Acid Flux Posted:

If you break & enter into someone’s home, you don’t get to claim innocence just because you only messed up the house a little bit.

...

But it’s still B&E/trespbuming.

Breaking and entering requires that you gain entry forcibly. If the door wasn’t locked then it’s not B&E. If you left the key under the mat, that’s ALSO not B&E.

Trespbuming still applies though.

Acid Flux Posted:

Even if the padlock on the garage is old & rusty, if you break it off and take stuff out of the garage, that’s a crime.

Tubs was using a MAILINATOR account, and mailinator accounts are PUBLICLY VIEWABLE. For these purposes, we can consider it a “shared account”.

1: HoG made a LEGITIMATE request to the server for a pbumword reset. He did not hack the site, he did not intentionally send it bad data, he simply used the form like any other person would.

2: HoG checked that email account, to which that he had LEGITIMATE access.

3: He used the information in that email to attain access to Tubs’ account.

If you ask somebody for the key and they give it to you, then barring coercion you have done nothing illegal. IIRC, under both US and Canadian law, legitimate possession of a key is considered legitimate access. In other words, if you have a house key that you acquired legally, then it’s not trespbuming to be in that house.

It’s also worth noting that HoG didn’t go around screwing things up when he got in. He played a prank or two and didn’t even TRY to cover it up.

While NORMALLY I would be saying that he should have reported it to ET and not done anything else, this IS FWZ and there IS a culture here to consider.

Taking that into consideration, playing harmless pranks is certainly acceptable behavior. To say otherwise is making things SRS BSNS, and just going to result in a negative community response.

TL;DR: Tubs is a ****up, HoG didn’t do anything too bad, unban him and make Tubs use a REAL email address. Give him like a 1-week temp ban for illegal alting and call it a day.