Legal Question in Technology Law in New Jersey

Hosting of questionable material on a website.

I'm doing some research for one of my friends that runs a website. Currently, the website is hosted in New Jersey. My friend just took over this website from the old administrator a few days ago, and the site is primarily a social bulliten board/message board system.

When he took over the site, he found a semi-hidden section that contained a message board where some former users would post lists of usernames and passwords for adult pay sites. Upon finding these lists, the messages and topics were deleted.

However, my friend's curiosity was sparked, and he is somewhat afraid that this could still come back to be a legal problem in the future. What I'm trying to figure out is first: Is it illegal for a website in NJ to host lists of hacked usernames and passwords for adult pay sites. Second: If so, can my friend be held liable at all if illegal activity took place.

I know it's illegal to actually hack the passwords one's self, but I'm unsure about hosting passwords that someone else hacked.

Thanks very much.


Asked on 4/07/05, 12:06 pm

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Re: Hosting of questionable material on a website.

This is a question of possession of stolen goods -- in this case, the username/password combos. By removing this list from the site the Admin did the right thing -- making them unavailable to others. There are a couple of more steps he can take to further protect the site/himself. The question of liability to your friend can only really be determined after a conversation about the form of the organization.

If you like, feel free to give me a call on these issues.

John Friedman

212.366.1324

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Answered on 4/07/05, 2:09 pm


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