DMCA Database Decision Dissected


Security Focus takes a look at Inquiry Management Systems v. Berkshire Information Systems and wonders Is password-lending a cybercrime?

The fallacy of this decision becomes clear if you consider that the customer himself could have logged in with his or her password, obtained the documents and records, and given them to Berkshire — and this would have been a simple breach of contract, not a crime.
Under this decision, anytime you share your userid and password you’re potentially committing or facilitating a felony. If you subscribe to, for example, the New York Times website (a free login) and let someone else log in with your userid, you might end up in the slammer — at least if you appear before Judge Buchwald.

Previously: DMCA Doesn’t Protect Databases

Andrew Raff @andrewraff