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Accidental Access, 'Catfishing' and Unsecured Wi-Fi

By Richard Raysman and Peter Brown

The Federal Trade Commission (FTC) has been closely watching the privacy issues of the day ' online targeted advertising, mobile data tracking, geolocation information, facial recognition technology and other similar issues that impact consumers. The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken “bargain” that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged ' some of which cross ethical norms ' that do not neatly fit within the boundaries of existing privacy laws.

This article discusses several contemporary privacy issues, including: whether accidental access to another's e-mail account constitutes unauthorized computer access; whether the use of a fictitious online identity can lead to civil liability; and whether the account holder of an unsecured home Wi-Fi network can be found liable for infringing activities by third parties using the network.

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