What if.... computer liability and phone question

Discussion in 'Law & Justice' started by JavisBeason, May 13, 2014.

  1. JavisBeason

    JavisBeason New Member

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    how responsible are you, as an owner of a computer or phone, if someone else downloads something illegal on your computer or phone.


    or sends a text/tweet/post from your phone



    An ex-wife, catches hubby cheating, logs into the family computer, downloads child porn and then turns her hubby in for it.....


    You post a racist tweet as a teacher that gets you investigated and your defense is "I set my phone down when I went to the restroom and somone else picked up my phone and tweeted that. It wasn't me"


    I mean, my 'what if" scenarios are not all that far fetched....



    Could the Miami Dolphin player that tweeted about Michael Sam draft just have said "it wasn't me, we were by the pool and when I was swimming, someone did that from my phone" Would the NFL have any right under contract law, to suspend him for the tweet someone else did.


    What if it REALLY happened, how responsible are you legally, for something that gets tweeted from your phone.... or from multiple users on the same twitter account. What if the Dolphin's WIFE tweet it? Can he get suspended for something his WIFE said?
     
  2. JavisBeason

    JavisBeason New Member

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    and no... I didn't have any of this happen to me... just curious.
     
  3. Glock

    Glock Well-Known Member

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    Sure, it can happen, but most of the time people don't realize what they said is wrong until they receive backlash from it.

    If his wife did it, I believe he would have said she did it to avoid the fine. But if she didn't do it and he said she did, then he would probably be paying more in alimony payments than the fine would have been.
     
  4. JavisBeason

    JavisBeason New Member

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    I'm not implying he didn't tweet what he did.... but I could take the fall for my spouse, if we stood to lose millions in fines and suspensions if they pinned it on spouse.


    There is economic incentive for pro-players to put it on a spouse, and the spouse who doesn't make in a year, what player loses during the suspension, to willingly accept the blame. You assume he just blames her without them discussing it first.


    But even beyond that minor detail of a wife not taking the blame.....


    what if the Dolphin had just said.... I lost my phone... when I found it, I saw the tweet and deleted it. Now, can the NFL fine him for losing his phone and someone else posting a racist/homophobic/hate tweet?


    This is the point of this thread... when opinions people don't like can get you suspended, fined, etc.... if a tweet I make offends someone and I'm getting investigated for it, whether or not I posted it is not the issue... it's you proving I did.


    "Sorry, I lost my phone and when I got it back, I hadn't realized someone had tweeted from my account that is logged into my phone." should be the standard reply when questioned.
     
  5. Glock

    Glock Well-Known Member

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    yea, he could of said he was pranked and swore to get to the bottom of it. Then get a cousin or a friend to admit that they did it.

    Or just say that he's going to rehab for a condition...
     
  6. JavisBeason

    JavisBeason New Member

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    I'm not held responsible for purchases off of a stolen credit card....

    how can I be held responsible for a tweet off a stolen cell phone, even if I find the phone later.
     

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