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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 10-31-2013, 07:03 PM   #1
Unique_Carpenter
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Default Computer crimes

Jon:
Can you refresh us all about what can happen, criminally, or from a civil liability point, if computers or on-line web sites are hacked, with information corrupted or stolen, to the extent that business income is lost, or that monetary damages are incurred? If you could include comments on mis-using data from a stolen/lost smart phone, I would think would be of interest also. Although this activity may not meet Federal criteria, I think board members would be interested in high-lights of laws from various states. If you can comment on laws applicable to a couple states about where the Kansas River ends, I’ll build you a soap box. If you quote extensively from Texas law, it would be a very small soap box. Please close with a bit of generic advice if this type of situation were to damage folks that happen to be board members.
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Old 11-01-2013, 08:45 AM   #2
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1st I am not a lawyer but hacking as you described it is FEDERAL I believe. cyber crimes are some of the more interesting crimes out there mainly because it is a new and evolving area of criminal activity.
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Old 11-01-2013, 09:48 PM   #3
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Default Federal limits

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Originally Posted by Mr. GPop View Post
1st I am not a lawyer but hacking as you described it is FEDERAL I believe. cyber crimes are some of the more interesting crimes out there mainly because it is a new and evolving area of criminal activity.
Yes except that for Federal, certain damage limits needs to be exceeded and/or certain types of networks/machines need to be hacked. Thus the question of how things that might impact the board members here are probably state items which would be nice to get an update on.
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Old 11-02-2013, 01:49 PM   #4
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Quote:
Originally Posted by Unique_Carpenter View Post
Jon:
Can you refresh us all about what can happen, criminally, or from a civil liability point, if computers or on-line web sites are hacked, with information corrupted or stolen, to the extent that business income is lost, or that monetary damages are incurred? If you could include comments on mis-using data from a stolen/lost smart phone, I would think would be of interest also. Although this activity may not meet Federal criteria, I think board members would be interested in high-lights of laws from various states. If you can comment on laws applicable to a couple states about where the Kansas River ends, I’ll build you a soap box. If you quote extensively from Texas law, it would be a very small soap box. Please close with a bit of generic advice if this type of situation were to damage folks that happen to be board members.
You're asking me to write a survey article on state and federal criminal penalties for computer hacking, PLUS a discussion on civil liability for hacking. My first response is, why?, my second response is, this topic doesn't have anything directly to do with The Hobby, and my final response is, no thanks. If you want to ask a question or narrow the topic, I might give a shot at writing. But what you're talking about is too broad.
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Old 11-03-2013, 07:20 AM   #5
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+1 for Jon.
Way off topic for this forum.
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Old 11-11-2013, 10:21 PM   #6
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If you're truly interested, call your local bar association and ask for a referral for someone who handles Intellectual Property and White Collar criminal law. Or find someone at a local law school with an interest in your scenario and PAY them to research this for you.

Actually, if the price is right...I might be interested...:-)
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Old 11-11-2013, 11:14 PM   #7
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Thx Mynx,
But, I'm good actually. A few midwest gals have had their non-board websites attacked, deleted, etc. last few months and I thought Jon might like to present a synopsis on what could happen to those az*holes if someone did go after them “legally".
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Old 11-12-2013, 12:06 AM   #8
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Quote:
Originally Posted by Unique_Carpenter View Post
Thx Mynx,
But, I'm good actually. A few midwest gals have had their non-board websites attacked, deleted, etc. last few months and I thought Jon might like to present a synopsis on what could happen to those az*holes if someone did go after them “legally".
You're welcome. I just want to add that SJ was, in my opinion, very kind in underplaying the actual legal complexity of your question. He stated it succinctly, but didn't call you out on the hours of legal research (and WestLaw isn't free for most attorneys!) your question(s) required. So, in my opinion, he's in no way "brushing you off."

I actually do think it's an interesting legal situation you raise, just complex.
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Old 11-12-2013, 02:24 PM   #9
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Mynx, I want to have sex with your brain. And fingers.
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Old 11-12-2013, 03:53 PM   #10
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Quote:
Originally Posted by notanewbie View Post
Mynx, I want to have sex with your brain. And fingers.
If you add my mouth you have a deal!
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Old 11-12-2013, 03:55 PM   #11
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Ding Ding Ding!
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Old 11-12-2013, 09:57 PM   #12
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Cool

I have been hacked, and the perp, admitted he works for the nsa. I do believe he can be fucked up the ass with a freshly creosoted railroad tie.
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