Remix.run Logo
shakna 3 hours ago

> There are no negligent or stochastic hacking laws

I'm sure that Andrew Auernheimer would be pleased to hear that. [0] For accessing a publicly accessible endpoint, that was completely undefended and didn't actually require "hacking", he was convicted of "exceeding authorised access".

You _don't_ have to show intent under the Computer Fraud and Abuse Act, for the first count.

> knowingly accesses a computer without authorization or exceeds authorized access [1]

"Knowingly", not "intentionally", as in the other counts.

You only have to show that:

a) They trained a system to access without authorization (hacking)

b) The system that was trained exceeded authorized access

As responsibility falls to the operator with automated systems, the company becomes liable.

[0] https://techcrunch.com/2013/01/21/ipad-hack-statement-of-res...

[1] https://www.energy.gov/sites/prod/files/cioprod/documents/Co...