Advice To Twitter Worker Who Deactivated Trump's Account: 'Get A Lawyer' (thehill.com)
An anonymous reader quotes The Hill:
A prominent attorney for cybersecurity issues has this advice to the unnamed Twitter worker said to have pulled the plug on President Trump's Twitter account: "Don't say anything and get a lawyer." Tor Ekeland told The Hill that while the facts of the case are still unclear and the primary law used to prosecute hackers is murky and unevenly applied, there is a reasonable chance the Twitter worker violated the Computer Fraud and Abuse Act...widely considered to be, as Ekeland explained it, "a mess." Various courts around the country have come up with seemingly contradictory rulings on what unauthorized access actually means. Ekeland said the Ninth Circuit, covering the state of California, has itself issued rulings at odds with itself that would have an impact on the Trump Twitter account fiasco as a potential case. The Ninth Circuit ruled that employees do not violate the law if they exceed their workplace computer policies. It has also ruled that employees who have been told they do not have permission to access a system cannot legally access it. Depending on which ruling a court leans on the hardest, a current Twitter employee without permission to shutter accounts may have violated the law by nixing Trump's account.
Ekeland points out that just $5,000 worth of damage could carry a 10-year prison sentence.
Friday the New York Times also reported that the worker responsible wasn't even a Twitter employee, but a hired contractor, adding that "nearly every" major tech company uses contractors for non-technical positions, including Google, Apple, and Facebook.
Ekeland points out that just $5,000 worth of damage could carry a 10-year prison sentence.
Friday the New York Times also reported that the worker responsible wasn't even a Twitter employee, but a hired contractor, adding that "nearly every" major tech company uses contractors for non-technical positions, including Google, Apple, and Facebook.
The greatest legal minds advise that if you have access to a system you can do whatever the fuck you want with it.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Jury Nullification! Cut the head off and the guts out of two people, and be set FREE! because, well, because if the glove don't fit you must acquit! And Forman said a naughty word. Don't forget that!
There are always those to which the end always justifies the means.
U know it.
If they are authorized to disable accounts that violate their Terms of Use, it seems like it is part of their job. If it were anyone else it would be no problem but good forbid Donald Trump get smacked.
Oh he's getting a cigar alrighty.
Clinton style.
As soon as you have to pay a lawyer, you are FUBAR.
Remember how money gets distributed by courts. Lawyers first.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
It's a fucking travesty!
Had this been any other president or political candidate, airlines would be diverting traffic to extradite this guy already.
But hey, if 'cause Trump' finally gets the Computer Fraud and Abuse Act the scrutiny it sorely needs, then I'm all for it.
Maybe H-1B visa from India?
I'd prefer if they let the guy just walk away. He made a fool of himself and achieved nothing, which is punishment enough. And he risked his own skin career-wise for what he believed in (or couldn't control himself about), which is something to respect.
Yeah, if 5000 $ is 10 a they should give him paid vacation for the rest of his life. The value of even just one minute the world is without Trumps Tweets can never be expressed in $! :P
What about the employee who turned it back on? How much damage is that?
"It's perfectly legal to do what that the mad Twitter guy did because he made a Twitter account, that I can easily ignore, disappear for a few minutes and he had da acceessss!!!!. Forget that he damaged Twitter's reputation even more in the process."
"A mad guy disabled systems he had access to, so send him to prison!"
How about this: If you're going to be a malicious moron, expect to be told to get a lawyer.
That guy is going to jail.
And twitter is going to blame him for lots of other stuff too.
scapegoat! under the bus you go.
If they aren't required to know (and obey) the law, why should anybody else be held to that standard?
Larger picture is no one would be able to do their jobs without consulting a lawyer first.
Waste your money on hookers and booze instead.
Here's your defense: Discovery on all the complaints about Donald Trump received.
You'll walk right out with an acquittal.
While these comments are fairly amusing, Trump and Twitter entered into a contractual agreement. This employee violated that agreement. Unless you are an expert in contract law, you can't begin to estimate the potential damage done or even which states rules apply. In fact, just pick a favorable State and sue. While Twitter claims they can terminate services for no reason, Twitter wasn't involved here. Civil suit damages can reach crazy numbers fast, so even if you don't see jail time aka CFAA, you may never make another dime.
Why don't you get back to sucking sand monkey cock, pussy.
