3 years, 3 months ago
Minor receives the login info to a webserver from owner, edits/deletes files, justify threats of lawsuit(cont)
- Minor receives login credentials from a co-owner of a web/gameserver box. Minor procedes to then edit and mess with files on the said web/gameserver box. Another co-owner of the box did not approve of the minor having access and begins to threaten lawsuits.
- Would the minor be doing anything that could get him taken to court if the owner (who gave him the information to access the server) decides to say 'I didn't give him the information, he stole it from me'? Suffice to say, the adult now believes whole-heartedly that the minor 'hacked into his server' and 'stole his information' regardless of the fact that in reality another owner gave him the credentials.
- Background story behind the question:
- The little brother of a friend of mine (A minor) was recently given the login information to a Game Server. He proceded to then play around with the gameservers settings. Apparently, another individual who helped pay for the gameserver did not want the minor to have to access info.
- After one of the owners changed the access information (the owner is in his late thirties, early forties as far as I know) they proceded to get the minor's information. They've continuously harrassed the minor with threats of lawsuits (Over the phone, IM clients, etc). Not once have they contacted his parents (as far as my friend has told me).
- I'm assuming that the server co-owner is just bluffing. But I was wondering, even if they weren't, would any of the minors actions justify an adult threatening a 15 year old with lawsuits and jail time. (Never once contacting his parents)
- I'm concerned for him now, as the adult(s) have his information: home phone, cell phone, address, where he goes to school.
- What should they do? Should they contact their local police? Should they call a lawyer? If so, what should they say or do?
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M$2 Answers
If access was given voluntarily, the minor would not be considered a trespasser or "hacker". The minor is partly responsible for any damage caused to the equipment. The owner of the credentials is more responsible. Login credentials are designed to be unique and secure. If an admin gives them away, he must accept responsibility for the actions taken with his credentials.
The offended owner should be directing his complaints at the offending owner.
Direct contact with the minor is inappropriate and unprofessional. If any damages are to be collected, they would be from the legal guardians of the minor. Attempts to extort money by threat are criminal. Screwing up the configuration of a server with valid authority is not.
This is why employees (especially techs and admins) should have their credentials revoked as part of the termination process. Case in point: the Fannie Mae sys admin who was fired, then placed a logic bomb that could have done serious damage to the system.
The minor, I'm sure, is reluctant to ask for help. But he should. Push this on to the parents. Suck it up. If there are real damages, the business owner should be able to quantify, list in detail, and provide a reasonable proposal for action.
Anything else is just harrassment. Justifiable? Not relevant. Take it up with the person who volunteered the login.
The offended owner should be directing his complaints at the offending owner.
Direct contact with the minor is inappropriate and unprofessional. If any damages are to be collected, they would be from the legal guardians of the minor. Attempts to extort money by threat are criminal. Screwing up the configuration of a server with valid authority is not.
This is why employees (especially techs and admins) should have their credentials revoked as part of the termination process. Case in point: the Fannie Mae sys admin who was fired, then placed a logic bomb that could have done serious damage to the system.
The minor, I'm sure, is reluctant to ask for help. But he should. Push this on to the parents. Suck it up. If there are real damages, the business owner should be able to quantify, list in detail, and provide a reasonable proposal for action.
Anything else is just harrassment. Justifiable? Not relevant. Take it up with the person who volunteered the login.
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M$Report Abuse
Please don't take anything I say here as legal advice.
I happen to be reading the computer fraud and abuse act earlier today (no, not for fun I'm reading it for a cybercrime class) and noticed that nearly every provision explicitly mentions someone using a computer that is either unauthorized or is exceeding their authorization. To be clear, this is a criminal statute (depending on the details it can be either a misdemeanor or a felony) and some portions of it provide for a civil remedy as well.
If someone is given login information for purpose X and then they go around deleting things it would seem to me that they are exceeding their authorization. This is true regardless of whether there is another administrator or not.
I'm not saying that this minor is guilty (because I don't have nearly enough information and it wouldn't be my place to do so even if I did), but at first glance there is enough to take this seriously.
That being said, criminal actions are prosecuted by the state and not by Joe Shmoe who is pissed off. I'm not sure what the most recent version of the statute says, but there may be a minimum amount of damage that needs to be caused for there to even be a case.
Under no circumstances is it ok for an adult to be threatening a minor (personal opinion). I would ask the other party to stop or report their actions to the police. We have a legal system in place to prevent vigilante justice. If there is no damage to the computers (and this includes the value of the number of hours it may have taken to fix things) I would try to call it even and move on with life. If the other party continues to threaten the minor I would warn them, report them, and then if necessary find a lawyer.
Remember, please consider everything I have said as my own personal opinion and not legal advice of any kind. I have simplified much of what I wrote so if you want more detailed answers feel free to send me a direct question.
I happen to be reading the computer fraud and abuse act earlier today (no, not for fun I'm reading it for a cybercrime class) and noticed that nearly every provision explicitly mentions someone using a computer that is either unauthorized or is exceeding their authorization. To be clear, this is a criminal statute (depending on the details it can be either a misdemeanor or a felony) and some portions of it provide for a civil remedy as well.
If someone is given login information for purpose X and then they go around deleting things it would seem to me that they are exceeding their authorization. This is true regardless of whether there is another administrator or not.
I'm not saying that this minor is guilty (because I don't have nearly enough information and it wouldn't be my place to do so even if I did), but at first glance there is enough to take this seriously.
That being said, criminal actions are prosecuted by the state and not by Joe Shmoe who is pissed off. I'm not sure what the most recent version of the statute says, but there may be a minimum amount of damage that needs to be caused for there to even be a case.
Under no circumstances is it ok for an adult to be threatening a minor (personal opinion). I would ask the other party to stop or report their actions to the police. We have a legal system in place to prevent vigilante justice. If there is no damage to the computers (and this includes the value of the number of hours it may have taken to fix things) I would try to call it even and move on with life. If the other party continues to threaten the minor I would warn them, report them, and then if necessary find a lawyer.
Remember, please consider everything I have said as my own personal opinion and not legal advice of any kind. I have simplified much of what I wrote so if you want more detailed answers feel free to send me a direct question.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
