Kidshare.net violated a number of federal statutes due to unauthorized access to the computer network of another party leading to exposure of critical details. For example, the social networking site committed hacking, piracy and identity theft. Therefore, John can pursue the California Identity Theft Statute, the Federal Computer Fraud and Abuse Act, and the Company Policies and Procedures as legal actions intended to curtail unauthorized access and use of data without the consent of the owner. Hence, John has the reason to subject Kidshare.net to criminal prosecution with reference to federal and/or state laws.
The Kidshare.net committed hacking as one of the prohibited computer crimes since it gained access of Erin’s computer system without notifying the latter (HG.org., 2018). The intrusion facilitated the introduction of malicious viruses to enhance interference with the computer network to steal internet passwords, and personal details of other Erin’s classmates. Again, the Kidshare.net committed piracy offence whereby it circulated the personal data obtained to third parties for to obtain illegal profits in contrast to the recommendations of the law. Finally, identity theft is another offence that the Kidshare.net committed with respect to disclosure of social security numbers and home addresses of the learners (HG.org., 2018).. This offence is sometimes related to email phishing in other contexts whereby the personal information of individuals is secretly obtained in copycat websites.
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Therefore, through the California Identity Theft Statute, John can sue the social networking site since it did not notify Erin about the breach of personal information. Additionally, the Federal Computer Fraud and Abuse Act can help John regarding the theft of computer data (Reuters, 2018). This act prohibits theft of any personal information through piracy and hacking activities on an online basis. It further prohibits unauthorized access and trafficking in computer passwords with the aim of obtaining private information by third parties. Finally, the company policies and procedures is a vital statute as regards the clear procedures on how computer data can be obtained in specific circumstances. This further involves the acquisition of computer data by third parties through their official websites rather than illegally getting access to the same (Reuters, 2018). Hence, the Kidshare.net could suffer massive consequences including but not limited to fines of up to $15, 000 for the felony of accessing and circulating personal data of others illegally in the computer system. Imprisonment of up to 5 years is another possible consequence of the responsible individual operating the Kidshare.net’s website.
References
HG.org. (2018). Computer Crime Law. HG.org. Leal Resources. Retrieved 28/7/2018 from https://www.hg.org/computer-crime.html
Reuters, T. (2018). The Law Protects The "Unauthorized" Access To Computer Data: How You Can Shape The Law While At The Same Time Protecting Your Data. FindLaw for Legal Professionals. Retrieved 28/7/2018 from https://corporate.findlaw.com/law-library/the-law-protects-the-unauthorized-access-to-computer-data-how.html