I think the worker could pretty easily say that he terminated the account for hate speech, and he would WIN in court. Then the tables would be turned, and Twitter would be forced to justify why it has allowed a hate-speech account to violate its terms of service for such a long, long time ...
Assumptions based on what I've read: The contractor's actions appear to have been intentional, applied after termination, done without company directive, and did harm to the business. I think this ticks a lot of the boxes of the Computer Fraud and Abuse Act. While the action was "easily" (I assume) undone without loss of data, the negative reactions to the company must have a bottom line calculation. Hell, if Twitter doesn't sue the contractor then it can be viewed as condoning the act, and Twitter's public shareholders likely have a class-action suit ready-made for lack of effort regarding their fiduciary responsibility, since being publicly traded comes with a responsibility to act in the best interests of their shareholders, and a multi-billion dollar company is a juicy target.
If this happened to a regular user instead of the President of the United States, what would be the recourse? I doubt there is one. I see conservative accounts banned all day every day - is this official policy or are the inmates running the asylum?
Give an example of "hate speech" that trump posted.
https://support.twitter.com/ar...
We believe in freedom of expression and open dialogue, but that means little as an underlying philosophy if voices are silenced because people are afraid to speak up. In order to ensure that people feel safe expressing diverse opinions and beliefs, we prohibit behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to silence another user’s voice.
the negative reactions to the company must have a bottom line calculation.
I don't care who this happened to; Trump, Omaha, some unknown janitor - it's hugely damaging to find out someone in such a low level position can so easily mess with an account without authorization from the holder.
We all know that support personnel have to be able to manage accounts to do their jobs, but remember they also always ask you questions as well related to the account that one presumes are also to give the system enough confidence the person is working on behalf of the account holder to make changes - especially in the case of something as extreme as account deletion of a verified account.
After this there are huge questions of trust in Twitter to disallow capricious change, that very much affect their worth as a company. Is every low level employee with a grudge against some high level Twitter user going to be able to execute account deletions going forward? That is why you are probably going to see very public action against the employee.
On a side note, trust is also a big issue for the employee who did this - how could any company hire them for a position of trust again? And these days, working with any computer system is pretty much a position of trust because of how fragile internal systems usually are.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
agreed; but only if the person was still *employed* at the time they did it. but i also suspect that twitter workers and contractors are under explicit instructions to *not* take action against certain 'high profile' accounts, regardless of content. so, probably more "insubordination" (and grounds for termination of employment) and not "illegal".
The only reason Twitter didn't delete the account years ago is that the company is desperate to turn a profit ...
I find it amusing that "A prominent attorney for cybersecurity issues," is named Tor. Great name for it!
load "linux",8,1
Have you even read most of the responses to ANY Trump tweet? Yea...I don't think anyone is afraid to speak up against Trump.
Who has standing to bring suit under the Computer Fraud and Abuse Act? IANAL, but it would seem to me that only Twitter was 'harmed' here, and could bring legal action. Trump doesn't own his twitter handle. Random joe user who reads Trump's tweets definitely doesn't own anything here. I think it's highly unlikely, given Twitter's executive-level dislike of Trump, that they will throw the book at this already ex employee. They're just gonna beef up internal controls and tell everyone that deactivating accounts without cause is a fireable offense.
Google it yourself. Lots of examples
You must be slow. Nearly EVERYONE is speaking up against Trump.
I'll also note that you switched your claim from Trump is perpetuating hatespeech to trump is an online bully (after it was pointed out your hatespeech claim was fairly imbecilic).
Get over yourself. You don't like the president but a lot of people do. Stop letting it cloud your judgement or you'll continue looking like a fool.
I don't think this employee was in the position to make this decision or take action after he was no longer employed by Twitter if the story's facts are to be believed.
Regardless of Twitter's TOS, they may not be able to just terminate a contract without cause. State and Federal override whatever silly rules you have written.
So, none then. Thanks for coming out.
Tech companies hire contractors,
"Hacking Laws" are a mess, and
A lawyer offered up the unsolicited advice that the contractor that may have violate a "messy" law should secure the services of a lawyer.
Wow, that Is "News for Nerds" - who knew any of the above?
Ken
Seeing as how the experts canâ(TM)t figure out if it is a crime and the victim is the idiot a very large village had to try very hard to send away the most appropriate punishment is to throw he book at him.
