DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Cheng v. Romo and Applying Unauthorized Access Statutes to Use of Shared Passwords

Posted on December 10, 2012 by Dissent

Orin Kerr writes:

The federal computer crime statutes punish unauthorized access to a computer. As regular readers know, courts are hopelessly divided on what this language means, and in particular what makes an access to a computer authorized versus unauthorized. In Cheng v. Romo, 2012 WL 6021369 (D. Mass. Nov. 28 2012), Judge Casper authored an opinion on an interesting wrinkle that I’ve pondered but that hasn’t come up before in published decisions: How do computer crime statutes apply when one party gives his password to another party for some limited uses, but the latter party uses the password for broader uses? Is the accessing with the password but beyond the implicit or explicit limit “unauthorized” for purposes of the computer crime laws?

Read more on The Volokh Conspiracy


Related:

  • The 4TB time bomb: when EY's cloud went public (and what it taught us)
  • China Amends Cybersecurity Law and Incident Reporting Regime to Address AI and Infrastructure Risks
  • Some lower-tier ransomware gangs have formed a new RaaS alliance -- or have they? (1)
  • Uncovering Qilin attack methods exposed through multiple cases
  • Predatory Sparrow Strikes: Coordinated Cyberattacks Seek to Cripple Iran's Critical Infrastructure
  • Ex-CISA head thinks AI might fix code so fast we won't need security teams
Category: Commentaries and AnalysesFederalLegislation

Post navigation

← IT Security Service Provider Data Defence Hacked
Duchess of Cambridge could sue for privacy breach →

1 thought on “Cheng v. Romo and Applying Unauthorized Access Statutes to Use of Shared Passwords”

  1. IA ENG says:
    December 12, 2012 at 2:40 pm

    Since every organization has a different outlook when it comes to un/authorized data, it has to boil down to several things. The user agreement/Non Disclosure or some other paperwork or acknowldeged statemnt with an autograph should have been in place.

    You can be authorized to do something, but that “authorized” portion has to be better defined. I think a simple statement which adds ” You are no longer authorized to perform duties if you are considering or have a motive /motivation that will negatively affect the safety or well-being of personnel, equipment, reputation, profit or outcome of the business.

    Shared passwords are a bad idea. For audit trails and forensics, its a nightmare to figure out who may have used a commonly shared password. Its alot better to jump through the policy hoop and create everyone a unique account and password. It thwarts coverup.

    Using a two-part password where person A has the first part of an elevated password and person B has the second part is doomed for failure. Laziness can take over and one person will give their half of the password for the easy way out. Trust in the system and policies are then flushed.

    Some one thats brought to trial on a computer charge needs to be approached as if it was a life and death matter. That degree of articulation is whats needed to ensure the evidence is presented right. For the people who don’t quite understand a typical routine, phrase or procedure, there should be an unbiased third party consultant who can give an answer to a few select questions about the technology – no what if’s – simple facts and proven theories. they are there to educate the courts on items that are unclear to the best of their ability.

    How do you identify a negatively motivated person? Its typically “not my job” to point a finger at everyone thats having a bad day at the office. Those people who plan to do harm to a business are over the edge already – they are typically not going to listen to logic, or be able to disqualify themselves from becoming an authorized person to an unathorized person.

    I’ll mention profiling people, but thats not a companies job as well. The IT department can use proxy servers and content filtering devices while a person is at work, but they have NO idea what may go on while a person is at home. Invasion of privacy is semi-sacred. For some reason if a person WAS to do things at work that were unethical and qustionable, the only way it could be determined if it was, is to have a content filtering device that could rank the visits of sites. Thats the non-personal side of the ring.

    The only saving grace is to trumpet out loud and clear that the company has an representative that has an open door policy and is there simply to listen to gripes. These gripes can be “confidential” up to a point. If the law has already been broken, it has to be reported. These ventings can save careers and stop those “oh man that was a stupid idea” – saving companies, and individual careers. The ventings can identify issues that are not seen by management and other coworkers, and policies can be put in place to correct or modify most issues.

    Dunno what else to add other than, you have to link authorized/unauthorized to motive. Good Luck.

Comments are closed.

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.