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From: opus@drutx.UUCP (ShanklandJA)
Newsgroups: net.misc,net.legal
Subject: Re: Password hacker gets probation (& other electronic crimes)
Message-ID: <258@drutx.UUCP>
Date: Wed, 2-May-84 21:45:13 EDT
Article-I.D.: drutx.258
Posted: Wed May  2 21:45:13 1984
Date-Received: Fri, 4-May-84 01:13:28 EDT
References: <90@tilt.UUCP>, <308@ihu1g.UUCP> <822@ihuxw.UUCP> <739@ihuxx.UUCP>
Organization: AT&T Information Systems Laboratories, Denver
Lines: 33

Since we're edging into legal matters here, I thought I'd check with
my legal affairs consultant and see what she says about the notion
that ease of access to a computer system constitutes a legitimate
defense for the password cracker.

Dave Ihnat (ihuxx!ignatz) writes:

    Ah...well, consider: I leave my car keys in the ignition, the door
    unlocked, and the window down....  The criminal has some defense
    on grounds of unreasonable temptation....  You severely weaken your
    case in the auto theft above if the situation can be proven to be
    as outlined; why should it be different for computer theft?...
    Ever hear of attractive nuisance?  

My legal affairs consultant says no.  You may leave your car keys in the
ignition, the door unlocked, and the window open, but if I steal your car,
legally speaking, I'm just as guilty as if I had used the most sophisticated
tools in the car theft industry.

As for attractive nuisance, that is a cause of action in CIVIL law;
my legal consultant knows of no jurisdiction in which attractive
nuisance is a defense in a criminal action.  She says, "Although you
might try to raise that argument in a criminal case, I wouldn't want
to be the one to do it; I don't think it would pass the straight-face
test."

Just trying to set the record straight (this is going to cost me
a fortune in legal fees :-).

Jim Shankland
..!ihnp4!druxy!opus

"Nun beating?  Good Lord, man, I can't support that!"