Cecily Zamora
There are many ways in which you can break the law unintentionally. For example, simply browsing the dark web out of curiosity could be considered illegal. In addition, your Google searches can get you in trouble with the law, especially if you are on a police watch list. In the US, it is illegal to share passwords, and you could be fined for connecting to a cafe's internet without making a purchase. Furthermore, accessing someone else's email account without their permission is illegal, as is cyberbullying, altering information, and sharing pornographic pictures of children. Breaking traffic laws, such as speeding, driving without a seatbelt, or using a cell phone while driving, are also common ways to unintentionally break the law. It is important to be aware of the laws and regulations in your specific location to avoid unintentionally breaking the law.
| Characteristics | Values |
|---|---|
| Illegally downloading content | Often a copyright violation, which may be punishable by jail time and fines |
| Accessing the dark web | Police are vigilant for identifying and observing dark web users |
| Internet searches linked to a crime | Could get you arrested |
| Accessing someone else's email account | Illegal in the US |
| Cyberbullying | Illegal |
| Sharing passwords | Violation of the US Computer Fraud and Abuse Act |
| Throwing away mail | A felony |
| Public intoxication | Usually a misdemeanor, but state laws vary |
| Speeding | Common occurrence, but can result in a traffic ticket |
| Underage drinking | Mostly forbidden in the US |
| Possession and/or use of marijuana | A criminal act in some states |
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What You'll Learn
Illegal downloads
Illegal downloading, also known as piracy, is when a user downloads a copy of paid content for free without permission from the owner. This includes music, TV shows, movies, audiobooks, ebooks, software, and sports broadcasts. It is a violation of copyright laws, which are designed to protect the rights of creators and owners of original works. Copyright laws give the owner of the work exclusive rights to control the reproduction, distribution, and display of their work.
While streaming paid content for free is often not considered illegal downloading by an individual (as the content has not been downloaded), the site hosting the content would have infringed copyright. However, streaming movies or music for free instead of renting or buying them raises moral questions. Most illegal downloading relies on peer-to-peer (P2P) networks, which allow users to download a file while also uploading the parts of the file they already have, enabling very quick downloads of large files and rapid sharing.
Using P2P networks can introduce security risks. Some files shared on these networks may be labelled as a music album or movie but actually contain malware such as viruses, trojans, and ransomware. This can lead to device malfunctions or the theft of personal data stored on the device. There have been cases of the entertainment industry pursuing individuals for illegal downloading and copyright infringement, which can have serious consequences, including fines, legal action, and even imprisonment in some cases. It can also harm the industries that rely on the sale and distribution of copyrighted material, such as the music and film industries.
It is important to discuss the issues surrounding illegal downloading with children, including the pressure they may receive from peers to use illegal downloading sites and the impact on creators and owners of the content. While it may be tempting to download or stream content for free, it is essential to consider the potential risks and consequences and to respect the work and rights of the content creators.
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Using unsecured WiFi
In the US, there are federal and state laws that address the unauthorised access of wireless networks, and these vary from state to state. Some criminalise the mere unauthorised access of a network, while others require monetary damages for the intentional breach of security features. For example, in New York State, piggybacking is a Class A misdemeanour. There have been numerous examples of people being arrested and charged for using an unsecured WiFi connection without permission. In Florida, a defendant was charged with criminal piggybacking, and in St Petersburg in 2005, a man was arrested and charged with "unauthorised access to a computer network", a third-degree felony.
In Canada, unauthorised access is addressed in the Criminal Code, which states that anyone who "fraudulently and without colour of right" obtains "computer services" from an access point is subject to criminal charges. In Russia, while there is no explicit law forbidding access to another person's network, there is a common judicial practice to qualify these cases as "unauthorised access to information", which is a broadly interpreted concept in Russian law regarding computer crimes. In Singapore, piggybacking is illegal under the Computer Misuse and Cybersecurity Act, and offenders are liable to a fine, imprisonment, or both.
While the laws regarding piggybacking are somewhat ambiguous, it is always best to get the owner's permission before using any wireless connection. It is also important to be aware of the risks associated with using unsecured WiFi networks. Others may be able to see the websites you visit, the information you enter, and your device's MAC address. Using a VPN can help to keep your data secure when using public WiFi, and it is best to avoid accessing or entering sensitive information.
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Accessing someone else's email
In most cases, it is perfectly legal to search anything online. However, browsing the dark web out of curiosity could be problematic, as it is notorious for illegal activities such as white-collar crimes, child pornography, and terrorism. Law enforcement is vigilant in identifying and observing dark web users.
