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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

#31

Earlier quoted context omitted.

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

You can infinitely "steal" digital data. That's where the analogy breaks down. Imaginary property is imaginary.

> Imaginary property is imaginary

Property, a social construct, is always imaginary. The ship on IP, from insider trading laws to copyright, has sailed. If the only argument against a potential crime is IP isn’t real, the person is probably wrong.

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

#32
post #27
post #21

Earlier quoted context omitted.

What's the charge for the arrest? I thought legally intellectual property wasn't "real property." If it actually was a trade secret, it might make more sense.

> I thought legally intellectual property wasn't "real property." if you break into your boss's house and copy his latest recordings (your boss is Stevie Wonder) you are not simply guilty of violating his copyrights. "computer fraud and abuse act", or who knows how many other laws, are focused on various aspects of "you know you are sneaking about", or even if you don't, tuff noogies.

Sure but the difference in value is also obvious. Stevie Wonder has a business interest in controlling the release of his music, as do other parties like a production company and a publisher. And an early release may do harm to the value of such a recording. But I don't expect most organizations that put up security cameras have a business interest in monetizing the footage.

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

#33
post #21

Earlier quoted context omitted.

What's the charge for the arrest? I thought legally intellectual property wasn't "real property." If it actually was a trade secret, it might make more sense.

Depending on jurisdiction it might be theft, could be something more recently ratified that’s basically made for exactly this purpose. Could also just be a plain old federal CFAA related charge since those are pretty “malleable”. Again, take these laws seriously and don’t do this.

Interesting. Do you have an example of where copying data like this (something with almost no commercial value, but done without authorization, whose harm is basically the disclosure of the facts of the camera's location/positioning) was charged as theft? Because it seems like in a legal sense, copying isn't theft, but the consequences of the copy becoming generally available (say a commercial interest in the data, in the Stevie Wonder example from the sibling thread) may make the damage of the copy and subsequent release obvious. I'm also curious what has recently been enacted to cover this scenario if you have a ready example?

I believe you and heed your warning. I think it's good to understand these things too though.

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

#34

Earlier quoted context omitted.

"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 pr…

It is in no way close to theft because theft involves depriving the victim of some good or asset.

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

#35

Earlier quoted context omitted.

You can infinitely "steal" digital data. That's where the analogy breaks down. Imaginary property is imaginary.

> Imaginary property is imaginary Property, a social construct, is always imaginary. The ship on IP, from insider trading laws to copyright, has sailed. If the only argument against a potential crime is IP isn’t real, the person is probably wrong.

This is all very well but exactly what type of IP is CCTV footage? It's not copyrighted. It's not patented. It's not trademarked. ...trade secret?

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

#37

Earlier quoted context omitted.

You can infinitely "steal" digital data. That's where the analogy breaks down. Imaginary property is imaginary.

> Imaginary property is imaginary Property, a social construct, is always imaginary. The ship on IP, from insider trading laws to copyright, has sailed. If the only argument against a potential crime is IP isn’t real, the person is probably wrong.

Stealing physical property deprives its original owner of it. The same can't be said of IP.

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

#38
post #22

Earlier quoted context omitted.

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

But the footage isn't "real property" as I understand it. The only thing the theft does is deprive the company from the opportunity to sell the footage themselves, and it's not exactly like selling security camera footage is the business model of many/any(?) company. If the harm is that the company couldn't sell the footage itself, the remedy should be giving the company the money from the sale.

It’s a common misconception that “property” relates to physical objects (chattel) or land (real property). But that’s an incorrect and limited understanding. More generally, it’s about the right to control something and exclude others from using it.

Copyright, for example, is what’s known as “intellectual property.” Its rights protect intangible things, namely, artistic expressions.

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

#39

Earlier quoted context omitted.

> 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 pr…

It is in no way close to theft because theft involves depriving the victim of some good or asset.

Does it? There are loads of types of theft that don't remove the good or asset from the owner:

Identity theft, IP theft, theft of private digital assets (e.g. photos, writings, music)

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

#40
Has anyone involved been within 10 feet of a computer in the last 15 years?

The CFAA applies!

It’s like postal or wire fraud. You’re going to do it somehow in just about any possible crime. They’ll get you.

It wasn’t/shouldn’t have been a crime? They’ll get you anyway, if they want.

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