Re:US Supreme Court Restricts Scope of Computer Fraud and Ab...
by kenjackson on Thursday June 03, 2021 @08:13PM
(#27389004)
So how is this any different than my front door if I don't lock it. Can you just walk around in my house if the door is unlocked. Trespassing doesn't depend on doors being locked or not. The act of trespassing (and most crimes) doesn't depend on the victim setting up a suitable defense before what you've done is a crime. Even things like sex require some sort of consent (implied or otherwise) or it's a crime.
Can I walk into a bank and take all the money from the vault if they leave it open? But yet somehow with a computer that isn't yours you seem to be stating that if you don't properly protect it then access to it by anyone who happens upon it is completely legal.
Let’s take computers out of the picture again. Suppose I know that an organization O throws out folders with sensitive data D into the trash can in their publicly-accessible lobby every Friday at 3 pm. People that want to know D pay me to come there at 2:55, root through the can and write down the pieces that they need.
Should what I am doing be illegal? Whatever your answer, is it in any way different from walking around that same lobby sniffing O’s open Wi-Fi network except for “computers were involved”?