Hovkial wrote:
Lawyer: One is justified in accessing information in computer files without securing authorization from the computer’s owner only if the computer is typically used in the operation of a business. If, in addition, there exist reasonable grounds for believing that such a computer contains data usable as evidence in a legal proceeding against the computer’s owner, then accessing the data in those computer files without the owner’s authorization is justified.
The principles stated by the lawyer most strongly support which one of the following judgments?
(A) Rey gave his friend Sunok a key to the store where he worked and asked her to use the store owners’ computer to look up their friend Jim’s phone number, which Rey kept on the computer. Because Sunok had Rey’s permission, her action was justified.
(B) Police department investigators accessed the electronic accounting files of the central computer owned by a consulting firm that was on trial for fraudulent business practices without seeking permission from the firm’s owners. Contrary to the investigators’ reasonable beliefs, however, the files ultimately provided no evidence of wrongdoing. Nevertheless, the investigators’ action was justified.
(C) A police officer accessed, without Natalie’s permission, files on the computer that Natalie owned and used exclusively in the operation of her small business. Since the police officer’s search of the files on Natalie’s computer produced no evidence usable in any legal proceeding against Natalie, the police officer’s action was clearly not justified.
(D) Customs officials examined all of the files stored on a laptop computer confiscated from an importer whom they suspected of smuggling. Because there were reasonable grounds for believing that the computer had typically been used in the operation of the importer’s legitimate business, the customs officials’ action was justified.
(E) Against the company owner’s wishes, a police officer accessed some of the files on one of the company’s computers. Although the computer was typically used in the operation of the company’s business, the particular files accessed by the police officer were personal letters written by one of the company’s employees. Thus, the police officer’s unauthorized use of the computer was not justified.
Accessing info from a computer without authorisation of owner is justified:
1. Only if the computer is typically used in the operation of a business
2. There exist reasonable grounds for believing that such a computer contains data usable as evidence in a legal proceeding against the computer’s owner
So to access without authorisation, it is NECESSARY that the computer should be typically used in the operation of business and there should be reasonable grounds to believe that the computer could provide evidence in legal proceedings against the owner.
This principle is applied effectively is which of the following cases?
(A) Rey gave his friend Sunok a key to the store where he worked and asked her to use the store owners’ computer to look up their friend Jim’s phone number, which Rey kept on the computer. Because Sunok had Rey’s permission, her action was justified.
Irrelevant. This is related to personal data retrieval and has nothing to do with evidence in a legal proceeding.
(B) Police department investigators accessed the electronic accounting files of the central computer owned by a consulting firm that was on trial for fraudulent business practices without seeking permission from the firm’s owners. Contrary to the investigators’ reasonable beliefs, however, the files ultimately provided no evidence of wrongdoing. Nevertheless, the investigators’ action was justified.
The Police accessed the central computer of a consulting firm. So we know that the computer was used for business. Also, the firm was on trial for fraudulent business and the Police had reasonable belief that the files would provide evidence of fraud. Hence, accessing the computer was justified as per our principle.
Finally, whether the files did provide evidence or not is irrelevant. The point is that our principle was correctly used in this situation.
(C) A police officer accessed, without Natalie’s permission, files on the computer that Natalie owned and used exclusively in the operation of her small business. Since the police officer’s search of the files on Natalie’s computer produced no evidence usable in any legal proceeding against Natalie, the police officer’s action was clearly not justified.
We know that if the computer is mostly for personal use, then unauthorised access is not ok. But a computer used for business could be accessed in certain cases such as when there is reasonable grounds to believe that it will provide evidence in a legal proceeding against the owner. Whether the police actually found evidence or not does not say whether the action of accessing the computer was justified or not.
(D) Customs officials examined all of the files stored on a laptop computer confiscated from an importer whom they suspected of smuggling. Because there were reasonable grounds for believing that the computer had typically been used in the operation of the importer’s legitimate business, the customs officials’ action was justified.
This is a problem: ... because there were reasonable grounds for believing that the computer had typically been used in the operation of the importer’s legitimate business... Reasonable grounds is not enough. It is necessary that the computer should have been used for business. The reasonable grounds should be present for the belief that it will provide evidence.
Hence this option is incorrect.
(E) Against the company owner’s wishes, a police officer accessed some of the files on one of the company’s computers. Although the computer was typically used in the operation of the company’s business, the particular files accessed by the police officer were personal letters written by one of the company’s employees. Thus, the police officer’s unauthorized use of the computer was not justified.
The computer was a company computer so the necessary condition is met. We don't know whether there were reasonable grounds to believe that the letters could provide evidence.
So we cannot say whether the access was justified or not.
Answer (B)