By which I mean the biggest book Donald Trump can personally read and explain correctly. So basically pelt this guy with some Seuss and letâ(TM)s be done with it.
Regardless of Twitter's TOS, they may not be able to just terminate a contract without cause. State and Federal override whatever silly rules you have written.
The ability to terminate at will, along with bottom-line savings of benefits costs, are the two main reasons companies hire contractors over full-time employees.
What law says you can't terminate a contractor at-will, any time for any legal reason - you can't fire them for being a member of a protected class, but that's about it.
Ken
Then why not provide an example?
"I could stand in the middle of fifth avenue and shoot someone, and people would still vote for me."
Maybe not "hate" speech, but certainly "contempt" speech. Contempt for his loyal supporters. Contempt for you.
And yet, you still voted him to the White House. So you're basically all a bunch of fucking morons, and Trump himself agrees with me.
You all acted like a bunch of frustrated 14 year olds hitting a 7/11 just to get back at their parents.
Yeah, you got your voice heard. You pissed off a bunch of liberals, and you're all happy and giddy now. But at what cost. You just made everybody's life very complicated and miserable, yours more than anyone else's.
I bet you're all proud of yourselves. You're too stupid not to be.
Friday the New York Times also reported that the worker responsible wasn't even a Twitter employee, but a hired contractor, adding that "nearly every" major tech company uses contractors for non-technical positions, including Google, Apple, and Facebook.
Thank you Captain Obvious! YES, major tech companies hire contractors for non-technical positions, and you know what, they've even been known to hire consultants for technical positions too! (Ever heard the term H1-B visa?)
Ken
Trump Violates it, so you could argue he was enforcing the policy stopping people whom are in conflict. Twitter Rules
Making fun of a TV personality's facelift, for example.
Also, you probably found it cute, but retweeting a GIF of himself bodyslamming a news network is pretty terrifying.
The terms of service exist to protect the company by constraining its users. Twitter is under no obligation to enforce these rules, consistently or at all.
https://twitter.com/realdonald...
make an effort to make a splashy exit the last day at work.
If the Fastest Delete Key In The West here had been working for Microsoft or Amazon and deleted a bunch of high profile clients' cloud accounts on his last day, he'd want a lawyer just the same. The fact that he only did it to one user and didn't cost anyone any real productivity is probably the one good thing he's got going for him.
There is NO SUCH THING as HATE SPEECH, there is only SPEECH.
I'm sure that I and many others would adhere to our fiduciary duty to our shareholders to protect the interests of our companies by never, ever hiring this criminal.
If the employee did this after employment ended, we would have a problem. But you see, this employee was granted access to Twitter's systems freely by his/her supervisors. While the act was pretty childish and silly, it fails to meet the requirements of being a criminal act. Let it go, move on, geeze. No quantifiable damage was caused.
It's just not enough that Trump is a fool, people that don't like him want to prove that they're just as big a fool too.
We must not allow a foolishness gap!
Based on how the term has been most commonly used a definition of "hate speech" would be akin to "speech that I disagree with".
The stickler on this is whether he was following company policy. Remember, they haven't cut off his access yet. It's likely therefore that he has not been given instructions to stop doing his job. Given that he's empowered to terminate accounts we can assume that doing so is within his job description. We also know that Donald Trump has repeatedly pushed the limits of Twitter's terms of service. Unless this person has been instructed otherwise, terminating the account could be entirely legal.
The real loser in this is likely to be the subcontracting company. I suspect that their contract with Twitter requires them to follow a procedure for terminating employees, and that they failed to do so.
I do not block ads. I do block third party scripts.
Give an example of "hate speech" that trump posted.
Well, there was that one about threatening to nuke North Korea... Does that count? https://www.vanityfair.com/new...
I do not block ads. I do block third party scripts.
I think a very strong case could be made that this was an act of sabotage.
Ho-Lee-Fuck you are next level retarded if you think that tweet constitutes hate speech.
Did your teachers at school welcome you every morning by bashing your brains in with a mallet?
You would literally have to have your brains pouring out of your nostrils from sever trauma to consider that tweet "Hate Speech".
Well, there was that one about threatening to nuke North Korea... Does that count? https://www.vanityfair.com/new...
Yeah, I also remember Trump threatening Iran with "massive retaliation" if they attacked Israel and later clarified Iran's aggression against Israel "would provoke a nuclear response from the United States". Hate speech!
