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Thursday, March 26, 2009

It's legal in Florida

Trash

The term 'corpus delicti' is technical, and means the body of the crime, or the substantial fact that a crime has been committed.

Melville Davidson Post, The Strange Schemes of Randolph Mason

Even though the RIAA’s ad campaigns say it is, copying your friends’ music CDs isn’t theft. That doesn’t mean it isn’t illegal. If you copy a CD you may be committing a crime, but that crime isn’t theft. One important element of the corpus delicti for theft is that property is lost by the owner, and this clearly isn’t the case for copying music. If you copy a CD, the owner of the music doesn’t lose their property, so you haven’t committed theft. What you’ve done is violate copyright law.

So suppose that a business dumps lots of documents containing sensitive personal information in their dumpster. Have they committed a crime or not, and if it’s a crime, exactly what law did they break?

In Sarasota, Florida, for example, a company recently dumped lots of documents containing sensitive information including Social Security numbers and driver's license numbers into their trash. Workers at a nearby business noticed this and called the police, but when the police arrived, they found that no actual crime had been committed. Apparently disposing of sensitive information in a way that makes it easy for it to be compromised isn’t actually against the law in Florida.

What's even stranger about this incident, is that it has been established that there's no reasonable expectation of privacy when things are left in the trash. That's what California v. Greenwood established in 1988. So it's apparently legal to dump sensitive information in a place where there's no expectation that it will stay private. At least it is in Florida.

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