Uh-oh... Trouble on the horizon?

[androidluvr2]

Computer Fraud and Abuse Act. It's a federal law making it a criminal offense to do pretty much anything unauthorized to a government computing device.

Thanks. That is 18 USC 1030.

18 USC ? 1030 - Fraud and related activity in connection with computers | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

Section (a)(5)(A) might apply to jailbreaking since the statute defines damage quite broadly at least to the extent it is done on a protected computer:

(a)(5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

(e)(8) the term ?damage? means any impairment to the integrity or availability of data, a program, a system, or information;

(e)(2) the term ?protected computer? means a computer?
(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
(B) which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.

 

[natasftw]

I don't know the actual laws, man. If its that important to you I can look them up. Just know its a bad idea.

Keep in mind that when you gain employment with a company, you are given the rules and regulations with that company. Whatever is in those rules, once signed by you, holds up 100% in court. That's where it's usually cited that you can be prosecuted for these crimes if modifications are made to company devices. The laws concern both the physical devices, the company data, and intellectual property contained on them.


Tappin and Talkin from my iPhone 5

You're a terrible lawyer.

What's held in those contracts are civil matters. Violating those contracts is held up by civil court. Civil court CANNOT jail anyone.

The jailbreak doesn't touch the company's intellectual data in any way that the default iOS does. Jailbreaking limits restrictions that allow apps to run that may, or may not, run otherwise. But, it's still the same type of touching.

The jailbreak doesn't provide any additional access to company information, nor does it "hack" the company.

The laws are entirely breach of contract. That's not criminal.

You don't know what they are because they simply do not exist. Even in terms of security clearances, they don't exist. Anyone that thinks so has never had a security clearance. If there was anything placed on a jailbroken phone that violated a security clearance, it violated the clearance in general. Then, the law you're worried about is not jailbreaking, it's likely treason.

 

[jclisenby]

You're a terrible lawyer.

What's held in those contracts are civil matters. Violating those contracts is held up by civil court. Civil court CANNOT jail anyone.

The jailbreak doesn't touch the company's intellectual data in any way that the default iOS does. Jailbreaking limits restrictions that allow apps to run that may, or may not, run otherwise. But, it's still the same type of touching.

The jailbreak doesn't provide any additional access to company information, nor does it "hack" the company.

The laws are entirely breach of contract. That's not criminal.

You don't know what they are because they simply do not exist. Even in terms of security clearances, they don't exist. Anyone that thinks so has never had a security clearance. If there was anything placed on a jailbroken phone that violated a security clearance, it violated the clearance in general. Then, the law you're worried about is not jailbreaking, it's likely treason.

I'm not a lawyer. Just going off of personal experiences with various companies and the laws and polices in place there.


Tappin and Talkin from my iPhone 5

 

[androidluvr2]

What's held in those contracts are civil matters. Violating those contracts is held up by civil court. Civil court CANNOT jail anyone.

No but federal prosecutors can.

He actually posted a law - 18 USC 1030. Did you read the statute? I did, let me walk you through 18 USC 1030(a)(5)(A):

(a) Whoever—
. . .
(5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

Now here is the definition section:

(e) As used in this section—
(1) the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;
(2) the term “protected computer” means a computer—
(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
(B) which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;
. . .
(8) the term “damage” means any impairment to the integrity or availability of data, a program, a system, or information;

Now here is the relevant criminal penalty section:

(c) The punishment for an offense under subsection (a) or (b) of this section is—
. . .
(4)
. . .
(G) a fine under this title, imprisonment for not more than 1 year, or both, for—
(i) any other offense under subsection (a)(5); or
(ii) an attempt to commit an offense punishable under this subparagraph.

I agree, that law is too broad in how it defines "damage" and "protected computer."

Here is an article to read on how this law has been misused in another context. Write your congressperson if you disagree with the law.

Fixing the Worst Law in Technology: Aaron Swartz and the Computer Fraud and Abuse Act : The New Yorker

 

[androidluvr2]

Civil court CANNOT jail anyone.

I would just like to clarify this a bit. Civil court judges can in fact jail you for contempt of court if you refuse to comply with their orders.

So if you are involved in a civil matter and a judge orders you to do something in that civil matter, you need to do it, or you risk jail time. It is not considered a misdemeanor or a felony offense that would go on your record, but it can include jail time until you comply with the judge's order.

 

[natasftw]

nvm

 

[androidluvr2]

nvm

For the record, I don't like the law, either as it is clearly being abused by federal prosecutors.

 

[Mr.Willie]

Some of y'all need to stay away from government contracts.

 

[natasftw]

For the record, I don't like the law, either as it is clearly being abused by federal prosecutors.

Your lack of history with Apple and jailbreaks was clear in your interpretation. It was ironic with the condescending tone. I removed my reply.

 

[androidluvr2]

Your lack of history with Apple and jailbreaks was clear in your interpretation. It was ironic with the condescending tone. I removed my reply.

I think you misunderstood. No one is talking about Apple seeking to have anyone prosecuted for jailbreaking a device. We are talking about an employer seeking to have an employee prosecuted for jailbreaking an employer-issued device.

