Also known as: bugs · bugging · bugged · listening device · electronic surveillance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A flaw in computer programming code that causes the program to produce incorrect results or behave unexpectedly. The defect may remain latent until triggered by particular inputs or conditions during ordinary use.
A flaw in computer programming code that causes the program to produce incorrect results or behave unexpectedly. The defect may remain latent until triggered by particular inputs or conditions during ordinary use.
Select any source to read its text and confirm it supports the definition.
A concealed electronic listening device used to intercept private communications without the knowledge of the participants. Installation or monitoring of such a device may constitute a search when it intrudes on a reasonable expectation of privacy.
Select any source to read its text and confirm it supports the definition.
A concealed electronic listening device used to intercept private communications without the knowledge of the participants. Installation or monitoring of such a device may constitute a search when it intrudes on a reasonable expectation of privacy.
Each sense below has its own examples, sources, and questions.
Bianca Baker is prosecuted after police seize her laptop containing logs of a security bug she allegedly exploited. She moves to suppress the logs on the ground that the search of the vehicle in which the laptop was found violated the rights of the car's owner. Because Baker was only a passenger with no ownership or possessory interest in the car, she lacks standing to challenge the search.
Byron Bishop agrees to sell a software package to a government agency while knowing it contains a security bug that allows unauthorized access. The government proves that Bishop and his supplier shared the intent to deliver the defective product. Both are convicted of conspiracy even though neither specifically intended to violate the particular statute at issue.
A former president orders the release of internal documents revealing a critical software bug in a defense contractor's system. The disclosure allegedly causes the contractor economic harm. The president enjoys absolute immunity from damages suits because the action fell within the outer perimeter of official presidential duties.
Federal agents negligently install a software update containing a bug that exposes a citizen's private files. The citizen sues the agents directly under the Constitution for the resulting privacy invasion. The court recognizes an implied cause of action for damages because no alternative remedy exists.
A media company publishes an article accusing Barbara Bennett of deliberately shipping software with a known security bug to harm competitors. Bennett proves the report was false and caused reputational harm but cannot show actual malice. She recovers no damages because she is a public figure.
A supplier that knows of a latent danger in a product must exercise reasonable care to inform foreseeable users if the danger is nonobvious and users are unlikely to discover it themselves. Failure to provide an effective warning exposes the supplier to negligence liability when the known risk materializes and causes injury.
Supporting sources
A tenant's obligation to pay rent continues unless the tenant is legally excused by actual or constructive eviction or by statute. Continued partial use of the premises while withholding rent constitutes a breach of the lease absent a recognized defense.
Supporting sources
Yes. When the type of harm that occurs falls within the scope of the risk created by releasing defective software, an intervening criminal act by a third party does not automatically sever legal causation. The defendant's negligence remains a substantial factor if the harm is a foreseeable consequence of the defect.
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Partners owe a duty to refrain from grossly negligent or reckless conduct. Deploying code without required testing may constitute recklessness when it consciously disregards established protocols and exposes the partnership to severe foreseeable harm.
Supporting sources
Federal agents install a listening device inside Bernard Bass's apartment to record conversations with suspected co-conspirators. Bass had taken steps to keep the discussions private by closing doors and lowering his voice. The recordings later form the basis of charges, but the absence of a warrant means the evidence is subject to suppression under the Fourth Amendment.
…conducted here complied with constitutional standards. The Government's position is that its agents acted defensibly: they began electronic surveillance only after investigation had established a strong probability that the petitioner was using the telephone to transmit gambling information in violation of federal law; the surveillance was…