement . C
Tom Eskridge, Chief Operations Officer
High Tech Crime Institute
28100 US Hwy 19 N, suite 204
Clearwater Florida 33761
From: email@example.com [mailto:firstname.lastname@example.org]
On Behalf Of Bob Hrodey
Sent: Thursday, March 01, 2007 5:37 PM
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 itpies.
> 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
>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.
Hrodey & Associates Established 1977
Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
e-mail: inquiry@hrodey. <mailto:inquiry%40hrodey.com> com or rth@...
Illinois License 115-000783 Wisconsin 8045-063
[Non-text portions of this message have been removed]
- << Previous post in topic Next post in topic >>