If you access someone’s computer without permission, and especially by hacking passwords and firewalls, this is a cyber crime. Similarly, denying someone’s ability to transmit data or deny their computer its normal uses is illegal under the Florida Computer Crimes Act (FCCA).
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What are the laws for remote workers in Florida?
There are multiple areas of employment law that remote workers should be aware of to ensure that their rights are not being violated. Compensation is one of the first areas of concern regarding Florida work from home laws that workers should understand.
What is the Florida Computer Crimes Act?
If someone breaks the law online or using computer technology, the crime is considered “cyber.” The Florida Computer Crimes Act attempts to further contextualize these crimes by dividing offenses into two key categories: crimes against intellectual property and crimes against computer users.
Do you need an attorney for a Florida computer crime case?
Note: State laws are constantly changing -- please contact a Florida criminal defense attorney or conduct your own legal research to verify the state law (s) you are researching. Have Questions About Florida Computer Crimes?
Is there a law in Florida that prohibits video voyeurism?
See §810.145, Fla. Stat. (prohibiting video voyeurism). Oral communications are treated differently because of a Florida law, section 934.03, Fla. Stat.
What is the Florida Computer Crimes Act?
The Florida Computer Crimes Act 13 and F.S. Ch. 934 (addressing security of communications and surveillance) cover computer-related crimes and the security of communications, and are modeled after the federal Stored Communications Act.
What is the purpose of the fiduciary act?
The act establishes the ability of the digital asset owner, called the “user” in the act, to direct disclosure of digital assets. It also sets the order of preference for the user’s direction. From that point, the rights of a fiduciary to obtain content of electronic communications is outlined, as well as access to all of the user’s other digital assets. The result is that an authorized fiduciary will be an authorized user for purposes of criminal laws prohibiting unauthorized access to electronic accounts. For purposes of privacy laws prohibiting email service providers from disclosing an account holder’s records without the account holder’s consent, the act provides that an authorized fiduciary has the lawful consent of the account holder.
Why does a bank release the catalog of electronic communications?
The bank may release the catalog of electronic communications or content of an electronic communication for which it is the originator or the addressee because the bank is not a custodian providing a remote computing service to the public. 26
Why do digital assets need to be protected?
Because digital assets have financial and/or personal value to their owners, they need to be identified and protected, both to preserve value and privacy . The identification of digital assets and the planning necessitated by these types of assets affects many different aspects of clients’ lives.
Who can disclose noncontent records?
Thus, unlike the contents, the provider is permitted to disclose the noncontent records of the electronic communications to anyone except the government, and may disclose the noncontent records to the government with the customer’s lawful consent or in certain emergencies.
Do employers have to have a TOSA?
The privacy protections of federal law do not apply to private email service providers, such as employers and educational institutions. 6 Additionally, most employers are not considered custodians because an employer typically does not have a TOSA with an employee. 7 Any digital assets created through employment generally belong to the employer.
Who can access D's bank account?
The personal representative of D ’s estate has the authority to access D ’s electronic banking statements and D ’s photo account, which both fall under the act’s definition of a “digital asset,” unless D opted out or a court directs otherwise. This means that, if these accounts are password-protected or otherwise unavailable to the personal representative, then the bank and the photo account service provider must give access to the personal representative when the request is made in accordance with §740.007. The custodian may request a court order specifically identifying the account and finding that access is reasonably necessary for estate administration. If the TOSA permits D to transfer the accounts electronically, then the personal representative of D ’s estate can use that procedure for transfer as well.
Can a receptionist be transferred?
For example, transferring from a receptionist position to a data entry position that does not require face-to-face contact may be a good choice to allow for telecommuting.
Can you be discriminated against for working from home?
Just because you work from home does not mean that you must sacrifice your rights under federal and state employment laws. No one deserves to be discriminated against , harassed, or have their work/life balance disregarded. With the proper information, you can feel confident that your employee rights are being strongly protected.
Is time tracking required for work from home?
Another aspect of time covered under work from home labor laws includes access to an effective time tracking system. Some employers may not be as organized or technologically proficient with time tracking as others, making it difficult for them to understand when you are working and when you are not working, resulting in misunderstandings or even abuses of your time.
Do workers compensation laws apply to remote workers?
It is a well-known fact that workers’ compensation laws provide benefits to employees if they get injured in the workplace. These laws can also, depending on the situation, apply to remote workers as well.
What is the Florida Computer Crimes Act?
The Florida Computer Crimes Act attempts to further contextualize these crimes by dividing offenses into two key categories: crimes against intellectual property and crimes against computer users.
