21
votes
Accepted
Legal Rule that computers are presumed to be operating correctly
The article itself answers the question, albeit not in the most direct way. It cites Law Commission (England & Wales) Report No LC245 (1997), which discusses the relevant law in significant depth ...
- 326
6
votes
Accepted
What is the limitation period for a violation of the Computer Misuse Act of 1990's provision(s) on phishing?
The offences found in the Computer Misuse Act 1990 are criminal offences. The Limitations Act 1980 deals with civil offences and is thus not relevant. Apparently, there is no general statute of ...
- 4,931
6
votes
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal?
In the United States -
Flying within Class G airspace (max 400 ft.) over private property without permission is trespassing (min 500 ft.)
A 107 certified pilot is not restricted to 400 ft., and may ...
- 994
6
votes
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal?
For the USA, the FCC has a few words to say on the subject:
“Generally, “jammers” — which are also commonly called signal blockers, GPS jammers, cell phone jammers, text blockers, etc. — are illegal ...
- 183
5
votes
Accepted
Can academics break the law with their research?
Eugene Volokh categorizes this as "crime-facilitating speech" in his articles, "The Freedom of Speech
and Bad Purposes", and "Crime-Facilitating Speech".
He characterizes the situation like this:
...
- 4,024
5
votes
Accepted
Is it illegal to create and sell a exploit of a zero-day vulnerability?
Yes.
In the United Kingdom it is illegal under the Computer Misuse Act 1990.
In other jurisdictions there may not be a law directly aimed at computer crime but if you sell it knowing that a crime is ...
- 607
4
votes
Accepted
What is the legal status of data (intentionally deleted or not) on a second-hand computer?
Data, as it happens in law, can also be owned. That's why we have a discipline called "Intellectual Property". It is a "thing" - like other properties like cars, houses etc., someone owns it.
Now, ...
- 1,723
4
votes
Purposeful Destruction of a Computer
Would any offence be committed for:
Having this on your person?
Buying or selling this?
Leaving it around for people to plug in to a computer?
In the abstract, I don't think that this ...
- 213k
4
votes
Accepted
Is It Illegal To Test A Website For Exploits Regarding My Personal Info?
In a narrow sense, since you are a student at the U, you are bound by a contract you signed when you registered for classes. Read it, and you'll probably find a clause or two that states that you are ...
- 18.8k
4
votes
Accepted
Under US law, is it illegal to write a self propagating computer worm
Illegal to write?
No.
Notwithstanding the First Amendment which would almost certainly make a law prohibiting it illegal, writing such things is an essential part of an IT security professional’s ...
- 209k
4
votes
Accepted
It is illegal for someone to use software applications on a found laptop computer?
Would it be legal to jump into an unlocked car and start it?
No. Same situation, different object.
- 209k
3
votes
Legality of dual use software that could help with games
This sounds a bit far-fetched. There are laws against circumventing copy protection measures (DRM) but not against aimbotting (to the best of my knowledge). Thus, you cannot reasonably believe that a ...
- 23.9k
3
votes
Has anyone been prosecuted for making/using malware?
There is an excellent resource for looking at Computer Misuse Act cases:
http://www.computerevidence.co.uk/Cases/CMA.htm
There have been several cases where people have created DoS tools, botnet ...
- 2,346
3
votes
Accepted
iPad hijacking at night
This would be unauthorized access to a computer. The offence is found in Section 1 of the Computer Misuse Act 1990.
Note that this is a criminal offence, approaching the police about it might be the ...
- 4,931
3
votes
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal?
UK-based answer:
With regards to rights above land, we know from Bernstein v Skyviews and General Ltd [1978] QB 479 that a person owns: "the airspace above his land to such height as was necessary ...
- 6,169
3
votes
what can I do after being scammed
It seems that you have a valid contract and he has breached it. You could sue for the value of a year's hosting in a small claims court. Whether this is worth the effort ...
- 209k
3
votes
Legal status of Cellebrite hack
A fundamental requirement of criminal culpability is intent. Based on the description this whole process is happening after a user has already had their phone seized. If a person was not aware of ...
- 4,850
3
votes
It is illegal for someone to use software applications on a found laptop computer?
This would be a violation of 18 USC 1030, which criminalizes knowingly accessing a computer without authorization. The provisions of this law are fairly open-ended. It depends on what exactly you do ...
- 215k
3
votes
Accepted
Computer Misuse Act 1990 vs Police and Justice Act 2006
Part of the 2006 Act (sections 35-38) amends the 1990 Act. You can read more about the effect and purpose of the changes in the explanatory notes. Some particular highlights:
The changes were made to ...
- 46
3
votes
Accepted
Unauthorized access to parents bank account
It’s probably a crime
But you need to report it to the FBI because it’s a Federal crime.
If money had been taken it would be the state crime of fraud. However, mere access isn’t fraud.
It is ...
- 209k
2
votes
Accepted
Does merely serving content alone constitute "operating" in the EU and so should every website be compliant with the EU Cookie Law?
If you operate in a given jurisdiction you must comply with that jurisdictions laws. There are over 190 sovereign nations in the world many with sub-national jurisdictions; no one said this was easy.
- 209k
2
votes
How is "unauthorized" access determined under the Computer Misuse Act?
Is there any mechanism for determining whether access is "authorised" or "unauthorised"?
From the Computer Misuse Act s17:
(5) Access of any kind by any person to any program or data held in a ...
- 12.1k
2
votes
Does the 9th Court Ruling Imply That a Public Endpoint Is Truly Public?
It may be useful to consult the opinion in this civil suit. The relevant portion is the state computer law claims, starting p. 22, which in the Nevada and California versions involves a law making ...
- 215k
2
votes
Exploiting online video games illegal, a tort, or allowable under the law?
If there is a law which outlaws the behavior and potentially an addition to the state’s penal code defining the punitive measures to be taken when one violates the law, then it could subject one to ...
- 2,840
2
votes
Accepted
how are companies like metasploit and trustedsec and rapid7 legally protected?
Most products can be used for illegal purposes, so just selling something that is used for illegal activities can't incur such liability in general. There are exceptions, of course. If a product is ...
- 1,262
2
votes
Does a EULA protect the developer
If you suspect or should reasonably suspect that the customer will violate the license agreement to do something illegal, then the license will not protect you.
Use common sense. If Walmart hires ...
- 34k
2
votes
Is it legal to host a website that gives users access to database leaks and guides on how to do illegal things?
It depends on the jurisdiction and information.
A guide to making bombs would be prima facie illegal in the UK per s58 Terrorism Act 2000 http://www.legislation.gov.uk/ukpga/2000/11/section/58, for ...
- 16.9k
2
votes
Under US law, is it illegal to write a self propagating computer worm
This sounds a lot like the Morris Worm. One key difference is due to a programming error, the Morris Worm effectively performed a denial-of-service attack on any infected machine, having a major ...
- 231
2
votes
Accepted
Is it against the Computer Misuse Act to bypass a client-side paywall?
The relevant section (§1) of the Computer Misuse Act 1990 states
(1) A person is guilty of an offence if— (a) he causes a computer to
perform any function with intent to secure access to any program ...
- 215k
Only top scored, non community-wiki answers of a minimum length are eligible