If someone left their facebook open on your computer, is it illegal to look through i

O

OmegaSupreme

Limp Gawd
Joined
Sep 29, 2009
Messages
279
So as the title states, if someone were to use your laptop to check their facebook, and lets say it's set to auto login, is it illegal to look through their facebook?
 
Would FB say that you legally should have access to that information or account privileges?

Also... the question raises some implications about your moral compass. So ask yourself the following:
1. If you told your mother about the plan, would she approve or scold you?
2. If what you were planning appeared as the headline in tomorrow's news, would you be proud or ashamed?
 
PTNL said:
Would FB say that you legally should have access to that information or account privileges? They have a TOS.

Also... the question raises some implications about your moral compass. So ask yourself the following:
1. If you told your mother about the plan, would she approve or scold you?
2. If what you were planning appeared as the headline in tomorrow's news, would you be proud or ashamed?
Click to expand...

I'm not talking morals here; I'm talking legality. Some things that are perfectly legal, aren't necessarily morally correct.

This is a hypothetical question. I know I should ask on a lawyer forum, but they take forever to answer.
 
It's unlawful computer access or whatever they call it.

Facebook or online banking, the onus is on you to not intentionally access someone's account.
 
facebook terms of use
http://www.facebook.com/legal/terms

section 3.5 You will not solicit login information or access an account belonging to someone else.

So there we go, you're breaking the terms of use of the web site.

In terms of legality, that depends on where you are and your local statutes. In the US, you're most likely accessing facebook across state lines, which may mean you "knowingly access without authorization (or in excess of authorization) any computer system..." and are subject to federal wiretap laws.

Really though, just don't do it. The laws on this sort of thing are not written in stone. Attack the wrong person, or gain some media attention, and you'll be made an example of, and be unhappy. Even if you can find some interpretation of some law that somehow gives you access to someone else s computer account without their consent, the costs of defending yourself against this type of thing will ruin you.
 
If someone's door was unlocked to their house does that mean you can let yourself in? Of course not. Just because that Facebook happens to load with another users credentials on their computer does not allow you the right to access it.
 
Either way your breaking federal law so I would not do it. Plus you would me also breaking this law: Computer Fraud and Abuse Act.

So simple answer dont do it unless you want to be charged for Computer Fraud and any other federal laws you would be breaking.
 
jjeff1 said:
facebook terms of use
http://www.facebook.com/legal/terms

section 3.5 You will not solicit login information or access an account belonging to someone else.

So there we go, you're breaking the terms of use of the web site.

In terms of legality, that depends on where you are and your local statutes. In the US, you're most likely accessing facebook across state lines, which may mean you "knowingly access without authorization (or in excess of authorization) any computer system..." and are subject to federal wiretap laws.
Click to expand...
Terms of Service can really say anything, that doesn't mean that they are not subject to laws which contradict terms of service. Regardless, the terms of service, unless proven to be illegal will simply ban the user from use of their site.
As for the whole "access without authorization" part, if they were to click the "keep me logged in" button, that is implied consent. Therefore, it gives you authorization.

However, one assumes that when using a site like FaceBook or MySpace that you have a "reasonable expectation of privacy". And as one court has found, with social media sites, there is no longer a reasonable expectation of that privacy.

Some quotes:

the court found that “as neither Facebook nor MySpace guarantee complete privacy, Plaintiff has no legitimate reasonable expectation of privacy.” The court supported this finding by noting that both MySpace and Facebook warned users against an expectation of privacy. My Space, for example, warned users “not to forget that their profiles and MySpace forums are public spaces.”
Click to expand...

and
Thus, when Plaintiff created her Facebook and MySpace accounts, she consented to the fact that her personal information would be shared with others, notwithstanding her privacy settings.
Click to expand...

and
As recently set forth by commentators regarding privacy and social networking sites, given the millions of users, "n this environment, privacy is no longer grounded in reasonable expectations, but rather in some theoretical protocol better known as wishful thinking."
Click to expand...


Source
etothe3ric said:
If someone's door was unlocked to their house does that mean you can let yourself in? Of course not. Just because that Facebook happens to load with another users credentials on their computer does not allow you the right to access it.
Click to expand...
Not quite. It would be more like the person accessing their facebook account on your computer made a duplicate key for the front door to their house, then attached that key to your key chain. Thus implying consent that you have access to their home whether explicitly stated or not.
timreichhart said:
Either way your breaking federal law so I would not do it. Plus you would me also breaking this law: Computer Fraud and Abuse Act.

