You know, I wonder how that law applies to all those companies demanding employee/applicant Facebook passwords? Sharing your password and letting someone else access your account are both violations of Facebook’s terms of service, as is accessing someone else’s account.
That could be taken to mean that you are “exceeding authorized access” if you give them your password. And it’s pretty plain that they are both “intentionally access[ing] a computer without authorization” (Facebook’s server) and “thereby obtain[ing] information from [a] protected computer”.
Depending on if making it a condition of employment would be considered a tortious act, it might be a felony on the part of the employer. It would be a felony on the part of the applicant, since it would be committed for purposes of “private financial gain”.
April 12th, 2012 at 10:13 am
ONLY in the area covered by this Judge’s Ruling. Other Circuit Courts have Upheld the Law. I expect this to go to the Supreme Court.
April 12th, 2012 at 10:48 am
You know, I wonder how that law applies to all those companies demanding employee/applicant Facebook passwords? Sharing your password and letting someone else access your account are both violations of Facebook’s terms of service, as is accessing someone else’s account.
That could be taken to mean that you are “exceeding authorized access” if you give them your password. And it’s pretty plain that they are both “intentionally access[ing] a computer without authorization” (Facebook’s server) and “thereby obtain[ing] information from [a] protected computer”.
Depending on if making it a condition of employment would be considered a tortious act, it might be a felony on the part of the employer. It would be a felony on the part of the applicant, since it would be committed for purposes of “private financial gain”.
Interesting.
April 12th, 2012 at 6:50 pm
Fuck em. I’ll use computers any damned way I like. Come and get me.