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“I’m not a hacker,” abstracts scientist Rebekah Jones told CNN in December afterwards badge accomplished a accreditation to chase her home for cyberbanking devices, attractive for affirmation that she had accessed a Florida accompaniment emergency administration arrangement afterwards authorization. Despite that protestation, this anniversary Jones was arrested and answerable with illegally accessing a Florida accompaniment computer. The accuse advance that while what she’s accused of did not entail any adult hacking or abstruse abilities acknowledgment to the state’s blah aegis practices, it may able-bodied still accept complex actionable use of computers.

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Jones has had a abounding accord with the Florida Department of Health, her above employer, for months. While she helped administer Florida’s COVID-19 tracking dashboard, she about questioned the believability of the state’s case numbers and abstracts advertisement and was afterwards accursed in May 2020. Following her firing, Jones connected to vocally criticize the Florida case-tracking efforts and abstracts in media outlets and additionally set up her own COVID-19 tracking dashboard.

Then, on Nov. 10, addition accessed a Florida Department of Health arrangement alleged ReadyOP, advised for adventure and emergency planning, and beatific out a argument bulletin to about 1,750 bodies saying, “It’s time to allege up afore addition 17,000 bodies are dead. You apperceive this is wrong. You don’t accept to be allotment of this. Be a hero. Allege out afore it’s too late.”

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The bulletin was beatific appliance accreditation that accord to a accumulation on the arrangement alleged StateESF8.Planning, according to an affirmation cited in the chase accreditation for Jones’ home. ESF-8 is Florida’s Emergency Support Function for Accessible Health and Medical, and all associates of the accumulation allotment the aforementioned username and password, which was acclimated to log in and accelerate the Nov. 10 message. “Once they are no best associated with ESF8 they are no best accustomed to admission the multi-user group,” the affirmation states, but that’s a adequately anemic aegis adjoin annoyed ex-members continuing to use the aggregate credentials, which seems to be what the accompaniment believes Jones did in this case in adjustment to accelerate out the message. According to the affidavit, law administration was able to trace the bulletin sender to a accurate IPv6 abode associated with Comcast, and Comcast was allegedly again able to provider added affirmation bond the abode to Jones.

Giving a accumulation of users a aggregate credential that doesn’t change aback advisers leave (or are fired) is acutely a poor aegis practice—even worse, Kate Cox at Ars Technica credibility out that the username and countersign acclimated to admission the emergency acknowledgment arrangement were absolutely about attainable online. Cox letters that the username and countersign for logging in to the arrangement were printed in a about attainable operations chiral on the Florida Department of Health’s website for ESF-8 acumen staff. No question, Florida could—and should—have done a abundant bigger job of accepting those systems.

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But that still leaves alteration the catechism of whether Jones, if she did use a username and countersign that she had been accustomed aback back she was alive for the accompaniment to accelerate out the Nov. 10 message, absolutely committed a computer crime. Appliance accreditation your employer gave you to do article afterwards you were accursed wouldn’t accommodated best people’s analogue of a “hacker.”

But courts are disconnected on the affair of whether, in adjustment to admission a computer afterwards authorization, a being has to absolutely do annihilation technical. The Florida Computer Abomination Law that Jones was answerable beneath is carefully accompanying to the federal Computer Fraud and Abuse Act—both laws ascertain actionable hacking appliance agnate accent of “unauthorized access” afterwards allegorical what, specifically, determines whether admission to a computer is authorized. Courts accept interpreted that accent in actual altered agency in cases absorption on the CFAA and added accompaniment laws modeled on it. Some of those interpretations ability assignment to Jones’ advantage—for instance, in 1998 the Cloister of Appeals of Maryland begin that Terry Briggs had not committed an act of crooked admission aback he bound some files on his employers’ servers with a countersign anon afore abandonment his job. Added recently, in 2012, the 9th Circuit disqualified in a CFAA case that advisers had to avoid some anatomy of abstruse ascendancy put in abode by their employer—not aloof a accounting rule—in adjustment to accomplish an act of crooked access. Since the accompaniment of Florida had allegedly implemented no abstruse safeguards to anticipate Jones from accessing the emergency acknowledgment arrangement acclimated to accelerate the message, this estimation of crooked admission as a carefully abstruse action could advice her.

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Other rulings, however, advance that Jones could still be captivated amenable for appliance her above accreditation afterwards abrogation her job. For instance, in 2010, the 11th Circuit begin that a above Social Aegis Administration employee, Roberto Rodriguez, who had acclimated his assignment accreditation to admission claimed advice about bodies he knew in absolute activity through his employer’s database, was accusable of crooked access, alike admitting he had done annihilation added adult than log in to his assignment computer arrangement and use it for claimed purposes. The Supreme Cloister heard a CFAA case in November that should advice boldness some of these disagreements, aback it’s decided.

In the meantime, it’s absolutely not absurd that a cloister could acquisition Jones accusable of accessing a computer afterwards allotment alike admitting her above employer gave her the accreditation to admission that arrangement and again bootless to amend the countersign afterwards battlefront her. That assurance apparently hinges on how the cloister defines what it agency to abjure admission to a computer. In added words, was it abundant for Florida to artlessly acquaint advisers in a accounting policy—as the affirmation does—that they would lose their permission to admission an online annual aback they absent their jobs? Or did Florida buck some albatross for actively alteration those accreditation aback Jones was fired?

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Everyone is at accountability in this story—Florida for declining to do a bigger job of accepting its emergency systems, and Jones, if absolutely she did accelerate the message, for misusing an appliance advised for emergency response—and no one is absolutely a hacker, in any allusive faculty of the word. But that still doesn’t beggarly Jones couldn’t be begin accusable of accessing the accompaniment computers afterwards authorization.

Future Tense is a affiliation of Slate, New America, and Arizona Accompaniment University that examines arising technologies, accessible policy, and society.

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