Courts: Defacing Facebook And Physical Property Are The Same Thing

[HardOCP News]

What do you guys think? Is defacing a Facebook page the same as vandalizing physical property?

Interestingly, the man wasn't charged with any kind of cybercrime, but under the Criminal Damage Act, which is usually the case when physical property is involved. In the US, the equivalent charge would be something along the lines of vandalism, and only time will tell whether this sets any future precedent or remains an isolated judgment.

 

[MrGuvernment]

i dont see why not? to me it is the same, you are damaging someone else's digital property, even though people do not own their facebook page?

 

[JimmayLong]

In my opinion vandalizing should apply to both. The damage calculating should be interesting to see how it is determine since they could have greater impact in the digital space depends on how one vandalizes it.

 

[DocFaustus]

That article was missing a lot of info. If I read it correctly, he assumed her identity and then created a malicious post. That doesn't sound like vandalism to me. It sounds different, it sounds like identity theft, or some sort of improper access. The second part really has to do with what the content of the malicious post was. Both seem like they would be more severe than just simply vandalism

Disclaimer: I am not from Ireland, I am only putting my US interpretation to it.

 

[Kelby]

Isn't that just considered libel and not vandalism?

 

[TwistedAegis]

Hmm, I think that's a more sane response than terrorism or computer hacking.

 

[SRTie4k]

i dont see why not? to me it is the same, you are damaging someone else's digital property, even though people do not own their facebook page?

The catch is that you, as a Facebook user, does not own the content you post on Facebook...Facebook does.

I don't think this will pan out.

 

[Odnocer]

(b) Unauthorized access to a computer system. (1) A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that s/he is not authorized to do so, s/he accesses or causes to be accessed any computer system without authorization.

(e) Misuse of computer system information. A person is guilty of the computer crime of misuse of computer system information when: (1) As a result of his/her accessing or causing to be accessed a computer system, s/he intentionally makes or causes to be made an unauthorized display, use, disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system; or (2) s/he intentionally or recklessly and without authorization (A) alters, deletes, tampers with, damages, destroys or takes data intended for use by a computer system, whether residing within or external to a computer system, or (B) intercepts or adds data to data residing within a computer system; or (3) s/he knowingly receives or retains data obtained in violation of subdivision (1) or (2) of this subsection; or (4) s/he uses or discloses any data s/he knows or believes was obtained in violation of subdivision (1) or (2) of this subsection.

 

[sfsuphysics]

Sounds like another argument similar to copying and theft.

You "vandalize" someone's electronic page and a quick few key strokes and the back up you have makes it identical to what it was. Someone spray paints your house or busts a window, then you need to remove paint, buy new glass, etc.

If anything I would say it'd be similar to calling it vandalism if you spit on a brick wall.

 

[MrGoodbar]

This is probably a cry from people who leave their facebook pages signed in at an apple store and people put questionable comments on it.

#hackedfacebook #lololz #yougotfacebookhackedfromleavingyouraccountsignedinattheapplestoreandihackedithahahahhahahaetcetchashtagfun

 

[lcpiper]

I think it's the same and the award of damages is similarly calculated. If it takes you personnaly an hour of your time to fix the issue then the cost is what you make an hour at your current job. If it requires professionals to fix then the costs are calculated as such. This is no different then if they spray painted a wall and you have to pay someone to repaint. It's simple. This is of course on top of any criminal charges such as those Odnocer correctly referenced. Of course that was US law and not Irish Law. No beer in US law.

 

[lcpiper]

Actually the guy didn't hack anything, he just used his ex GF's phone to hit her Facebook page and posted a status update that was not very flattering I believe. But this still would qualify in the US as a cyber crime, it is unauthorized access if it it didn't require any special skillz to pull off.