welcome Jot!! your mission is a noble one for sure, but you're thinking "may be" flawed in several areas..
a. Picscout operates out of Israel, and does not follow the laws of the US. Getty may own it, but it's a separate entity...
b. in order to access a computer without authorization, the machine in question would need to be password protected.. I don't buy into or surmise that "any computer connected to the internet is protected"
It's also worth noting that Getty Images spends a big chunk of change lobbying the asshats in DC..please do keep us posted in any event..
They may be based out of Israel, but the Patriot Act expanded the definition of protected computers....
“When Congress passed what is known as the USA Patriot Act after September 11, it dramatically expanded the legal definition of a "protected computer." Previously, the law considered a computer within the United States that was used by the federal government or a financial institution, or for interstate or foreign commerce, to be protected under the Computer Fraud and Abuse Act. But the definition now extends to computers outside of the United States where communications pass through a U.S.-based network.” article from…
http://www.thefreelibrary.com/Patriot's+international+implications%3a+The+USA+Patriot+Act+expanded...-a084879167And USLegal.com’s definition for a protected computer…
Under 18 USCS § 1030 a protected computer is defined as including any computer "used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States."
Because a web server is used for communication (it communicates information through the displaying of web pages} then it would be considered a protected computer. Also, the fact that PicScout uses a Microsoft Exchange e-mail service at 66.147.242.156 (all publically available information) and that server is located here in the United States (Utah to be exact), they are using US based communications and can they fall under the Patriot Act. Their scanning servers may be based in Israel, but they still have to go over a US based network to get to our sites here in the US.
And even if criminal charges can not be brought against them, civil suits can be brought against them for violating the CFAA
The CFAA is primarily a criminal statute. However, in 1994 a civil suit provision was added that provides a private cause of action if a violation causes loss or damage, as those terms are defined in the statute. 18 U.S.C. § 1030(g). To state a civil claim for violation of the CFAA, a plaintiff must allege
1. damage or loss;
2. caused by;
3.a violation of one of the substantive provisions set forth in § 1030(a); and
4. conduct involving one of the factors in § 1030(c)(4)(A)(i)(I)-(V).
18 U.S.C. § 1030(g).
Persons found to be civilly liable for a CFAA violation can be responsible for compensatory damages and injunctive or other equitable relief.
Because of the security breach from PicScout, our IT department spent two days beefing up the security settings on our web server and on our firewall. Theoretically, we can charge them for the time spent to resolve the security breach. Sure, it would not be much, but if they want to play we will sue you for infringement, then we can play, okay, we counter sue for violating the CFAA.