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FBI raids dental software researcher who discovered patient data on FTP server

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Re: FBI raids dental software researcher who discovered patient data on FTP server

#4

The FBI is going to have a hell of a time arguing that accessing a public FTP server with no password protection is a crime.

The outcome of a trial is secondary. Have you ever been sued by the government? How much money, time, effort and nerves do you think you will lose, no matter the outcome? The act of being sued is plenty of punishment. If they really want to destroy you they can keep going through the courts even after losing - they could not care less if they win or lose.

Re: FBI raids dental software researcher who discovered patient data on FTP server

#5

The FBI is going to have a hell of a time arguing that accessing a public FTP server with no password protection is a crime.

I believe that it is still considered unauthorized access even if they don't have a password set up. I think it goes back to law that existed before computers where if you entered someones home without permission you can't simply argue that there wasn't a lock on the door.

Edit: ProAm above reminded me of the Andrew Auernheimer case that was nearly identical to this and was resolved as I describe.

Re: FBI raids dental software researcher who discovered patient data on FTP server

#7
post #5

The FBI is going to have a hell of a time arguing that accessing a public FTP server with no password protection is a crime.

I believe that it is still considered unauthorized access even if they don't have a password set up. I think it goes back to law that existed before computers where if you entered someones home without permission you can't simply argue that there wasn't a lock on the door. Edit: ProAm above reminded me of the Andrew Auernheimer case that was nearly identical to this and was resolved as I describe.

Yea.. but a site on the internet is more akin to a store than someone's home. It's completely normal to walk into someone's store.

Re: FBI raids dental software researcher who discovered patient data on FTP server

#8
post #5

The FBI is going to have a hell of a time arguing that accessing a public FTP server with no password protection is a crime.

I believe that it is still considered unauthorized access even if they don't have a password set up. I think it goes back to law that existed before computers where if you entered someones home without permission you can't simply argue that there wasn't a lock on the door. Edit: ProAm above reminded me of the Andrew Auernheimer case that was nearly identical to this and was resolved as I describe.

Please stop with home / lock / etc. metaphors. This is a very simple situation and there is no need to analogize.

When you analogize to a separate situation like keyed locks or zeppelin airspace access rules you're attempting to say something about similarities between the reasoning in resolving the rule on both sides, which requires you to actually make a contention about what aspects of the situation are compatible, and which of those aspects are salient to the definition in question.

Computer behavior patterns are different enough that if you want to analogize, for the love of god explain the aspect you are analogizing. Even the notion of a "protocol" doesn't really exist in meat space.

Something like "transit through third-party routers is a form of access easement"? OK, I could maybe roll with that as a premise if we get into the weeds about what that would imply.

"It's like an unlocked door!" Jesus christ, stop. No, it's not. Even particular unlocked doors aren't what you're thinking of as an archetypical unlocked door, because "unlocked door" isn't a legal concept.

Re: FBI raids dental software researcher who discovered patient data on FTP server

#10
post #7
post #5

Earlier quoted context omitted.

I believe that it is still considered unauthorized access even if they don't have a password set up. I think it goes back to law that existed before computers where if you entered someones home without permission you can't simply argue that there wasn't a lock on the door. Edit: ProAm above reminded me of the Andrew Auernheimer case that was nearly identical to this and was resolved as I describe.

Yea.. but a site on the internet is more akin to a store than someone's home. It's completely normal to walk into someone's store.

I'm not justifying the law I consider it ridiculous but I'm pretty sure that is how it is written.
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