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Subject:
Are password sites illegal?
Category: Relationships and Society > Law Asked by: baerana-ga List Price: $5.00 |
Posted:
03 Sep 2003 16:34 PDT
Expires: 03 Oct 2003 16:34 PDT Question ID: 251955 |
Is it illegal to put up a website where you list passwords to other sites? For example, there are many websites that allow people to post passwords that allow you to access a porn site without paying. I believe *gaining* these passwords in the first place was illegal, because generally the people who get them do a brute force attack (or other "hacking" attack) to get the passwords. I believe it's possible USING the passwords to access a site you haven't paid for is illegal (unauthorized access to a computer system). But is POSTING the password illegal? Would it be a copyright violation? (I wouldn't think so, but lately it's been impossible for me to foresee the way the DMCA will be applied) | |
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Subject:
Re: Are password sites illegal?
Answered By: mvguy-ga on 03 Sep 2003 22:33 PDT Rated: |
Hi, As I indicated earlier, there are some broadly written state laws involving the passing on of trade secrets or theft of services that could apply. However, as I have discovered in researching this question, there is also a federal law that applies, provided that the intent is to defraud. The applicable law is the United States Code, Title 18, Part I, Chapter 47, Section 1030, Subsection (a)(6). You can find the law on this page: Section 1030. Fraud and related activity in connection with computers http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/47/sections/section_1030.html The relevant part of the law is as follows: [Whoever] (6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if - (A) such trafficking affects interstate or foreign commerce; or (B) such computer is used by or for the Government of the United States; ... shall be punished as provided in subsection (c) of this section [which provides for a penalty of 10 years and a fine]. To "traffic" is defined as to "transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of." Posting something in a place that is publicly accessible would be one way to "dispose of" a password to another person. To summarize, then, the posting of passwords is illegal under federal law if the following provisions are met: a) if it is done knowingly b) if the purpose is to defraud (such as by allowing "free" access that should cost money) c) if it involves commerce that crosses state lines (which it almost certainly would) Passwords are not copyrightable. Copyrights are reserved for the results of intellectual or creative activity. See the following document: What Is Copyrightable? http://wwwnew.towson.edu/ciat/resources/whatiscopyright.htm#copyrightable I hope this fully answers your question. Sincerely, Mvguy-ga Search strategy: I went to http://www.findlaw.com and went to the section on federal laws, then searched in the U.S. code with the search term of "password." Also Google search term: "what is copyrightable" ://www.google.com/search?hl=es&ie=UTF-8&oe=utf-8&q=%22what+is+copyrightable%22&btnG=B%C3%BAsqueda+en+Google |
baerana-ga
rated this answer:
Very nice, thanks. |
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Subject:
Re: Are password sites illegal?
From: slawek-ga on 03 Sep 2003 16:58 PDT |
I doubt that many of the gained passwords are cracked in any way. Most of them likely have been purchased legaly, and simply posted on the Internet. But that is just my educated guess. :) Researcher slawek-ga |
Subject:
Re: Are password sites illegal?
From: mvguy-ga on 03 Sep 2003 17:38 PDT |
Here's an example of a law under which the practice would be illegal: http://www.legislature.state.al.us/CodeofAlabama/1975/13A-8-10.htm By diverting "computer services" to a person not entitled to them, one is committing theft of services under Alabama law. |
Subject:
Re: Are password sites illegal?
From: mvguy-ga on 03 Sep 2003 17:40 PDT |
Similarly, passing on a "trade secret," which as defined would include passwords, would also be illegal. http://www.legislature.state.al.us/CodeofAlabama/1975/13A-8-10.4.htm |
Subject:
Re: Are password sites illegal?
From: magnesium-ga on 03 Sep 2003 18:08 PDT |
I would think this would be considered illegal in most jurisdictions, since it is likely that it would result in a loss of revenue to the entities whose passwords are being published. That seems to me like a form of theft. |
Subject:
Re: Are password sites illegal?
From: baerana-ga on 03 Sep 2003 18:31 PDT |
Right, but just by POSTING the info, there is no loss. There isn't loss until someone USES the info. So, is POSTING the info a crime? For one thing, most of these sites have a disclaimer saying the site is only for "educational" use and not to do anything illegal with the info. Obviously, people do, but people do illegal things with hammers... hammers aren't illegal. |
Subject:
Re: Are password sites illegal?
From: robertskelton-ga on 03 Sep 2003 18:50 PDT |
You might find that many of the password sites are a sham, and work in conjunction with the porn sites themselves. It's a psychological trick to get people excited about the porn content. |
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