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Rinkles
Oct 24, 2010

What I'm getting at is...
Do you feel the same way?

Shrecknet posted:

I mean in the sense that it satisfies none of the four levels of mens rea required to establish a crime has occurred.

If Colonel Sanders ran down the street yelling what the seven herbs and spices are, and I write down what he is yelling, that is not a corporate espionage invasion into KFC HQ.

If a person could access a piece of data without bypassing any encryption or indeed even a No Trespassing sign, that cannot be considered hacking.

The public has no duty to avert its eyes, in other words


Does it change if the information is self evidently sensitive, and isn't acquired passively? Like say if KFC had their employees' SSNs posted in large print in their offices. Big enough that you could make them out with binoculars. You couldn't be faulted for unintentionally noticing this when bird watching. But if you then proceeded to intentionally scope out and write down the SSN of every employee, are you maybe crossing a different line? Separate from the fact of KFC's negligence. (excuse the awful analogy)

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