And what about that time Trump threatened to "erase North Korea from the map of the world"? So much hate speech!
Oh, wait...
Since when does Twitter have shareholders?
**Life is too short to be serious**
The point of jury nullification is for jurors to judge the ethics of the LAW itself. In other words, regardless of what any judge or prosecutor says, the jury retains the right to acquit a defendant if they think the law itself is unjust or being unjustly applied. Judges and prosecutors routinely lie to jurors to tell them otherwise, but this is a well-established fact in the common law tradition. Bringing up OJ simply confuses the issue.
Details on jury nullification are available at http://fija.org/
I'd just like to point out that hate speech is awesome and a human right.
That is all.
High five mate!!!
Who gets to determine what is hate speech and not hate speech? Why would federal court interpretation of hate speech apply to private companies that don't need to follow the first amendment?
Comment removed based on user account deletion
Why will someone doing this to Trump get a heavier sentence then someone doing it to a bot acccount or a random person? Isn't that fake equality? Fake justice? Will he shove the judge some money for a heavier sentence?
"Hate speech is speech which attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.", you fucking imbecile.
That was not hate speech, no matter how much you want to fucking redefine the term.
It's useless cunts like you declaiming shit like this as 'hate speech' that led to Trump getting fucking elected in the first place. People can see that it's not hate speech, so they immediately distrust anybody claiming it is.
Incidentally even under your pathetic fucking definition that tweet doesn't count. It doesn't attack anybody.
If you disagree with the policy then put some fucking arguments together and state sensible objections to it. Don't just fucking squeal, "HATE SPEECH!!!" and pretend you've won the debate. You've merely killed your own credibility.
The American lawyer frenzy and harsh punishment driven mentality feel really strange to an outsider.
So deactivating Trumps account was probably a stupid thing to do, but c'mon 10 years in prison? Is that really productive?
That was not hate speech, no matter how much you want to fucking redefine the term.
Denying Donald Trump's hate speech is like denying his dishonesty, crudeness and corruption.
No matter how much you blame everybody else for what you won't admit clearly exists, it's still there.
It's useless cunts like you declaiming shit like this as 'hate speech' that led to Trump getting fucking elected in the first place. People can see that it's not hate speech, so they immediately distrust anybody claiming it is.
Nope, they just want to say the same things themselves, and rather quickly convert the criticism into an excuse for themselves. And they're not new, they've been around for quite a while, dog-whistling isn't new, it's been a theme since the early 1800s, and I wouldn't say that even the Revolution was free of it, and to be honest, I'd say it's in Shakespeare, Ancient Rome, Greece, China, and Egypt.
Quite a long story there. Trump isn't new. He's just the latest face on the demon.
Incidentally even under your pathetic fucking definition that tweet doesn't count. It doesn't attack anybody.
Sure, you might not see it from one single tweet, but that's ok, some of us are capable of recognizing the substance of Trump's actions by examining the whole context.
If you disagree with the policy then put some fucking arguments together and state sensible objections to it. Don't just fucking squeal, "HATE SPEECH!!!" and pretend you've won the debate. You've merely killed your own credibility.
That already happened, the arguments against Trump's mindless travel ban were manifold, and not just limited to his proclivity for making bigoted statements to express his furious outrage, but you can't ignore them and pretend it doesn't kill your own credibility. I mean really, the responses to that tweet list them in detail. The hate speech problem is just one of Trump's particular failings that applies here. It's one of the many flaws, but not the only one. For example, the haphazard implementation, the lack of clear reasoning, the exclusion of certain favored entities, it is all up there.
The real problem, is people like you, not realizing that Trump's attempts to cloak his actions in a veil of legitimacy don't make them any better, but that Trump's reckless disregard for not covering his actions with a layer of mud does make them far worse.
he didnt redefine the term, that IS THE DEFINITION you twat
There is NO SUCH THING as PILLOW TALK, there is only TALK.
Progressives really like "hate speech" laws. It makes it easier to censor people, you know, just like what is happening in Europe.
Om, nomnomnom...
Is the more interesting tidbit to me. So even the big guys don't want to be responsible for employees? Disgusting. Their squawking about visas has nothing to do with values. They are the most unethical and disengenuous organizations on the planet, and I find it more and more difficult to support them, all of them.
