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Hunter Biden sues Rudy Giuliani, attorney Robert Costello for "hacking" laptop data
(www.cbsnews.com)
this post was submitted on 26 Sep 2023
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Depends on what you mean by "hacking," but generally speaking it just means bypassing digital security. Like how it's still breaking and entering even if you use a key, or even if the door is unlocked. Legally speaking, "hacking" includes accessing something without permission, regardless of how easy it was to access.
It's also why social engineering is considered a form of hacking even though someone might willingly give you access to what was secured.
Correct, even violating TOS can count under the CFAA, meaning you could log into your spouse's social media with their permission, but if that platform says it's against TOS, it's a crime, since you're accessing their equipment in violation of those agreements.