So simple answer dont do it unless you want to be charged for Computer Fraud and any other federal laws you would be breaking.
Click to expand...
I'll look in to that act. Thanks for the lead.
 
Ok, I have to be the first one to ask I guess.

What makes you come up with this "what if" question.

I'm going to go against the others here a little bit. I think that by law it actually depends on who the person is and what their expectation to privacy is. For example, a parent could monitor their kids stuff on a family owned PC. When this happens between a husband and wife it has been known to go both ways. In some cases it has been argued that the one violated the law by reading the other's email account on a shared computer and in other cases they have claimed that since the computer was shared by both parties and stuff set to auto login that they didn't have any expectation to privacy as they knew that the other could just access the data.

Even if a person gave you a copy of their key that doesn't give you the right to go into their house whenever you want and take shit. People give spare sets of keys to friends / family for safe keeping. I worked with somebody that gave their neighbors a spare set of keys for their house. they weren't for them to just go over whenever. they were so that when their kids in their early teens got home from school, if they forget their keys at home could go there and the neighbors could use the spare set to let them in. My sister has given a spare set of keys for her car to family that lives around where she works and a spare set to our parents. Not so that anyone can take her car when needed but so that is she locks the keys in that car either at home or at work there is a set that somebody can bring her.
 
Exavior said:
Ok, I have to be the first one to ask I guess.

What makes you come up with this "what if" question.
Click to expand...
A friend asked me about it since they know I'm "into computers".
Exavior said:
I'm going to go against the others here a little bit. I think that by law it actually depends on who the person is and what their expectation to privacy is. For example, a parent could monitor their kids stuff on a family owned PC. When this happens between a husband and wife it has been known to go both ways. In some cases it has been argued that the one violated the law by reading the other's email account on a shared computer and in other cases they have claimed that since the computer was shared by both parties and stuff set to auto login that they didn't have any expectation to privacy as they knew that the other could just access the data.
Click to expand...

I don't believe the e-mail argument would apply to this, since with e-mail, you have a "reasonable right to privacy" since what you write there is not public in any way shape or form.
In regards to the husband and wife thing, if it's set to auto log in, then one should not expect any privacy whatsoever. However, if it is not, then it may be, however, if the other party gave the person the password, in essence the key, then one should also assume that there is no privacy either.
That's exactly why I have never told my anyone my passwords --ever.
Exavior said:
Even if a person gave you a copy of their key that doesn't give you the right to go into their house whenever you want and take shit. People give spare sets of keys to friends / family for safe keeping. I worked with somebody that gave their neighbors a spare set of keys for their house. they weren't for them to just go over whenever. they were so that when their kids in their early teens got home from school, if they forget their keys at home could go there and the neighbors could use the spare set to let them in. My sister has given a spare set of keys for her car to family that lives around where she works and a spare set to our parents. Not so that anyone can take her car when needed but so that is she locks the keys in that car either at home or at work there is a set that somebody can bring her.
Click to expand...
See this is where I think the line is drawn between physical property and electronic property. However, one would have to assume that if anyone other than themselves has keys to their home, that they can access it. IMO, I don't think it is at all unreasonable to assume that anyone with keys may access the home. Whether it's morally right is irrelevant.
As for the car, well I'm not sure where that lies either. But once again, if a party was given keys to it, then I would assume that it implies the consent for the use of said vehicle.

So still I think it may apply, regardless of what the intended purpose was.
 
timreichhart said:
Either way your breaking federal law so I would not do it. Plus you would me also breaking this law: Computer Fraud and Abuse Act.

So simple answer dont do it unless you want to be charged for Computer Fraud and any other federal laws you would be breaking.
Click to expand...

OK so I looked into this and it doesn't apply. The act codified as 18USC SS1030 simply states that it's illegal to hack government or banking institutions computers, or attempt to defraud or extort money from a private person. There's more to it than that, but it mainly has to do with government computers and such.
 
It does apply technically because your accessing computers in-case your trying to find out more personal information like bank/credit card information or anything like that in-case they might have it linked on facebook because facebook does allow you to add bank/credit card account information onto there site.
 
Last edited:
jjeff1 said:
facebook terms of use
http://www.facebook.com/legal/terms

section 3.5 You will not solicit login information or access an account belonging to someone else.

So there we go, you're breaking the terms of use of the web site..
Click to expand...

Facebooks rules have already been trumped and squashed. Username/passwords have already been ordered by the court to be handed over to a spouse in legal hearings..specifically divorce.

