Internet Law 2002 (St. John's) > Worm with a EULA |
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Rotisserie Question
A new email worm making the rounds offers recipients a "virtual postcard" from FriendGreetings. If a user clicks a link in this email message, the user is prompted to install software to view the card. The software comes with a long End-User License Agreement (EULA), which includes the following paragraph: "1. Consent to E-Mail Your Contacts. As part of the installation process,
Users may click "Back", "Yes", or "No". If a user clicks "Yes", the software installation continues, sending the same FriendGreetings email to everyone on that user's Contacts list. Other parts of the EULA give Permissioned Media the right to send ads to the user's computer and to update its installed software at any time. See http://www.sarc.com/avcenter/venc/data/friendgreetings.html for further details. This software thus spreads like a worm or virus, but every infected user has putatively "accepted" the EULA. Do you see any violation of the Computer Fraud and Abuse Act here? |
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The Computer Fraud and Abuse Act states, in part:
Whoever
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--
(A) information contained in a financial More...
The courts may find a violation of the Computer Fraud and Abuse Act here, depending on the actual visual used to display the EULA. If it is small, hard to More...
The main problem in finding a violating of the Computer Fraud and Abuse Act under 18 U.S.C. 1030(a)(1)-(4)lies in the requirement of unauthorized access, or access exceeding that which was More...
The Computer Fraud and Abuse Act, 18 USC Section 1030(a)(5)covers any user who
(5) Intentionally accesses a Federal interest computer without authorization, and by means of one or more instances More...
There is no violation of the Computer Fraud and Abuse Act. This program is accessing your computer but it is doing so with the user's authorization. The requirements under the More...
There is a violation of the Computer Fraud and Abuse Act in this problem involving a worm with a EULA. Namely, this software violates Section 1030(a)(5)(A) which states a violator More...
After Reviewing 18 U.S.C. 1030, I dont see any violation on the part of the virtual card company. The statute requires the act be done w/o authorization or through fraud More...
1030(a)(2) is designed to insure that it is punishable to misuse computers to obtain government information and, where appropriate, information held by the private sector. As the Senate Judiciary Committee More...
There seems to be a violation of the Computer Fraud and Abuse Act. There are two sections of the act which seem to have been violated. The first and more More...
The problem here is that the end result is one which essentially allows one person to consent for a group of people. Each one of these persons had no say More...
Yes, there is a violation of the Computer Fraud and Abuse Act. FriendGreeting is exceeding authorized access of computers in violation of 1030. It is likely that most users accepting More...
At first glance, it doesn’t seem that this violates the Computer Fraud and Abuse Act because the Act states that it covers “protected” computers. Under the Act, a “protected” computer More...
I think that if the user accepts the End-User License Agreement there cannot be a violation of the Computer Fraud Abuse Act. Even if the user has not fully read More...
The actions of "virtual postcard" software are a violation of 18 USC 1030(a)(4). Under subsection (e)(2)(B), a computer is a protected computer when used in interstate commerce or communications. Clearly More...
Unfortunately, it is my opinion that EULA does not violate the Computer Fraud and Abuse Act. I understood 18 U.S.C. 1030 as applicable only to the computer systems of financial More...
18 U.S.C. 1030 (Fraud and Related Activity in Connection with Computers) (CFA Act) might be violated depending on the interpretation of "exceeding authorized access.
First, FriendGreetings (FG) might be exceeding More...
This is similar to the situation that arose in U.S. v. Morris, however it is different in several ways. First, the consent requirement for access to the e-mail list is More...