Do You Password Reset?

[nightkingdoms]

Do you get a copy of there ID when a client requests a reformat of there computer? What's the difference?

Oh wow... In the 13+ years I've been working on computers, I have had a client request an N&P explicitly once. The difference is that I'm the one that suggests a format, not the client. They want it fixed, not nuked.

There would be no court in the country that would hold a computer repairer liable or responsible for a password reset on a computer that may or may not be stolen.

And yes, a common law (e.g. UK/USA) court will convict you if you didn't do what a reasonable person would do under the circumstances. Your regular work order terms are for civil (or tort) violations where someone can sue you, not criminal charges. A pawn shop has a reasonable excuse, they get merchandise all the time, only police can run things, so they get their information and usually a copy of their ID which they give over to the police anyway by law. They make a reasonable effort to identify the person and whether it is stolen.

You, however, were literally and specifically hired to hack into a computer system that did not belong to you nor the client. You made no reasonable attempt at confirming the identity of the person in possession of the computer nor if it was stolen. Knowingly committing computer tampering is a felony in most cases. The "knowingly" part doesn't apply to whether you knew if it was stolen or not, it's whether you did the act of exceeding your rights on the system or not whether that'd be negligently or maliciously. In this case it would be negligently which would open you up for a civil suit by the owner as well because you opened their computer up to a thief that would otherwise never been able to make use of the computer.

I would be more concerned about you having the legal right to obtain copy of someones ID, yes you may request to have a look at there ID and compare photo's but you should not be making copies it at all.

Legally-speaking (in the U.S. anyway), every person has a legal right to obtain a copy of someone's ID. The restrictions imposed by things like the Constitution only apply to the government, the populous in general are not. All you have to do is ask, if they refuse, so can you to work on it. It's that simple. No, you can't demand or force someone to give up their ID, but if they want service from you, you can require it. If they refuse, they can go somewhere else.

And what in the world would I be comparing photos of exactly if the system is prevented from moving past the Welcome screen? Whether or not they look like a Duck/Dog/Chess Piece kinda person? lol

 

[MobileTechie]

I reset, bypass or crack passwords when asked to do so by clients who pay me. I feel entirely comfortable doing it. It's hardly a big deal. Anyone with 1/2 a brain and the ability to d/l stuff from the net can do it themselves anyway.

I I really had a strong reason to believe they had stolen the computer then I'd involve the police but it's never come up.

 

[gazza]

I reset, bypass or crack passwords when asked to do so by clients who pay me. I feel entirely comfortable doing it. It's hardly a big deal. Anyone with 1/2 a brain and the ability to d/l stuff from the net can do it themselves anyway.

I I really had a strong reason to believe they had stolen the computer then I'd involve the police but it's never come up.

Agree totally with MobileTechie. Nothing more to say here.

 

[Slaters Kustum Machines]

As for getting a copy of the license I think it's a good idea and don't see a problem with it. Most of the time when I test drive a new vehicle the dealership asks for a copy of my license before I drive off. I don't see this being anymore uncomfortable than that if the person wanting the password reset is the owner.

 

[shamrin]

You made no reasonable attempt at confirming the identity of the person in possession of the computer nor if it was stolen. Knowingly committing computer tampering is a felony in most cases. The "knowingly" part doesn't apply to whether you knew if it was stolen or not, it's whether you did the act of exceeding your rights on the system or not whether that'd be negligently or maliciously.

You've obviously put a lot of thought into this. Can you site an instance where a legitimate computer tech business has been charged with a felony for performing this service for a customer?

 

[nightkingdoms]

You've obviously put a lot of thought into this. Can you site an instance where a legitimate computer tech business has been charged with a felony for performing this service for a customer?

If you scrutenized my posts as much as you did that one you would've known my day job is in law enforcement. Whether you actually get charged with it or not, you become liable for a civil suit by the rightful owner (aka your insurance will hate you or your wallet).

All their lawyer has to do is propose that without your interference what would the likeliness be that they could gain access to the owner's computer without your "specialized knowledge and expertise" and then state that you made no reasonable effort to ascertain the identity of the owner.

In civil court it's your word against theirs, even if what they're proposing makes no normal sense. If they can get the judge to think that you were somehow negligent for what they said you did or did not do, you're done if you made no reasonable effort to minimize the possible outcome. Kind of like putting out a "wet floor" sign. Yes they can see it's wet, yes it's usually pretty obvious, but if you didn't make it stupid obvious you were negligent.

While you may not be charged with it criminally, a civil suit can still happen for the same reasons with less proof needed. If some guy brings in a $4,000 laptop and he was panhandling outside your store the day before, you're negligent because a reasonable person woukd question it.

If you want to find actual cites if civil or criminal cases, that's what Google is for. This isn't court, it's a forum. Calm down.

 

[randomaccessit]

I received a phone call today from someone asking if I reset passwords. I didn't even ask which version of Windows they were running and just said no. I don't feel comfortable doing that for people I don't know. My mind starts thinking about if it's really their computer or not. What do you do?

My first line of defense is instinct. I generally will come right out and ask if they are the legal owner of the system. If they hang up, you have your answer.

The second line of defense is my lovely contract when clients drop off their computers. It explicitely states that by signing this document you are saying that you're the owner of the system. That way if it turns out to be hot later, I'm not liable and I can push the liability off onto the person who dropped off the system.

I take note of every serial number and/or asset tag for just this purpose. The combination of these things puts up a powerful defense against receiving stolen items but it also takes away liability from my company.

 

[gunslinger]

Hmmm, You know I thought about this a little more. I have called the locksmith out when I have locked my keys in the car. They never asked me to prove I was the legal owner of the car. I have called an electrician and a plumber to my home and they never asked to see ID either.


Its not our place to play PI or cop. We get paid to work on computers unless asked to do something obviously illegal.

 

[randomaccessit]

So because some companys either don't care or are too lazy means that it should be the norm? I'd rather have my contract and ask a basic question than be tangled up in something later. Everyone in todays world is looking to sue or throw a fit over the smallest things, why not take 2 seconds and cover yourself just in-case?

 

[shamrin]

If you want to find actual cites if civil or criminal cases, that's what Google is for. This isn't court, it's a forum. Calm down.

Thanks for your concern, I'm quite calm.

Before I consider a course of action where I insult my customers by suggesting that I believe they might have stolen the computer they're bringing me to fix, I just wanted to get an idea if there was any basis for it. I think you have shed adequate light on that.

 

[Knightsman]

Still at the end of all these, there will be that one person that gets their laptop stolen and somehow tries to sue one of us for unlocking their computer.

A simple waiver should be fine.