Click on the below link....the female attorney is in my BNI group and I know the opposing attorney also.
http://www.ctlawtribune.com/printarticle.aspx?ID=40700
 
Last edited:
As much as you were dismissive of it, if someone wanted to get you bad enough they would use the Computer Fraud and Abuse Act.

It is broad and used to nail anyone they want to get for hacking, cracking, etc. You would be in trouble under this: "Information from any protected computer if the conduct involves an interstate or foreign communication" and additionally what you're doing would likely be presented as identity spoofing. Any type of spoofing = you're fucked.

Basically, in the US anything you do to circumvent regular access measures is illegal, including using what amounts to a "found key" to enter a private area. It is your responsibility to log out immediately.
 
Most problems arise not, from people intentionally breaking the law but, from companies operating as if the letter of the law is the ONLY consideration in making a profit.
 
Depends on the jurisdiction, obviously.

I don't know about in the US, but it would be an offence in the UK.

Here is the law in the UK (Section 1, Computer Misuse Act 1990):
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 or data held in any computer, or to enable any such access to be secured;
(b) the access he intends to secure, or to enable to be secured, is unauthorised; and
(c) he knows at the time when he causes the computer to perform the function that that is the case.
Click to expand...
 
Last edited:
PTNL said:
You should instead instruct your friend to ask someone who's "into electronic and privacy law".
Click to expand...

+1. This is a hardware enthusiast board. We don't spend our days looking at the legal grounds of some activity.

In my mind, your friend should contact a lawyer. Instead of using some weird method of justification or something.

Edit: Y'know, I took the liberty of googling that for you.

http://lmgtfy.com/?q=illegal+to+access+someones+facebook

Second link. http://www.ehow.com/facts_5730969_illegal-access-someone_s-facebook-account_.html
 
Last edited:
I think morally, you are required to teach them to look after their crap. All those stupid laws are what makes people careless, since they think they can sue later anyway.

Would you want your children to be strong and be able to stand against a threat or have them come running to you crying?
 
TCM said:
I think morally, you are required to teach them to look after their crap. All those stupid laws are what makes people careless, since they think they can sue later anyway.

Would you want your children to be strong and be able to stand against a threat or have them come running to you crying?
Click to expand...

I, for one, will teach my kids to trust our Google overlords.
 
Even after reading through this thread... I'm still confused about how anyone thinks this is illegal when the person uses YOUR computer to access their facebook. I look forward to more information that pops up on this subject. Guess some of it would depend on the current privacy of their facebook in general...
 
It is your responsibility (as stated by another poster), to logout immediately. Even if I gave you my password -- I did not give you authorization to login as you please and do as you will.

In any event, I don't see why this would be a federal law anyhow -- you need to look to the states, for example Michigan 752.795.
 
Last edited:
RobustDude said:
Even after reading through this thread... I'm still confused about how anyone thinks this is illegal when the person uses YOUR computer to access their facebook. I look forward to more information that pops up on this subject. Guess some of it would depend on the current privacy of their facebook in general...
Click to expand...

Well in the case of the UK I think it's quite obvious from the law I quoted that it would be illegal. The law states "...causes a computer to perform any function with intent to secure access to any program or data held in any computer...", so it's irrelevant whether the individual owns the computer that they are using.
 
if someone were to use MY computer using MY account to then get on facebook on their account and it saved the login, i say all bets are off, their problem for letting my computer to remember their password.
 
Also, if this is a work computer you could get in hot water if you discover something about someone (such as they are a member of a protected class) then they are later fired from the company. If the person can make a case that they were fired based on that information you could be sued.
 
Concentric said:
Well in the case of the UK I think it's quite obvious from the law I quoted that it would be illegal. The law states "...causes a computer to perform any function with intent to secure access to any program or data held in any computer...", so it's irrelevant whether the individual owns the computer that they are using.
Click to expand...

Yea, those three listings especially (a) are so broad (vague) that I feel it can be unduly applied to anything. How many times has this particularly act (christ from 1990???) been invoked?
 
RobustDude said:
Yea, those three listings especially (a) are so broad (vague) that I feel it can be unduly applied to anything. How many times has this particularly act (christ from 1990???) been invoked?
Click to expand...

Part A in particular is intended to be non-specific so as to cover the whole range of possible technical scenarios that might occur, but I don't think it's over-reaching or vague.
Note that all three of those criteria must be met - it's "A person is guilty of an offence if a)..., b)..., AND c)...". By parts B and C the access has to be knowingly unauthorised.
We don't hear about it being invoked that often.
 
You must log in or register to reply here.
Back
Top