Does anyone here really think the ninth circus will do anything to this former twitter employee? The ninth is no friend of this administration.
...having to work in the Out House with Trump for the next three plus years.
He was tasked with shutting down divisive and hate speech, it just happened to be the POTUS account.
As a big Trump supporter, I find this story to be amusing, This act was certainly closer to a Halloween prank than to an assault on national security. I think that Mr Trump would also see the humor - although now that we have all had our laughs, I think Twitter needs to make sure it doesn't happen again.
Progressives really like "hate speech" laws. It makes it easier to censor people, you know, just like what is happening in Europe.
Europeans have good reasons to see hate speech differently than we do in America. If Adolph Hitler had been muzzled early on millions of lives would have been saved.
I do not block ads. I do block third party scripts.
If Adolph Hitler had been muzzled early on millions of lives would have been saved.
I doubt it. People don't stop thinking what they're going to think just because it's illegal to speak or write it. Hitler was in fact imprisoned for a failed coup attempt before he was finally successful, just like others who have ultimately seized power in the past. For example, Fidel Castro in Cuba and Vladimir Lenin in Russia. Do you honestly believe that these people would have been permanently thwarted by hate speech laws and given up? Can you imagine Castro or Lenin saying, "Oh well, that's illegal to say so I guess I'll give up now, they got me." Censorship is essentially an attempt by authorities to ignore reality. It might be effective in the short run, but in the long run it's going to fail. It's happened before and it will happen again.
Really? You're not as important as the President. When did you realize? Or do you still think you are and are complaining that your aren't being treated with due reverence?
You mean like every news organisation, anywhere, ever.
You people complain about every news organization except fox, and think they are great instead. But you can't even figure out why you think that.
That was not hate speech, no matter how much you want to fucking redefine the term.
That is the actual definition of hate speech. Are you really that illiterate?
Yeah bloody Europe with the higher standards of living. We don't want any of that here....
By your alleged definition, any critique of a population group, religion or nationality is hate speech.
Fuck that and fuck you. Sign me up for the hate speech bus because if telling cunts like you that you're cunts is hate speech then I'm right on board.
Those laws are not used to censor.
They can, however, if someone is found guilty of breaking them by a jury of their peers, remind people that they are responsible for the consequences of their speech, and remind them not to call on people to kill other people on the basis of their race/gender/sexuality/other intrinsic characteristic.
It's the modern equivalent of having to keep a civil tongue in your head lest you find yourself holding a duelling pistol or rapier.
Fair enough. Sign up for whatever you want, but don't pretend something is not hate speech only because you agree with it.
Private contracts (like that between Twitter and its users) are free to use whatever language they like, including creating categories that don't (or shouldn't, in your opinion) exist in criminal law.
Europeans have good reasons to see hate speech differently than we do in America. If Adolph Hitler had been muzzled early on millions of lives would have been saved.
Really? You mean the fact that the winners of WWI basically pissing on Germany had nothing to do with it? Or are you trying to say that if you censor views and ignore the issues they bring up you're making society better. I mean it's sure working well in the UK isn't it. Where the 13yr old rape victim was arrested and charged with hate speech because she called the muslim who raped her a bad name. Or the councils and government dry washing their hands for fear of being labeled 'racist' with all those "asian grooming gangs" and threatening people who want them charged and arrested.
Yep...that's not going to backfire at all...not a single bit..
Om, nomnomnom...
Those laws are not used to censor.
Tell that to the people who've been charged with hate speech after being raped because she called her rapist a bad name. What didn't hear about that one? How about where thousands of girls were raped and used as sex slaves, but the police didn't do anything for fear of being labeled racist and even went as far as to threaten the families with prosecution if they said anything.
Om, nomnomnom...
Yeah bloody Europe with the higher standards of living. We don't want any of that here....
Depends on what you define as "higher standards of living." If higher standards mean the police will charge you with hate speech after being raped, yes we sure don't want that here. If higher standards mean being threatened by police for not wanting illegals who refuse to immigrate into society turning your area into a ghetto? Nope don't want those 'higher standards of living' either.
Om, nomnomnom...
Yeah bloody Europe with the higher standards of living. We don't want any of that here....
Depends on what you define as "higher standards of living."
We don't have to guess at this. People smarter than us have already done the hard work https://www.mercer.com/newsroo...
13 year olds cant be charged with that sort of thing. You're obviously making shit up again.