Computer owners must exercise responsibility in keeping their account information and networks secure from outside attacks and manipulation.

02/02/2009

Internet security is an ongoing issue in the legal world; simply because certain files are found on a person's computer does not necessarily mean that the owner is responsible for those file being there. However, it is extremely difficult for an individual to avoid taking the blame for crimes that another person may have committed using the individual's computer or account. Computer owners must exercise responsibility in keeping their account information and networks secure from outside attacks and manipulation.

Last summer, the social networking giant Facebook fell prey to cyber criminals, with malware attacks affecting some of the site's users (less than 1%, according to a recent article in the Wall Street Journal). In these attacks, a message or wall posting that appeared to be from a "friend" might have mentioned a picture or video, and provided a link. When the unsuspecting user clicked on the link, they would be taken to a site that automatically downloaded malware onto the Facebook user's computer, or asked for personal information such as account information and social security numbers. Facebook is not afraid to take legal action, and was awarded $873 million last year in a single case against Atlantis Blue Capital and its owner. Facebook is not the only social networking site to be hit by cyber criminals looking to exploit other people's trust. MySpace suffered several malware attacks last summer, and LinkedIn and Twitter accounts have been the culprits in malware attacks as well.

It is general knowledge that opening mail that is not addressed to you is a felony. Email has typically been considered in a different light, as a person in possession of another individual's email account information can easily log in and perform all the regular email operations the owner of the account can. This includes viewing messages, deleting messages, etc. - a person may even mark messages they have read as "Unread", so that any clandestine activity done in the account may go unnoticed by the account holder.

Under the Stored Communications Act (SCA), a subsection of the Electronic Communications Privacy Act (ECPA) of 1986, it is prohibited for anyone to intentionally open up someone else's email without their permission if it is not "readily accessible to the general public" (18 U.S.C. § 2511). This makes it unlawful for a suspicious spouse to peruse his or her partner's email looking for evidence of extramarital affairs, a practice that is not uncommon.

As email becomes the principal means of written communication, it is increasingly necessary to be cognizant of the laws associated with electronic communications, how they both conform to and differ from the preexisting laws associated with mail correspondence and telephone communications. The open nature of the Internet makes it just as easy, if not easier, for one to access content that is not meant for him. The Internet has assimilated itself into our lives to the point where it is no longer a novelty for most; many of the laws that apply to Internet communications and transactions, on the other hand, are. We are in the midst of a Technological Revolution. It will take time still to fully adjust to the changes brought about by the sudden availability of information and the facility of communication; it will especially take time to adjust to the legal implications of those changes.

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