Forgive Me My Trespasses

Forgive Me My Trespasses
Mark Rasch, 2003-09-08

How a recent federal appeals court decision makes virtually everyone a computer criminal.

Hrm - but wouldn't this be called "social engineering"? 2003-09-08
Penguinisto (1 replies)

I agree that criminal prosecution was way out of line (they do have a ton of other options in the legal system for disciplining lawyers, yes? For example, the appeals court could've fined the lawyers a ton of cash or something without necessarily making it an actual crime.)

OTOH, if one wanted to...

[ more ] [ reply ]

Hrm - but wouldn't this be called "social engineering"? 2003-09-09
m.wood

i would have to agree that the request is "social engerneering".
the case should be treated as such as if the requesting supena was for "files" of memos contained in a file cabinet of all traffic from all customers. Much like the Western Union of the early west. this case has nothing to do with co...

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-08
jcj.2.jjames@spamgourmet.com

this will need to be proven in court FIRST, and until it is, its nothing to worry about....

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-08
Paul Lawrence (3 replies)

Of course, I'm not a lawyer...

This decision does not seem to me to be about access to email and such, but about UNAUTHORIZED access. Subpoenas don't cover access to places or information that don't pertain to the suit, therefore trying to get at non-pertinent information via subpoena is not auth...

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-09
Anonymous (1 replies)

I wondered that, too. I assume Mark is trying to make a "slippery slope" argument.
...

[ more ] [ reply ]

The Slope DOES Slip 2003-09-09
Mark Rasch (1 replies)

Yes.. this is somewhat of a slippery slope argument -- however, none of the cases mentioned in the article as "theoretical" are actually theoretical. Spammers have been successfully prosecuted as "trespassers," linking without permission has been held to be a trespass as has viewing both public web...

[ more ] [ reply ]

The Slope DOES Slip? So who's greasing it? 2003-09-10
Penguinisto

"linking without permission has been held to be a trespass as has viewing both public webpages (in violation of a terms of use) and private webpages (with a user provided userid and password.)"

Err, wasn't that hot-linking or deep-linking (the practice of putting up links that drill down past the...

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-09
Mark Rasch (1 replies)

A "trespass" is, by definition, an unauthorized "access." The federal statute and caselaw define "access" as "to use the recources of" a computer or network. It is not the ACCESS to the information without authorization that triggers the computer crime statute -- it is the access to the computer t...

[ more ] [ reply ]

There's your problem, and the fix. 2003-09-12
Anonymous

Mark wrote:
> The federal statute and caselaw define "access" as "to use the recources of" a computer or network

Therein lies the problem, and perhaps the fix. Obviously, that isn't what access actually means either in common English nor in the relevant technical jargon. Under this definition, i...

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-10
Anonymous

You are right on. This article fails to connect the dots. It amounts to A implies B, B implies C, therefore (unrelated) X, Y, and Z.

The appeals court ruled properly in this case regarding the improper subpoena, which was the principal issue they were asked to decide.

The author's argument r...

[ more ] [ reply ]

Unfounded Fears 2003-09-10
Anonymous

When you don't see the different shades on the grass, everything is a slippery slope from the top of the hill,

As much as I hate spam, and would like to take the computer away from those that answer to spam, there is no judicial law in the physical world stopping people from sending slow mail to...

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-11
koolradkev

SecurityFocus columnist Mark D. Rasch, J.D., is a
crazier than all. He should be exposing the alien
coverup conspiracy going on @symantec!

ARNIE F0R PRESIDENT!!...

[ more ] [ reply ]

This sounds great to me 2003-09-11
Anonymous

I have no problem with this (except that other (proabley higher) courts have said some of these the things mentioned were OK). It would seem to give privacy the high level of regard it deserves....

[ more ] [ reply ]

Forgive Me My Trespasses 2003-09-11
Jay Johnson

I think it is incumbent upon those who author such works to exercise care in their word selection and tone. I agree with some of Rasch's points; however, I fear that he allowed his zeal for the subject matter to morph him into a modern Chicken Little.

If the sky is really falling, Mark, please d...

[ more ] [ reply ]

Unfounded Fears? Physical Mailbox? 2003-09-11
David

Well Anonymous...you said "There is no such a thing as trespassing your physical mail box". Uh....yes there is. It's a federal crime. Are you the one stealing my handicap sticker or my food stamps?

...

[ more ] [ reply ]