What is cyber crime in Florida?
Cyber crimes, or computer crimes as they are referenced in the Florida codes, involve unlawful acts related to computers, digital technology, and web networks. If someone breaks the law online or using computer technology, the crime is considered “cyber.”. The Florida Computer Crimes Act attempts to further contextualize these crimes by dividing ...
How to defend against cyber crime?
The lack of knowing participation in the crime may also work as a defense against cyber crime charges. If you were doing work for a friend or boss, and it ended up leading to illegal cyber crime activity, you can argue you didn’t know that’s what they were asking you to do. As you can imagine, this is hard to argue in court, especially since ignorance is rarely allowed as a defense. The key to this defense is testimony about the meaning of your participation in the act and what you assumed you would accomplish by helping them. To adequately use this defense, a defendant may need to turn in friends or bosses and testify against them.
What is the first type of cyber crime in Florida?
In Florida, the first type of cyber crime is committed against intellectual property.
How to protect yourself from cyber crime?
The best way to protect yourself is to hire a skilled Tampa defense attorney. There are two primary defenses in cyber crime cases. The first involves authorization. If someone gives you the authorization to be the owner of a computer program or network, then you can argue that you didn’t participate in illegal activity.
What is a crime against intellectual property?
If you take information that is confidential or secret, that is a crime against intellectual property.
Is it illegal to take someone's computer and damage it?
Similarly, denying someone’s ability to transmit data or deny their computer its normal uses is illegal under the Florida Computer Crimes Act (FCCA). Taking someone’s computer and damaging it can also lead to cyber crime charges, as can introducing a virus into someone’s computer, smartphone, or internet network.
Which states have spyware laws?
Twenty states, Guam and Puerto Rico have laws expressly targeting spyware. Other states have laws that address computer crime, fraudulent or deceptive practices or identity theft and that possibly could apply to some practices involving spyware. State.
What is unauthorized access?
"Unauthorized access" entails approaching, trespassing within, communicating with, storing data in, retrieving data from, or otherwise intercepting and changing computer resources without consent. These laws relate to these and other actions that interfere with computers, systems, programs or networks.
What is the prohibition on ransomware?
Prohibits a person from knowingly possessing certain ransomware with the intent to use the ransomware for purposes of introduction into a computer, network or system of another person, alters and establishes certain penalties, authorizes a victim of a certain offense to bring a civil action for damages against a certain person. (2021 H.B. 425 / 2021 S.B. 623)
How many states have laws that address denial of service attacks?
At least 26 states have laws that directly address denial of service attacks.
Which states have laws aimed at phishing?
Twenty-three states and Guam have laws specifically aimed at phishing schemes. Other states have laws that address computer crime, fraudulent or deceptive practices or identity theft, which could also apply to phishing crimes.
Which states require ransomware?
Most of these states criminalize ransomware and provide for specific penalties. Indiana and Louisiana require public entities to report ransomware incidents. Texas authorizes the Texas Department of Transportation to purchase insurance coverage for ransomware.
Does NCSL provide legal advice?
Note: NCSL serves state legislators and their staff. This site provides general comparative information only and should not be relied upon or construed as legal advice. NCSL cannot provide assistance with individual cases.
What are the laws in Florida regarding surveillance cameras?
The state of Florida, for instance, has its own laws that cover cameras and recordings. These laws cover areas such as expectation of privacy, coercion, consent to record and who is responsible for giving the OK on putting up surveillance cameras.
What is the expectation of privacy in Florida?
Expectation of Privacy. One of the big concerns about video surveillance in Florida is the expectation of privacy. The Fourth Amendment of the Constitution of the United States reads that when a person has a reasonable expectation or privacy that it is infringing on their rights to invade it. The law has generally applied to places like bathrooms, ...
Do you need the consent to run video surveillance?
This could also apply for a rented store space. If the owner of the property doesn't consent to allow you to run surveillance on the premises then you may not have legal ability to run video surveillance on your premises.
Is it legal to record a video in Florida?
In the state of Florida, all parties must agree to the recording of any video sur veillance for it to be legitimate and legal. In stores there should be a posted warning that states all shoppers, through their actions of patronizing the store, consent that they are allowing themselves to be videotaped. In other locales such as hospitals and police interviews it's important to get spoken and even written agreement from the person being recorded to ensure that all video recordings or surveillance are completely legal.
Is there a law on security cameras in Florida?
Video surveillance laws vary from state to state throughout America. The state of Florida, for instance, has its own laws that cover cameras and recordings. These laws cover areas such as expectation of privacy, coercion, consent to record and who is responsible for giving ...
