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Computer fraud laws used to prosecute leaking air crash footage to CNN

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Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#11

Post by hooskerdu »

jazzyjackson wrote: post #5
an_guy wrote: post #4

Earlier quoted context omitted.

A lot of views from general population rather than being buried. Are you suggesting such incidents should not be reported on or captured?

bro, no one is suggesting we should keep plane crashes secret, but yeah I do find it a little distasteful to turn on the TV and see the moment hundreds of people were killed.

Distasteful? I understand that sentiment for the family, but we should all be exposed to the horrors of these lapses. It’s exceedingly rare that you are ever subjected to the bodily carnage, and I’m reminded of when we ceased broadcasting footage of soldiers’ caskets coming home due to it dissuading popular opinion toward war.

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#12

Post by johnhess »

Aurornis wrote: post #9

Note that CNN isn’t in trouble for reporting this, the person who exfiltrated the footage is. Stealing security camera footage and giving (or possibly selling) it is a problem. This article tries to make a case that the law applied wasn’t correct on somewhat pedantic terms, but I don’t know enough about the law to know if they have a point or not. I do know, however, that if you take private data from your employer a…

"the law" is the fulcrum this turns on.

if you wrong your employer, for example by failing to do your job well, you are not a criminal to be prosecuted by the state. you may well deserve to lose that job though.

here, wronging your employer is considered a criminal act.

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#13

Post by zugi »

ocdtrekkie wrote: post #10

I'd say leaking an employer's internal data when not whistleblowing is definitely cause for termination, in the "no future employer should trust you" way, but yeah, calling this a CFAA case is a stretch.

Agreed, he could be fired and even sued by his former employer for damages.

But calling using your cell phone to video record a security monitor "computer fraud" and "trespass" is clearly ridiculous.

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#14

Post by tylerhou »

iowemoretohim wrote: post #7
an_guy wrote: post #4

Earlier quoted context omitted.

A lot of views from general population rather than being buried. Are you suggesting such incidents should not be reported on or captured?

The person got paid to grant exclusive rights to the videos to CNN, this wasn't just posting to social media to spread the word.

Source they got paid?

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#15

Post by kurikuri »

Aurornis wrote: post #9

Note that CNN isn’t in trouble for reporting this, the person who exfiltrated the footage is. Stealing security camera footage and giving (or possibly selling) it is a problem. This article tries to make a case that the law applied wasn’t correct on somewhat pedantic terms, but I don’t know enough about the law to know if they have a point or not. I do know, however, that if you take private data from your employer a…

> I do know, however, that if you take private data from your employer and leak it (or sell it) you’re not going to be on the right side of the law. I have a hard time buying this article’s point that it was just “violating company policy”

If I were to copy the files on my work device and distribute them, I would be in violation of NDAs which could be pursued as civil offenses. If I didn’t have those NDAs, my employer could try and pursue something in court, along with firing me, but it wouldn’t be a straightforward suit.

None of these are (or at least, should be) criminal situations.

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#16

Post by noitpmeder »

kurikuri wrote: post #15
Aurornis wrote: post #9

Note that CNN isn’t in trouble for reporting this, the person who exfiltrated the footage is. Stealing security camera footage and giving (or possibly selling) it is a problem. This article tries to make a case that the law applied wasn’t correct on somewhat pedantic terms, but I don’t know enough about the law to know if they have a point or not. I do know, however, that if you take private data from your employer a…

> I do know, however, that if you take private data from your employer and leak it (or sell it) you’re not going to be on the right side of the law. I have a hard time buying this article’s point that it was just “violating company policy” If I were to copy the files on my work device and distribute them, I would be in violation of NDAs which could be pursued as civil offenses. If I didn’t have those NDAs, my employe…

I mean in the first case you're literally stealing from your employer. If that doesn't make you a criminal for theft I don't know what does

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#17

Post by ajross »

iowemoretohim wrote: post #6
Validark wrote: post #2

[flagged]

Why is leaking the video the right thing? There were multiple videos of the incident including footage from a EarthCam live camera. And the NTSB released multiple videos as part of their investigation. The video wasn't leaked in order to stop a coverup.

Isn't that an even stronger argument that the leak shouldn't be criminal?

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#18

Post by ofjcihen »

kurikuri wrote: post #15
Aurornis wrote: post #9

Note that CNN isn’t in trouble for reporting this, the person who exfiltrated the footage is. Stealing security camera footage and giving (or possibly selling) it is a problem. This article tries to make a case that the law applied wasn’t correct on somewhat pedantic terms, but I don’t know enough about the law to know if they have a point or not. I do know, however, that if you take private data from your employer a…

> I do know, however, that if you take private data from your employer and leak it (or sell it) you’re not going to be on the right side of the law. I have a hard time buying this article’s point that it was just “violating company policy” If I were to copy the files on my work device and distribute them, I would be in violation of NDAs which could be pursued as civil offenses. If I didn’t have those NDAs, my employe…

As a DLP professional: please don’t tell people this. You can absolutely be arrested and prosecuted for this.

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#19

Post by JumpCrisscross »

johnhess wrote: post #12
Aurornis wrote: post #9

Note that CNN isn’t in trouble for reporting this, the person who exfiltrated the footage is. Stealing security camera footage and giving (or possibly selling) it is a problem. This article tries to make a case that the law applied wasn’t correct on somewhat pedantic terms, but I don’t know enough about the law to know if they have a point or not. I do know, however, that if you take private data from your employer a…

"the law" is the fulcrum this turns on. if you wrong your employer, for example by failing to do your job well, you are not a criminal to be prosecuted by the state. you may well deserve to lose that job though. here, wronging your employer is considered a criminal act.

> if you wrong your employer, for example by failing to do your job well, you are not a criminal to be prosecuted by the state

This is going out of one’s way to abuse the employer’s trust. Moreover, it’s stealing their stuff. If I take cash out of a till, my employer should have the option of pressing charges.

Where I agree with you is that this isn’t computer fraud and abuse. It’s closer to theft. The law used to prosecute should be more banal.

Re: Computer fraud laws used to prosecute leaking air crash footage to CNN

#20

Post by JumpCrisscross »

ajross wrote: post #17
iowemoretohim wrote: post #6

Earlier quoted context omitted.

Why is leaking the video the right thing? There were multiple videos of the incident including footage from a EarthCam live camera. And the NTSB released multiple videos as part of their investigation. The video wasn't leaked in order to stop a coverup.

Isn't that an even stronger argument that the leak shouldn't be criminal?

No, for the same that stealing an item isn’t okay because there is more in the back.
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