Dozier Internet Law has been involved in many, many civil and criminal hacking cases and legal matters arising under the Computer Fraud and Abuse Act, the statute under which the prosecution of the MySpace Suicide case is proceeding. First, the reaction from the legal blogosphere was to criticize the application of the statute in this case. Now, lawyers purportedly involved in cyberlaw have been commenting about how nobody, in their view, ever anticipated it would be used like this! It is a statute for hackers...those stealing passwords or using other means to act maliciously, they cry!
So, here is my post on this blog from a year and a half ago: Federal Hacking Laws. I point out, of course, exactly what those complaining now see. It is a statute (and states have similar laws) that is much broader than most think. But, I must disagree that no one saw this coming. Dozier Internet Law not only saw it coming, but we have been dealing with the same sort of claims made by private litigants in civil cases and US prosecutors and the FBI in criminal cases for years. And there are Circuit level civil court decisions that have been around for years (I argued one of the more prominent in the 9th Circuit). There is even a criminal prosecution appeal confirmed dealing with the statute in the 9th Circuit. While the Middleton case is distinguishable on its face factually...the principal of applying the statute to prosecute criminally is nothing new. I've tried two criminal cases myself dealing with the issue of unauthorized access under state laws.
So, for all of the late comers to the show, don't sit there and criticize the Judge, the prosecutor, or anyone else. The statute stinks to high heaven. That's reality. Surprised? These "cyberlaw experts" shouldn't be. It makes you wonder what area of law these so called "legal authorities" have been practicing.
Here is what I said a year and a half ago: "There is unauthorized access (similar to trespass) and then there is hacking (similar to assault and battery!). We need to get the legislators to understand the difference between the two, and pass some laws that are reflective of reality. Those that access a competing website by borrowing a roommate's password (like just about all college kids do) to see information thousands of others can see is likely trespassing, but he (sic) is not a hacker. Not by a long shot."
So, it is what it is. The law is on the books, strengthened even more in the post 9/11 Patriot Act, and even if Congress addresses the problem, similar laws now exist in many states subjecting those who violate a terms of use to criminal prosecution and civil liability. Indeed, at least four lawsuits were filed in the last 90 days in Federal Court asserting civil claims under the law. You can read about them at the Dozier Internet Law on Hacking blog.
I will say, however, that the facts of the MySpace Suicide case are ambiguous and complex, and I won't be surprised if the case is dismissed by the Judge post verdict or the jury returns a "not guilty" verdict. Don't take that as a statement that the law does not apply to those violating a terms of use on a website. In my opinion it clearly does apply. Now, let's get the new Congress to fix it like I suggested a year and a half ago.
Well, I believe Ive been a victim of a hacker since March this year and have been faced with closed doors in every single direction I have tried since 13th April to present. My hacker has accessed me through windows live hotmail account, Facebook intrusion and hacking and eventually accessed my personal laptop via bluetooth technology, virtual trakcer, virtual ports, my wireless broadband and more with the aim of taking your personal media files, Pictures and Videos to enable them to create as many fake profiles on facebook to widen their access to more victims. They have taken my Ddrive and replaced with a virtual Q drive which holds his library files. They want your applications as each pc have different ones and they copy them, this takes a few weeks for the process and my apps are then replaced with virtual ones to put his victim into a false sense that all appears normal. I think he manipulates the website and sends updates to your driver to aid their crime. I discoverd a NetMeeting page where the 3 hackers exchange info and here it confirmed that my mobile has been hacked into aswell which has naturally felt like living with an intruder for too many months now. I am in no way I.T but after I discovered my hotmail and facebook had been hacked into I have naturally documented their whereabouts in the form of hand written notes, saved files, external hard drive, USB adaptor, disks, photos and videos of unfamiliar findings. Windows Live (hotmail.co.uk), Gmail, Facebook, Microsoft, Windows/IE, Application theft and copyright violations, online securtiy apps manipulation and more are all involved and I may be wrong but I really dont think I am as I have researched almost every single thing found and always shows as malfunction, malicious, malware, intrusions, hacking, system failure/crash and many many more illegal or bad files. To be honest, in a nutshell, this is destroying our home and our family life of myself and my 2 young children and no matter how many times I have had my laptop flattened (restored professionaly to manufacturers settings) nothing has changed leaving me to think Storage Technology has been chipped of some sort and that the hackers have consistant access due to files being downloaded in the standard way of windows updates. One way or an other there is some form of personal media theft, fake ID's being created for the pure purpose of internet fraud and personal gain. The UK have been less than helpful leaving me being taunted and victimised, bullied and intimidated when I have approached the police as they tell me they have not the time nor the funds or staff to deal with such a crime and in return I have been treat like a criminal and all I want is to pass over everything I have discovered for professional investigation. I know their names are Tim Hoggarth, James Storer and Marc Smith from Huddersfield, Nottinghamshire and Halifax respectively but know there are others as I read many paths returning info to a certain hub (head Q or base of some sort). Can you help? It is possible there is an American link as everything turned to USA and Dollars and the American flag was apparant once the hackers accessed me. California but I really cant confirm this. I beleive their Certificates of Authentication are massively involved and for sure not authentic. Im sure security pages are thrown in your way so we naturally clic and sign up but one app inparticular seemed to be involved called babylon. Anyways, I have posted the truth and wonder if there will be a response from you. Kind regards, Julie
Posted by: Julie Roy-Branston | June 28, 2011 at 09:10 AM