Can you video record in Florida?
A less likely law applicable to recording is statute 810.145, which states that people cannot video record others where they have a reasonable expectation that they have privacy.
Can you lose a case if you share responsibility for an accident in Florida?
Just because you shared some responsibility for the accident does not mean that you will lose your case. Your damages awarded may lessen. Florida is a comparative negligence state, which means you can only be awarded the portion of the damages that were the other party’s fault.
Is it illegal to record a dash cam?
This makes it essentially illegal to have an audio recording device for your dash cam. It also makes it recommended that you inform other drivers and passengers of the vehicle that they may be video recorded.
Is it illegal to have an object obstructing the view ahead or to the sides of the vehicle?
Florida statute 316.2004 indicates it is illegal to have an object or person obstructing the view ahead or to the sides of the vehicle. The punishment for an obstructed view is a non-moving violation. If you don’t think that’s a big deal, think about what it would do to a case involving fault during an accident.
Is a dash cam legal in Florida?
You want it to do this while still remaining within the confines of Florida law. Most basic dash cams are completely legal, but there are wir etapping laws and privacy laws that can get in the way.
What is the Florida law on guns?
Stat., gives employees the right to keep a lawfully possessed gun inside their own locked, private vehicle in an employer’s parking lot, and restricts employers from searching vehicles or taking action against employees who exercise their rights under this law.
Can an employer be held liable for intrusion upon seclusion?
An employer can be held liable for the tort of “intrusion upon seclusion” if the plaintiff shows that there was an intentional intrusion, “physical or otherwise, upon the solitude or seclusion of another or his private affairs or concerns.”. Benn v.
Is oral communication private in Florida?
Stat. Under this law, oral, electronic, and wire communications generally are deemed private, unless both parties consent, and cannot be recorded, absent a specific statutory exception. See Jatar v. Lamaletto, 758 So.2d 1167, 1169 (Fla. 3d DCA 2000) (An oral communication cannot be intercepted and disclosed without the consent of the parties if there is a reasonable expectation of privacy which is recognized by society). See also State v. Smith, 641 So.2d 849, 852 (Fla.1994) (“ [F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.”).
Is it permissible to monitor employees' emails?
Monitoring employees’ emails or Internet use on an employer’s computer systems generally is permissible, because usually there is no expectation of privacy in such use. See Leor Expl. & Prod. LLC v. Aguiar, No. 09-60136-CIV, 2009 WL 3097207, at *4 (S.D. Fla. Sept. 23, 2009) (employee had no reasonable expectation of privacy in emails transmitted through employer’s server).
Is there an absolute right to privacy in a business office?
There is no absolute right of privacy in a party ’s office or place of business. See Jatar, 758 So.2d at 1169 (“Society is willing to recognize a reasonable expectation of privacy in conversations conducted in a private home. However, this recognition does not necessarily extend to conversations conducted in a business office.”). For example, no expectation of privacy exists in a conference call held to conduct the business of the company. Cohen Bros., LLC v. ME Corp., S.A., 872 So. 2d 321, 325 (Fla. 3d DCA 2004).
Compensation
- Compensation is one of the first areas of concern regarding Florida work from home laws that workers should understand. Because you are working in a separate location from the primary workplace, you may be missing out on wages and other forms of compensation that you should be entitled to under the law. Generally speaking, businesses are responsible for the expenses of …
Workers’ Compensation
- It is a well-known fact that workers’ compensation lawsprovide benefits to employees if they get injured in the workplace. These laws can also, depending on the situation, apply to remote workers as well. If you are injured while performing a work-related task at home, you may be entitled to the same benefits under Florida work from home laws. Due to the complexity of thes…
Time
- One of the most common complaints from remote workers is that their employers do not honor standard working hours and may even expect 24/7 availability. Depending on the specific parameters of your job description/responsibilities, you may be required by your employer to work different times than a standard 8-5 or 9-6 shift, but that doesn’t mean y...
Employment Information
- It is not unusual for people to have been interviewed, hired, and started working from home without ever meeting anyone in person or going into the office or business during the pandemic. Modern technology has allowed us to do so much through our computers and other electronic devices. But this can become an employee rightsissue implicating security and privacy concerns…
Reasonable Accommodations
- The Americans with Disabilities Act (ADA)has long covered the rights of employees to “reasonable accommodations” in the workplace. What is “reasonable” is determined on a case-by-case basis. But can this type of coverage be utilized to be able to telecommute? It depends. If the “essential functions” of the job require a worker to be face to face with customers or clients, for …