Alternative perspective on messing with others’ game cams

[boneaddict]

Just that statement alone Superx demonstrates a bit what I’m talking about.   

...look at, no copyright law broken
...erase, no copy right law broken, or was there
..take a copy of
...take a copy of and distribute
...take a copy of and distribute for financial gain
...take a copy of and put your name on it

[yakimanoob]

The RCW loses me at intent.  If you just view pictures on a game camera i dont believe you are breaking any law.  I also think you could clear the SD card and you would never be convicted of any crime.  I also believe it is morally wrong to do so, but legally speaking, i think you would be in the clear.

(1) A person is guilty of electronic data theft if he or she intentionally, without authorization, and without reasonable grounds to believe that he or she has such authorization, obtains any electronic data with the intent to:
(a) Devise or execute any scheme to defraud, deceive, extort, or commit any other crime in violation of a state law not included in this chapter; or
(b) Wrongfully control, gain access to, or obtain money, property, or electronic data.”
(2) Electronic data theft is a class C felony.

Again I see no grey area here.  Data is property under the law.  Viewing is gaining access.  Clearing the memory card is destruction of property. 

[Oh Mah]

     as i said earlier if you open it (same as a door to a home) you have broke in.  if you open a car door that you have no permission to be in you have broken in.if you are caught at said camera your intent would have been to break in to something you don't own.in Washington we don't have B/E we have burglary. 

[Cougartail]

I would think digital copyright laws apply if someone took a copy of the pictures

You'd have to show a financial gain from the use of those pictures. Since wild game can't be sold, you couldn't put a monetary value on it if someone killed an animal from stealing the pictures. I've been a lawyer on the internet for some time now.

If your pictures are taken for financial gain then you are conducting business on public grounds and need a permit. I do my best legal work on the internet.

[frazierw]

The RCW loses me at intent.  If you just view pictures on a game camera i dont believe you are breaking any law.  I also think you could clear the SD card and you would never be convicted of any crime.  I also believe it is morally wrong to do so, but legally speaking, i think you would be in the clear.

(1) A person is guilty of electronic data theft if he or she intentionally, without authorization, and without reasonable grounds to believe that he or she has such authorization, obtains any electronic data with the intent to:
(a) Devise or execute any scheme to defraud, deceive, extort, or commit any other crime in violation of a state law not included in this chapter; or
(b) Wrongfully control, gain access to, or obtain money, property, or electronic data.”
(2) Electronic data theft is a class C felony.

Again I see no grey area here.  Data is property under the law.  Viewing is gaining access.  Clearing the memory card is destruction of property.

Do you think anyone would ever be prosecuted based on that?

[Oh Mah]

probably not but the Clinton's didn't either.    

[CedarPants]

probably not but the Clinton's didn't either.    

 

[boneaddict]

I don’t believe.  Data as defined in the cyber crimes act Includes trail cam photos.

[Buckmark]

I feel the need to apologize to the OP for questioning his upbringing and disparaging his parents, that was not right and i am sorry..

[yakimanoob]

Do you think anyone would ever be prosecuted based on that?

If all a person did was look (assuming for sake of argument that all actions could be objectively proven here), I seriously doubt they would be in much trouble with the LEO.  I could see someone getting charged with this as an add-on offense.  Say they were harassing someone, or obviously trying to poach an animal but messing with the camera was the only thing the LEO could prove, etc. 

But, say, a LEO happens to observe @shallowforks checking a camera that belongs to the LEO, and all he did was look at the images, I seriously doubt the LEO would bother charging shallowforks with a crime.  And like I said before, the fact that this is listed as a felony is pretty surprising to me.  Seems like a stern talkin' to would be all you'd get if you were obviously being respectful of the camera.   

That said, I'm just BSing on this point and it doesn't change the legality of the action.  It's still illegal. 

[yakimanoob]

I feel the need to apologize to the OP for questioning his upbringing and disparaging his parents, that was not right and i am sorry..

Good on ya for saying so!   

[CedarPants]

I feel the need to apologize to the OP for questioning his upbringing and disparaging his parents, that was not right and i am sorry..

Solid gesture right there.  Good on you

[Bob33]

Do you think anyone would ever be prosecuted based on that?

If all a person did was look (assuming for sake of argument that all actions could be objectively proven here), I seriously doubt they would be in much trouble with the LEO.  I could see someone getting charged with this as an add-on offense.  Say they were harassing someone, or obviously trying to poach an animal but messing with the camera was the only thing the LEO could prove, etc. 

But, say, a LEO happens to observe @shallowforks checking a camera that belongs to the LEO, and all he did was look at the images, I seriously doubt the LEO would bother charging shallowforks with a crime.  And like I said before, the fact that this is listed as a felony is pretty surprising to me.  Seems like a stern talkin' to would be all you'd get if you were obviously being respectful of the camera.   

That said, I'm just BSing on this point and it doesn't change the legality of the action.  It's still illegal.

I suspect a judge would have a difficult time convicting someone for simply looking at images from a publicly located camera. Is the intent to devise a scheme to defraud, or to gain access to or obtain money, property, or electronic data?  While I don't agree with doing anything to the camera, I doubt looking at images on a card would ever result in felony conviction.

(1) A person is guilty of electronic data theft if he or she intentionally, without authorization, and without reasonable grounds to believe that he or she has such authorization, obtains any electronic data with the intent to:
(a) Devise or execute any scheme to defraud, deceive, extort, or commit any other crime in violation of a state law not included in this chapter; or
(b) Wrongfully control, gain access to, or obtain money, property, or electronic data.”
(2) Electronic data theft is a class C felony.

[yakimanoob]

I don’t believe.  Data as defined in the cyber crimes act Includes trail cam photos.

You don't think?

"(3) "Data" means a digital representation of information, knowledge, facts, concepts, data software, data programs, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a data network, data program, data services, or data system.
...
(7) "Data system" means an electronic device or collection of electronic devices, including support devices one or more of which contain data programs, input data, and output data, and that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. This term does not include calculators that are not programmable and incapable of being used in conjunction with external files."

http://app.leg.wa.gov/RCW/default.aspx?cite=9A.90.030

A trail cam photo is certainly a digital representation of information.  The requirement to be intended for use in a "data system" seems easily satisfied, as any computer, tablet or phone would qualify as a data system under (7). 

[yakimanoob]

I doubt looking at images on a card would ever result in felony conviction.

Speaking personally, I very much hope you're right.  A felony conviction has a lot of consequences, none of which seem commensurate with checking photos on another dude's camera...