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Ruling could make sharing passwords for subscription services a federal crime
FoxNews.com ^ | 7-11-2016 | FoxNews.com

Posted on 07/11/2016 11:12:16 AM PDT by servo1969

A new federal court ruling could make sharing your passwords for subscription services -- covering everything from Netflix to HBO GO -- a federal crime punishable by prison time, according to a judge who opposed the decision.

The ruling, issued by the Ninth Circuit Court of Appeals last week, pertained to a trade-secrets case and found that certain instances of sharing passwords are prosecutable under the Computer Fraud and Abuse Act (CFAA) - legislation predominantly concerned with hacking.

The case involved David Nosal, a headhunter who left his former company Korn/Ferry and then used the password of an employee to access the company's database and use that information at his new firm. According to Fusion, the defendant was convicted of hacking charges in 2013 and sentenced to one year and one day in prison. The appeals court upheld the conviction by 2-1.

"This access falls squarely within the CFAA's prohibition on access 'without authorization,' and thus we affirm Nosal's conviction for violations of ... the CFAA," Judge M. Margaret McKeown said in the opinion.

However, Judge Stephen Reinhardt, writing in his dissent, argued that the case was not about hacking but password sharing. Consequently, he argued, the ruling jeopardizes password sharing for the general public.

(Excerpt) Read more at foxnews.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: cfaa; computers; hbo; hulu; internet; netflix; passwords; tech
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To: servo1969

Yeehaa, more felonies for me.

Our family shares my Netflix account even though we live in several states.

Oh no, we also share a phone account. Is that illegal too 9th Circus?


21 posted on 07/11/2016 11:44:13 AM PDT by cyclotic
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To: servo1969
I have Netflix streaming and am paying for 4 devices playing at one time. It is not the government's business if I give my mother my password. Two devices at once was not enough because the kids were using their phones to watch cartoons when I wanted to watch Agents of Shield. So I upgraded to the "4 devices streaming at once" version, but I never have more than three, so I gave my Mom my password, and she watches westerns.

It seems to me that if Netflix says I can watch 4 devices at once, then it shouldn't matter if I want to cool off the back bedroom with Oscillating Fan for Your Home or let my mother watch Penny Dreadful.

22 posted on 07/11/2016 11:45:57 AM PDT by sportutegrl
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To: Ramcat

“What you in for? Littering. And they all moved away from me on the bench there...”

Arlo Gutherie ALice’s Resteraunt


23 posted on 07/11/2016 11:47:30 AM PDT by reed13k
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To: bankwalker

Yup. Theft of services. Just hashing out where the boundary line nuances are.


24 posted on 07/11/2016 11:50:19 AM PDT by ctdonath2 (“If anyone will not listen to your words, shake the dust from your feet and leave them.” - Jesus)
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To: cyclotic
Our family shares my Netflix account even though we live in several states. ... Is that illegal too 9th Circus?

What do the terms of service say?

25 posted on 07/11/2016 11:56:28 AM PDT by PAR35
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To: servo1969
A new federal court ruling could make sharing your passwords for subscription services -- covering everything from Netflix to HBO GO -- a federal crime punishable by prison time, according to a judge who opposed the decision.

Not a problem. I'll just store the passwords on an illegal email server. Presto, I'm Miz Clinton.

26 posted on 07/11/2016 12:00:24 PM PDT by Lazamataz (Hillary: "Weapons of war have no place on our streets."... Laz: "Muslims are weapons of war.")
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To: Ramcat

LOL!


27 posted on 07/11/2016 12:10:39 PM PDT by proud American in Canada (God bless the United States of America)
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To: PAR35

I’m fine within those, but the ninth circus may say something else.


28 posted on 07/11/2016 12:22:23 PM PDT by cyclotic
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To: servo1969
Ruling could make sharing passwords for subscription services a federal crime

So if a tech unsavvy moron like Madam Benghazi needs tech support to log on and gives her password to the tech rep to get her on, it's a Federal Crime - well for everyone else, certainly NOT her!

29 posted on 07/11/2016 12:23:21 PM PDT by The Sons of Liberty (Madam Benghazi's attitude toward the people would make Marie Antoinette look empathetic.)
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To: servo1969

#NoCriminalIntent

Hey, it works for Hillary.


30 posted on 07/11/2016 12:26:46 PM PDT by yuleeyahoo (Those are my principles, and if you do not like them...well I have others. - Groucho Marx)
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To: Secret Agent Man
Not enough kids in jail?

“There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” ― Ayn Rand

31 posted on 07/11/2016 12:30:11 PM PDT by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: I want the USA back
This cannot be extended to things such as a spouse sharing a password with a spouse.

Are you sure about that? Because I can think of all sorts of absurdities that can be, and have been, read into laws/rules. — An example: I've heard lower enlisted being told that they'll get written up for "destruction of government property" if they get a [severe] sunburn.

32 posted on 07/11/2016 12:45:21 PM PDT by Edward.Fish
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To: Buckeye McFrog

>> This cannot be extended to things such as a spouse sharing a password with a spouse.
>
> Yeah, and Obamacare could not have possibly been a tax either.

That’s a really good point.


33 posted on 07/11/2016 12:45:22 PM PDT by Edward.Fish
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To: proust

*


34 posted on 07/11/2016 12:46:51 PM PDT by BunnySlippers (I Love Bull Markets!!!)
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To: cyclotic
Is that illegal too 9th Circus?

It all comes down to intent. You didn't intend for your family to share your account, it just happened. It was just carelessness. According to Hillary Clinton, what difference does it make? Just be careless and don't give a darn, and it isn't illegal.

35 posted on 07/11/2016 1:03:42 PM PDT by roadcat
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To: roadcat

CA is a community property state. Do the passwords have to split 50/50?


36 posted on 07/11/2016 1:07:19 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: servo1969

But it’s OK for Hillary to share classified information?


37 posted on 07/11/2016 1:08:35 PM PDT by GOPJ ("Crooked Hillary has the violent thug vote" - - Freeper Reeses)
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To: combat_boots
Do the passwords have to split 50/50?

Depends on who is paying for the account. If you're allowing others to share it for free while you pay, okay. If you expect payment and don't receive it, then change the password. It's a well-known secret that Netflix doesn't bother people sharing passwords, as long as someone is paying for the account.

38 posted on 07/11/2016 1:20:37 PM PDT by roadcat
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To: proust

Not enough rules on the books...

...

Not enough to catch the Clintons.


39 posted on 07/11/2016 1:22:11 PM PDT by Moonman62 (Make America Great Again!)
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To: servo1969

Just last month I bumped my Netflix account up to allow 4 simultaneous streams instead of 2. It was an extra $4 per month.
I can now allow my daughter in college to use one of the streams, without privilege collisions.


40 posted on 07/11/2016 1:29:03 PM PDT by BuffaloJack (The reason for Gun Control has always been Government's Fear of Rebellion.)
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