Legal Question in Technology Law in Arkansas

Legal to view files of unsecured computers on cable modem network?

My son has been viewing files on unsecured computers on the internet. He's seen files from medical centers, auto dealerships, and even law offices. He says there's no law against just looking. Is he right or is he treading on dangerous grounds with his snooping?

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Asked on 2/19/02, 11:25 pm

3 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Legal to view files of unsecured computers on cable modem network?

Secured or unsecured doesn't matter (although cracking secured sites is worse). Your son could get a very nasty slap on the wrist -- unlikely to be jailed unless he misappropriates credit card numbers or some such, but quite likely to be prohibited from access to computers and put on probation for a couple of years, and his present machine is likely to be confiscated. And ultimately it IS likely that these intrusions will be detected and traced. So, tell him to find a new hobby.

Best wishes,

LDWG

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Answered on 2/20/02, 8:35 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Legal to view files of unsecured computers on cable modem network?

Cracking into unsecured computers on a network is a violation of the privacy rights of the person who owns the computer. Not only are criminal charges likely, but you have potential liability for "negligent entrustment" -- You now have notice that your son is engaging in behavior that is unlawful. If your son were to disclose some fact that he learned from the lawyer's office website, and it cost the client some money, there would be an attorney with a real need to make an example out of you. He would come after you, and your homeowner's insurance, and I can assure you that it would be an unpleasant experience.

You need to revoke the privilege for the cable-modem immediately to protect YOUR economic interests, as well as keep your son out of jail.

I hope this clarifies things. Good luck.

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Answered on 2/20/02, 8:43 am
Bruce Burdick Burdick Law Firm

Re: Legal to view files of unsecured computers on cable modem network?

Dangerous Ground.

In addition to the illegality and immorality of your son's activity, YOU have liability. YOU are treading on dangerous ground. Many sites have traffic observation software that logs who is accessing the site. You son is heading for a bruising. If he keeps it up, he AND YOU will likely regret having internet access. You need to cut him off from the internet unless he stops this stupidity.

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Answered on 2/20/02, 5:42 pm


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