03 Jun Myra/Tyra issue
Posted at 07:30hin Law by
First, on the Myra/Tyra issue, you discuss the question of whether Byron’s actions constitute stealing. To me a more interesting question is whether you think Byron is trespassing (in this scenario, I’m talking about trespass to real property, not trespass to personal property). Before responding, please refer to your textbook’s discussion of trespass. How, if at all, do the facts of this scenario fit into the definition and required elements of trespass? Are all the elements of that tort met here? If not, which one(s) are missing?
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Now, a different line of questioning. The laws in this area vary as they are state or city-based. Since we’re talking about allowing additional occupants into a residential lease property without the permission of the landlord, I’m interested to hear your thoughts on a specific New York law that relates directly to our issue this week. The law is an attempt to alleviate some of the problems of homelessness by providing a statutory requirement in residential leases to allow for one additional occupant and dependents of the occupant. N.Y. Real Prop. Law § 7-235(f).
This specific law, called New York’s “roommate law,” reads all residential leases in New York to “permit the occupancy by the tenant, immediate family of the tenant, one additional occupant, and any dependent children of the [additional] occupant.” Thus, in New York, at least, Myra would be statutorily allowed to let Byron move in with her, regardless of what the lease says or what the landlord wants. What are your thoughts on this law? Does it seem fair to all parties? Would you support such a law in your state? Why or why not?
Now, on to the data breach issue. What if the security breach did not result in the loss of any private customer data? Would it be unethical for the company to keep knowledge of such an attack in house? If we re-read the fact pattern, it is unclear whether customer data, private or not, was even lost. It merely notes that customers may “lose confidence” in the company’s ability to protect private data because of this “security breach.”
That said, most students do assume private client data was lost. However, before we make that assumption, let me ask you the following: Should all security breaches be reported? If not, what type of breaches must be reported? What information must be involved? Whose information need be involved? Can you provide an example of a security breach that must be reported, and compare it to an example of a security breach that need not be reported? If no customer data was lost, or even affected, and the data breach was simply an intrusion by a hacker into the company’s server, would you still demand the company report the breach?
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