It was not my intent to be condescending. But the fact is, there is what many consider a bad law on the books and it would allow for the criminal prosecution of people who "damage" "protected computers" as is defined in the statute. I provided the exact language of the statute to you. It is shockingly broad. So much so that it borders on if not crosses the border of being unconstitutionally vague.

 

[natasftw]

I think you misunderstood. No one is talking about Apple seeking to have anyone prosecuted for jailbreaking a device. We are talking about an employer seeking to have an employee prosecuted for jailbreaking an employer-issued device.

It was not my intent to be condescending. But the fact is, there is what many consider a bad law on the books and it would allow for the criminal prosecution of people who "damage" "protected computers" as is defined in the statute. I provided the exact language of the statute to you. It is shockingly broad. So much so that it borders on if not crosses the border of being unconstitutionally vague.

I understand that fine. If you care for me to explain to you the pieces you're missing, feel free to use a private message.

 

[androidluvr2]

I understand that fine. If you care for me to explain to you the pieces you're missing, feel free to use a private message.

well after your PM I still don't think I am missing anything. The statute as it currently stands has vagueness problems, but someone charged with a crime under the statute would have to argue that and convince a judge and/or appellate court it was unconstitutionally vague. Most people charged plead to avoid the harsh penalties as well as the cost of defending against the charges.

Another option is to write your congressperson:
https://action.eff.org/o/9042/p/dia/action/public/?action_KEY=9005

 

[mulasien]

Good Day to All,

My Dept. has contracted with a company called Meraki to manage their IT mobile devices, via (I believe) the cloud. Reportedly, as in rumor on the street, is that it will be able to detect jailbroken devices (which is against policy - DOH!) and report it to ITS. I have been unable to verify this, but if it is true, my Jailbreak will have to go away, and I will have to upgrade to 6.1.3 (DANG!!!!).

My question to the JB community, is this true - does anybody have any experience with this Company? PLEASE say it ain't so!

I don't have experience with that specifically, but I do know that it is possible for a workplace to be able to determine if a device is jailbroken or rooted (Android).

My company's mobile email server (Zenprise) runs a check to see if the phone it's pushing email to is jailbroken or not. If it is, it errors out and will not sync email. I used to be able to get mail on my rooted and ROM'd Android device because the admin was able to make an exception for my phone, but that changed once I was issued my work iPhone.

 

[natasftw]

well after your PM I still don't think I am missing anything. The statute as it currently stands has vagueness problems, but someone charged with a crime under the statute would have to argue that and convince a judge and/or appellate court it was unconstitutionally vague. Most people charged plead to avoid the harsh penalties as well as the cost of defending against the charges.

Another option is to write your congressperson:
https://action.eff.org/o/9042/p/dia/action/public/?action_KEY=9005

What part of taking it in private to avoid further off topic posts littering the thread was confusing to you?

 

[androidluvr2]

What part of taking it in private to avoid further off topic posts littering the thread was confusing to you?

I disagree that is littering this thread - it is central to this thread. And I don't think that is why you wanted it private. Come to think of it, I think I won't continue to keep it private because I think it is a topic that interests many people and should be public.

 

[Just_Me_D]

Good Day to All,

My Dept. has contracted with a company called Meraki to manage their IT mobile devices, via (I believe) the cloud. Reportedly, as in rumor on the street, is that it will be able to detect jailbroken devices (which is against policy - DOH!) and report it to ITS. I have been unable to verify this, but if it is true, my Jailbreak will have to go away, and I will have to upgrade to 6.1.3 (DANG!!!!).

My question to the JB community, is this true - does anybody have any experience with this Company? PLEASE say it ain't so!

This is the post that started the thread & in summary, the OP wanted to know if anyone had experience with a company called "Meraki" because his company has contracted Meraki to manage their IT department and it has been rumored that Meraki will be able to detect jailbroken devices which are against company rules. Having said that, does anyone have any personal knowledge of Meraki or any dealings with it?

 

[androidluvr2]

This is the post that started the thread & in summary, the OP wanted to know if anyone had experience with a company called "Meraki" because his company has contracted Meraki to manage their IT department and it has been rumored that Meraki will be able to detect jailbroken devices which are against company rules. Having said that, does anyone have any personal knowledge of Meraki or any dealings with it?

OP's questions have already been answered by the video I posted of the Meraki system. You don't need to have any personal knowledge of this company when they post a video like that.

Additional issues came up which interested those who post here.

 

[Blackfeet]

For the record: my phone has been updated to 6.1.3 and is therefor no longer jailbroken. As far as I am concerned, this thread is no longer about my original question.

Thanks...

 

[Just_Me_D]

For the record: my phone has been updated to 6.1.3 and is therefor no longer jailbroken. As far as I am concerned, this thread is no longer about my original question.

Thanks...

Exactly, and thus the reason for my previous reply. Threads will naturally wander off topic at times, but as a moderator, I am to steer the topic back on-point and if that fails then the thread will be closed. Having said that, was the posted video sufficient for you or would you like to see if you can obtain more information?

 

[Blackfeet]

The video was more than sufficient to display that I am going to hate this app.

Feel free to lock it - I am done with it.