Yes there exists the intentional tort of public disclosure of private facts (which doesn’t really exist for public figures)

But the fact that he intended to keep the files private does not change the fact that they are of public interest, so there’s nothing wrong in fact, the press has a duty) to make the files public.

Turn off active indexing, and you can’t just browse the directory one level up: you can only view files for which you have an exact URL, or can guess the exact URL. All other URLs (including the one for the directory itself) generate a “file not found” or “listing not permitted” warning, depending upon the server.

This is a classic social vs. technological failure: the convenience of having one auto-indexed depository for audio both raw and postprocessed overrode any consideration of security. The Governator and his tech people have now paid the price for that convenience.

But look: if the files had been copies of Arnold’s emails to Arnold’s mother about her medical problems, or email to his wife discussing their sex life, I presume we’d all agree that it would be sleazy to release that to the press. Yes, he (or his tech support people) blundered in posting the files, but that doesn’t mean that anything people find there should automatically be reported by the press.

Turn off active indexing, and you can’t just browse the directory one level up: you can only view files for which you have an exact URL, or can guess the exact URL. All other URLs (including the one for the directory itself) generate a “file not found” or “listing not permitted” warning, depending upon the server.

This is a classic social vs. technological failure: the convenience of having one auto-indexed depository for audio both raw and postprocessed overrode any consideration of security. The Governator and his tech people have now paid the price for that convenience.

Slow down.

If there wasn’t any notice that the governor’s staff intended to keep the files private, then whatever they may have thought is utterly immaterial. Iow, it may very well be crazy to argue that it’s “unethical”—let alone criminal— to release them publicly.

According to Laura Kurtzman’s September 12th AP report, the governor’s communications director has claimed that the files were protected by a pop-up, but this claim has been denied by the
Angelides campaign:

[Adam] Mendelsohn said the Angelides campaign staffers should have encountered a pop-up warning before downloading the audio file.

Amanda Crumley, communications director for the Angelides campaign, said the researcher who downloaded the file never received such a warning.

“If they have a pop-up window, that’s something they’ve added now,” she said.

There aren’t any further details on the mechanics of this supposed pop-up window, but imho, just for instance, it’s unreasonable to assume that everyone must browse with javascript turned on.

Anyhow if turns out that there wasn’t any real notice, then calling the CHP to investigate a “hacking incident” was at best a waste of time.

Slow down.

If there wasn’t any notice that the governor’s staff intended to keep the files private, then whatever they may have thought is utterly immaterial. Iow, it may very well be crazy to argue that it’s “unethical”—let alone criminal— to release them publicly.

According to Laura Kurtzman’s September 12th AP report, the governor’s communications director has claimed that the files were protected by a pop-up, but this claim has been denied by the Angelides campaign:

[Adam] Mendelsohn said the Angelides campaign staffers should have encountered a pop-up warning before downloading the audio file.

Amanda Crumley, communications director for the Angelides campaign, said the researcher who downloaded the file never received such a warning.

“If they have a pop-up window, that’s something they’ve added now,” she said.

There aren’t any further details on the mechanics of this supposed pop-up window, but imho, just for instance, it’s unreasonable to assume that everyone must browse with javascript turned on.

Anyhow if turns out that there wasn’t any real notice, then calling the CHP to investigate a “hacking incident” was at best a waste of time.