Asked on Sep 04th, 2011 on Civil Rights - Maryland
More details to this question:
I was working on a friends computer remotely. the friend installed a remote desktop program that allowed me to remote access and control the machine. the friend installed and application and gave the access codes to log in. while working on the machine i noticed something about the one program that was installed and proceeded to navigate to the folder. the folder contained personal photographs. the remote application program i was using started to download the files in the folder, i must have bumped a hotkey, i promptly stopped the file transfer once i noticed i was downloading and made sure i did not receive any files. since the remote access program i was using logs everything that was done the next day when the friend noticed the download the friend said they will be reporting it the cops for invasion of privacy because i downloaded their personal photographs. Should i seek legal counsel?
Sounds like no good deed goes unpunished.
Invasion of privacy is a civil tort. It is not usually a criminal act unless Maryland has a law that mimics federal law on computer security.
From the facts you included I assume you had permission to use the computer including through remote access. I am assuming you were using it for the friend's benefit, in accord with the permission that you had received.I am also assuming that you and you went to the file folder because were looking for a reason why the program you were working on was misbehaving.
If these assumptions are correct, I can't see how you would be liable to your friend criminally or civilly. If they are incorrect, there could be repercussions under federal computer security laws--both civilly and criminally.
You should consult with a local attorney should your friend continue to threaten to sue. that way s/he can advise you in how best to protect yourself from liability.
Michael A. Caldwell,
DeLong, Caldwell, Bridgers & Fitzpatrick, LLC
404-979-3150
DeLong, Caldwell. .
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