Now, accessing someone else's email account without their permission is illegal. This is considered a violation of the Computer Fraud and Abuse Act (CFAA), which criminalizes unauthorized access to a "protected" computer system. The definition of "protected" is quite broad and includes any internet-connected computer or service. Even if you correctly guess the password, you are still breaking the law. Assuming the identity of the account holder or altering information within the account can be considered malicious intent, which is also against American law.
There may be situations where you are responsible for the personal safety or actions of the account holder, such as with children or employees. In these cases, accessing their email accounts with the intent to ensure their safety or monitor their actions may be permissible. However, it is important to note that this should be done with caution and respect for the individual's privacy.
It is worth mentioning that simply browsing the internet or accessing an unsecured network does not inherently grant permission to access personal files. Even if no files are disturbed or changed, this can still be considered a violation of the law for computer intrusion.
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Cyberbullying
While browsing the internet, it is important to be mindful of situations where you may unintentionally break the law. Cyberbullying is one such area where you could inadvertently find yourself on the wrong side of the law. Cyberbullying is defined as using the internet or mobile technology to harass, intimidate, or harm another person. It can be as simple as friends playing a practical joke on a classmate or coworker by sending annoying text messages or ridiculing them on a website.
The impact of cyberbullying can be just as traumatizing, if not more so, than traditional forms of bullying. This is because it can occur at any time of day or night and the negative content creates a permanent public record, accessible to schools, employers, colleges, and others. As a result, nearly all states have bullying laws, and a growing number specifically address cyberbullying or include electronic harassment provisions. For example, California's "Safe Place to Learn Act" establishes a student's right to a safe and secure learning environment, free from electronic bullying. Using an electronic device to cause someone to fear for their life in California can result in a misdemeanor charge, punishable by up to a year in jail and/or a $1,000 fine.
In Florida, the "Jeffrey Johnston Stand Up for All Students Act" prohibits cyberbullying of any K-12 student or staff member, and directs school districts to draft policies and report instances of bullying. While this law does not include criminal sanctions, schools can suspend or expel students found guilty of cyberbullying. Missouri law defines cyberbullying as including but not limited to "a message, text, sound, or image by means of an electronic device," and school employees must report such instances. An individual who uses social media to bully another person with violent threats may be charged with harassment in Missouri.
It is important to note that even if you are using private browsing settings, your internet searches are never truly private, and law enforcement authorities can access your search history. Therefore, if you or someone you know is involved in cyberbullying, it is crucial to document and report the behavior to the appropriate authorities.
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Public intoxication
In California, public intoxication is considered a misdemeanour crime of disorderly conduct under the California Penal Code. The offence includes being under the influence of intoxicants and being in a condition where the offender is unable to care for their safety or the safety of others. The code also mentions interfering or obstructing the free use of streets, sidewalks or other public ways. California also provides the option of taking an individual meeting the arrest criteria to a sobering facility instead of jail.
In Texas, public intoxication is a class C misdemeanour, punishable by a fine of up to $250. The Texas law against public intoxication was challenged in the 1968 case of Powell v. Texas in the Supreme Court of the United States for violating the Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that criminalising public intoxication was neither cruel nor unusual.
In Ohio, public intoxication can be a minor misdemeanour with a fine of up to $150, and the court may order community service instead. In Colorado, public intoxication is not punished with criminal or civil penalties. Instead, state law prohibits passing local laws that penalise public intoxication but provides for creating patrols to assist intoxicated individuals.
In Canada, drinking in public and public intoxication are offences in British Columbia and Ontario. In Ontario, public drunkenness carries a $65 fine and detainment until the person is sober. In Chile, drinking alcohol in any public place or unlicensed facility is illegal, and penalties include confiscation of the beverage, fines or arrest.
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Frequently asked questions
Your internet searches are never truly private, even if you are incognito. Law enforcement can access your search history and, while your searches will not usually get you in trouble, they may be linked to a crime or potential crime, which could lead to your arrest.
Some common examples of illegal online activity include:
- Using someone else's Wi-Fi without their permission
- Illegally downloading or sharing copyrighted content
- Accessing another person's email account without their permission
- Cyberbullying
- Sharing or distributing child pornography
Some common examples of illegal offline activity include:
- Public intoxication
- Underage drinking
- Speeding or using a cell phone while driving
- Throwing out mail that is not addressed to you
- Spitting on the sidewalk
Ignorance of the law is typically not a valid excuse for breaking it. It is your responsibility to know and understand the laws that apply to you. However, the specific consequences for breaking a law you were unaware of may vary depending on the jurisdiction and the specific circumstances of the case.
