I ran our discussion the other day past a friend at, um, a Governmental
Office that pays a lot of attention to legal issues and is keenly aware the
Net is creating totally new issues. (Sorry, it's no biggy, I just couldn't
post what they said if I said which office) Most of the codes currently
written involve regard "knowingly accesses a computer, computer network, or
computer system without the effective consent of the owner", but on the
topic of online theft this was a quick reply, not at ALL an official
opinion, just one persons quick thoughts on the matter, I thought I would
send it along:
>
"Theft" under the penal code is specific to tangible and intangible personal
property. Intangible personal property is specifically defined as something
like a certificate of deposit or stock shares. Crimes against intellectual
property are like violation of copyright or theft of trade secrets. Except
in the tax code, in which "intangible personal property" means "a claim,
interest (other than an interest in tangible property), right, or other
thing that has value but cannot be seen, felt, weighed, measured, or
otherwi1se perceived by the senses, although its existence may be evidenced
by a document." It is really, really difficult to get damages for
Intentional infliction of emotional distress. Really, really hard. Really
outrageous stuff has been found not to meet the standard.
>
Heh, once looooong ago, back in the days when you could find things in a
Search Engine search, I got an email asking me to define "spam", I think my
definition at the time included things like what are going to be attached to
the bottom of this post :o) At any rate, these folks really makes sure to
keep smart about this kind of stuff, so who knows, maybe youse guys started
something with that discussion. :o) As for legal recourse against Wizard
Kill Stealers anytime soon, well, there is still Charm...
Tszaaz