sugarmountain's comments

sugarmountain | 13 years ago | on: Facebook e-mail mess: Address books altered, e-mail lost

While it's probably true that the EULA permits FB to read the contact list, and update it in expected ways, there are many points covered in those statutes: interception and destruction of data, making the system unavailable for its intended use, etc.

Can anyone find language permitting FB to destructively alter the contents in profoundly unusual ways so that email is redirected to FB servers for interception and delivery as FB deems appropriate?

I'd really like to see an informed legal opinion on the possible criminality of their actions.

sugarmountain | 13 years ago | on: Facebook e-mail mess: Address books altered, e-mail lost

Can any attorneys out there explain how altering computing devices to redirect and intercept email is not a criminal act when done without the knowledge or consent of the owner?

If any of us pulled the same stunt, even if authorized to access the system for other reasons, would we not be subject to prosecution? Hopefully, the same will happen to FB.

In addition to the Federal communications and cybercrime statutes, there is California Penal Code 502:

(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: (1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data. ... (4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network. (5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network. ... etc.

It remains to be seen if there is a prosecutor with the backbone to go after this.

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