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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.

17 of 271 comments (clear)

  1. Hate Crime if it had happened 2 Obama by Anonymous Coward · · Score: 0, Insightful

    U know it.

    1. Re:Hate Crime if it had happened 2 Obama by ClickOnThis · · Score: 4, Insightful

      U know it.

      No, I doubt it.

      IANAL, but it is widely understood that the prosecution carries the burden of proof. In this case, the prosecution would need to prove that hate was a motivating factor in the crime, in order for it to be characterized as a hate crime. Deactivating Obama's Twitter account just because you don't like his politics would not qualify.

      --
      If it weren't for deadlines, nothing would be late.
    2. Re:Hate Crime if it had happened 2 Obama by Anonymous Coward · · Score: 1, Insightful

      Remember forks censorship is ok when the left does it.

    3. Re:Hate Crime if it had happened 2 Obama by Anonymous Coward · · Score: 2, Insightful

      He destroys freedom of the press by destroying all credibility everywhere.

      The press and media have been working for years to destroy their own credibility.

    4. Re: Hate Crime if it had happened 2 Obama by Troy+Roberts · · Score: 5, Insightful

      If you want to make it unprofitable for undocumented foreigners, then the government should prosecute the employers that hire them.

      However, that won't happen, because the Republicans don't really want to change anything. They just want to use the issue politically.

    5. Re:Hate Crime if it had happened 2 Obama by Anonymous Coward · · Score: 0, Insightful

      No, you're just a racist.

      Sorry, you might think you're advancing logical arguments, but no, if that's the case you're just a delusional racist.

      More likely, you're just a racist hiding behind the usual dog whistle talking points.

      But either way, you're just a racist.

    6. Re:Hate Crime if it had happened 2 Obama by Powercntrl · · Score: 5, Insightful

      Remember forks censorship is ok when the left does it.

      This wasn't "the left". It was a lone wolf performing an act of digital vandalism, and he'll face the consequences of his actions.

      That being said, it might benefit his approval rating if Trump spent less time incessantly whining on Twitter about sensationalized issues du jour, and more time learning how to suck less at being president. He could start by reading the Constitution.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
  2. Part of Job Description by Herkum01 · · Score: 4, Insightful

    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.

    1. Re:Part of Job Description by Anonymous Coward · · Score: 2, Insightful

      Anyone else is not the president of the US. Also - there was no authorization to disable his account. So - the perp was violating company policy.

      Likely nothing much will happen. But if you're Twitter the company, you have to be thinking that having the Feds crawl up your rectum looking for anything to charge you with has got to be a problem.

      Because a $4 trillion federal bureaucracy can do a lot of damage to an individual or a company it doesn't like.

    2. Re:Part of Job Description by quonset · · Score: 4, Insightful

      Their job is to disable accounts when told to do so. Not whenever they feel like it. Not when they don't like what someone is saying. Not because they feel like it.

      This is no different than an admin leaving or being fired and botching the system before they walk out.

  3. Fucked by HornWumpus · · Score: 4, Insightful

    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'
  4. A mess? by Anonymous Coward · · Score: 5, Insightful

    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.

  5. Re:Without knowing any laws... by HornWumpus · · Score: 2, Insightful

    Impulsive pointless vandalism is something to respect?

    No. He fucked himself sideways.

    What's his name? He should be _radioactive_ in the job market. Risked? It's gone, over. He's going to be selling speakers out of a van. Staying out of jail? Most likely, but not until a google search of his name is forever toxic.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  6. yes, please see a lawyer immediately by Anonymous Coward · · Score: 3, Insightful

    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.

  7. No way he can claim this was accidental by thrillseeker · · Score: 5, Insightful

    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.

  8. Punishment to fit the crime by Austerity+Empowers · · Score: 2, Insightful

    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.

  9. Re:Account terminated for violating terms of servi by bongey · · Score: 3, Insightful

    There is NO SUCH THING as HATE SPEECH, there is only SPEECH.