If there's a bug in the server and someone exploits it to gain unauthorized access -- even if the user has been warned via terms of service that doing this is unauthorized -- then by your interpretation this shouldn't be considered unauthorized access. Power was explicitly warned their behavior was unauthorized, had their IP banned, and Power implicitly acknowledged this ban by changing their IP.
>Ultimately, Facebook still controls access to its servers; it just hasn't figured out a good policy for denying certain requests.
Not having a lock on your door does not give everyone permission to walk into your home.
That's actually something that varies by state. Some states are more permissive than others when it comes to being in places where you don't have an affirmative legal right to be present, as might be indicated by a lease or ownership document.
At one extreme, you have Scandinavian-style allmansratten, wherein the right to wander is firmly entrenched in the culture, and trespassing requires an obvious, posted, and defended boundary. If your door has no lock, that is an implicit invitation for any wanderers to enter, also under the implicit condition that they comport themselves appropriately as your guests, even if you are not actually there.
At the other extreme, you have military bases, where you must show identification and your invitation at fixed points of entry, and you might get shot without warning if you are in an area that you have not been specifically authorized to be in.
So there are actually states in the U.S. where you can enter an unlocked home during daylight hours, sit on the couch and read a magazine, make awkward small talk, then leave before sundown, and no crime has occurred. And then there are other states where the homeowner or leaseholder could shoot you as you did that, without saying a word, and not commit a crime.
But I know of no jurisdiction where a trespass warning, where the visitor is specifically told to leave and not return, does not trump all of that. If you have been ejected from someone's property, and return to it at a later date, you are trespassing, period. It does not matter if you have disguised yourself such that you are not recognizable to anyone else as the same person; you still are that person, and that person is not allowed to be there.
>So there are actually states in the U.S. where you can enter an unlocked home during daylight hours, sit on the couch and read a magazine, make awkward small talk, then leave before sundown
Out of curiosity, which state(s) are these, and (if you happen to know), what laws surround it? Why sundown, for example?
It's from Anglo-American common law. Under common law, "burglary" must occur during the night. Similar behavior during the day is at most "housebreaking". Under common law, there must also be intent to commit a felony within the building in order for "breaking and entering" to be charged as an additional crime.
So if you look in, for instance, New Hampshire Title LXII, Chapter 635, as long as you have no intent to commit a crime, nor any reasonable expectation that you are not allowed within, you can open and enter any unlocked door you find and not be charged with some form of unlawful entry. But it doesn't even take a locked door to stop you. A handwritten note taped to the door, reading "keep out", would be sufficient to trigger unlawful trespass, a lesser crime than burglary/housebreaking.
If you look at Pennsylvania's Title 18, Chapter 35, you can see a wordy example of the boolean expression (( A & B & C ) or ( A & B & ~C ) or ( A & ~B & C ) or ( A & ~B & ~C )), when only the last case is referenced by another section. Could use some refactoring. They also added a special "meth burglary" section.
If you look at California penal code sections 458-464, you can see that shoplifting is considered a lesser form of burglary, where the "breaking" is by deception, and the intended crime valued less than $950, and replaces both the burglary and the theft. In California, you can be charged with burglary of a tent or motor home, whereas the aforementioned states restrict it to fixed buildings.
As far as I know, the distinction between night and day is an artifact of history, from before the era of cheap artificial lighting. But all state laws differ. Where they do not, it is usually because the provisions implementing the common law definitions have not changed. It's usually pretty easy to find the sections of state law dealing with actual crimes against people, property, and peace. And many of them rarely change. One wonders why any state would even need a full-time legislature when most of the truly necessary laws are already written.
If there's a bug in the server and someone exploits it to gain unauthorized access -- even if the user has been warned via terms of service that doing this is unauthorized -- then by your interpretation this shouldn't be considered unauthorized access. Power was explicitly warned their behavior was unauthorized, had their IP banned, and Power implicitly acknowledged this ban by changing their IP.
>Ultimately, Facebook still controls access to its servers; it just hasn't figured out a good policy for denying certain requests.
Not having a lock on your door does not give everyone permission to walk into your home.