Tunsil hacker faces potential criminal, civil liability

AP

Largely lost in last night’s Laremy Tunsil limbo was the fact that someone violated his privacy and, in turn, broke the law.

As explained by Jason Lisk of TheBigLead.com, whoever hacked Tunsil’s Twitter account and posted video of Tunsil smoking marijuana with a gas mask and a bong faces up to five years in prison under the Stored Communications Act, if “the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain.”

As best we can tell, if the person who invaded Tunsil’s Twitter account also hacked his Instagram account, the second violation ups the ante to a punishment of up to 10 years.

Even without an improper purpose, the potential sanction consists of not more than one year for a first offense and up to five years for a second offense.

The improper purpose apparently need not actually result in harm. As written, the statute refers only to purpose not effect. And common sense suggests that whoever was getting into Tunsil’s social media account(s) wanted to harm his draft stock.

Deadspin notes that someone had been trying to sell the Tunsil video for weeks. Whoever had the video either knew or guessed Tunsil’s password, hacked his Twitter account, and in turn broke the law.

Getting in may have been easy. Covering it up could be impossible. Here’s hoping that the relevant federal officials quickly swoop in to investigate. If the hack committed in Major League Baseball justified the devotion of federal resources last year, the misconduct directed at Tunsil merits a similar response.

Tunsil also should be ready to pursue civil liability. However, the person who did it quite possibly doesn’t have the resources to even begin to compensate Tunsil for the damages resulting from however many spots he fell due to the hacking.

43 responses to “Tunsil hacker faces potential criminal, civil liability

  1. You imply that if they ID the “hacker,” a conviction is a slam dunk. I disagree. If he openly shared his password with others (e.g., a family member, friend, etc.) and one of those people accessed the account, a conviction is not a sure thing. What do I know. I’m not an attorney turned blogger.

  2. I’m pretty sure whatever low rent dirtbag that did this doesn’t have $12million to make it up to Laremy. Throw them in the slammer for several years.

  3. The person that did this is a real low life and should also pay Tunsil the millions of dollars he lost from moving out of the top 6

  4. “Whoever had the video either knew or guessed Tunsil’s password, hacked his Twitter account, and in turn broke the law.”

    Whoever had the video somehow obtained the video. Where did it come from?

    Whoever posted those text messages obtained those text messages. Where did they come from?

    Easy answer: it all came from Tunsil’s old device. And Tunsil also used that old device to log in to Twitter and Instagram. And he never bothered to change his passwords when he got his new device.

    Whoever has his old device is the person you’re looking for.

  5. The only way to stop similar intentional interference with economic opportunities is to thoroughly investigate and ferociously prosecute. If the NFL wants to show it cares about its employees it will take the lead and unleash its security department and investigaors (though hopefully using someone with the more competence of Wells or his law firm) to find the culprit(s) and make it clear that similar conduct will result in the maximum penalties permitted by law.

  6. Funny how many people who do something stupid, had their account hacked.

    That being said, I still think it was a nice move by Miami to have someone do that just before the draft. Kudos to them.

  7. No matter what one’s thoughts are on him making the video, what the person did in posting it in the manner they did was just an awful thing to do to someone. That is a vindictive SOB right there.

  8. i will let you in on a little secret — it’s his stepdad. the same one who sued him this weekend.

  9. igotgamenj:

    Pretty sure if the person who did this had millions of dollars, they would not be spending their time hacking social media accounts.

  10. Tunsil did something illegal, but not something that was wrong. It was stupid because of the damage that could (and in this case did) happen to him in terms of getting in the NFL and the size of his first contract, but no one besides Tunsil’s soon to be very large bank roll was harmed.

    Sure question Tunsil’s maturity or intelligence about letting such a video be made, but to me that is where the inquiry ends. By the way, it was totally stupid and by the way… I bet he learned that lesson.

    What this hacker did is night and day with what Tunsil did. And unlike Tunsil, the hacker did do something wrong.

  11. if this all isn’t just simply Tunsil trying to cover it up and there actually was a hacker… the hackers first defense will obviously be “it wasn’t me” and in spite of what this article says, it won’t be easy to prove that Tunsil’s failure to safeguard his private data was due to said hacker or that his password isn’t out there among many people

  12. That’s some harsh revenge for not catching a teammate before he falls out of a window……

  13. I think social media is the fall guy here. No way to ever say that Tunsil wouldn’t have fallen to 13 minus the video. Guy had character concerns without that showing up. His buddy Nkemdiche threw him under the bus earlier in the draft process.

  14. So what about Tunsil who was seen engaged in an illegal activity?
    ____________________________________________

    How do you know he wasn’t in Washington or Colorado?

  15. abninf says:
    Apr 29, 2016 5:44 PM
    So what about Tunsil who was seen engaged in an illegal activity?
    ___________

    Chill, he wasn’t even on your lawn

  16. Everyone has done dumb stuff when they were young. Difference is now all the pics and videos.

    I think considering the stress and implications all day yesterday he handled it really well. I would have had a complete meltdown before the draft even started.

    If he doesn’t learn from this atomic bomb, and smarten up, cut him right away.

  17. Sure the kid put himself up for something that could come back to haunt him. Still, whoever leaked that video should be held accountable. Same as police, hospitals and others who release information that has been sealed from the public. You’d think TMZ has more power that J Edgar Hoover and he abused the system greatly…

  18. 1. Smoking a dried flower isn’t really that big of a deal and its time for pro sports to adapt to the science.

    2. Whoever did this is lowlife scum and has a world of hurting coming their way.

  19. “Now receiving applications for the position of FALL GUY. Generous compensation package. Please send all inquiries to s.ross @ dolphins.com”

  20. Horrible chain of events for this young man that did something years ago, but let’s not forget this will be behind him in a few weeks and he is the best OL player since Joe Thomas in 2007. Case Closed and glad he is a Dolphin.

  21. If Tunsil posted the video and it looks like he did, one of his Followers could have posted the video. Kids these days don’t pay attention to who they Accept to see their accounts.

    He was NOT hacked

  22. I would guess that the hacker is a personal friend or family member. 1) because someone would have to (have been) close to Tunsil at one time. 2) because no one outside of his immediate circle of (former/current personal friends or family) would care to single him out to do financial harm right before the draft. So it comes down to yet another “Hater” who deliberately wanted to damage his hard effort and personal gain. However, if in fact that is indeed Tunsil in the video, he has to be given credit as being an absolute “IDIOT” for allowing that video to be recording if he gave a flying rat’s Arse about his NFL future.

  23. Tunsil’s lawsuit would be dismissed quickly. Unless that wasn’t Tunsil in the video. Good luck proving intent, maybe the guy was simply trying to help make sure his team didn’t draft someone who does what it happening in that video. Good luck also proving that Tunsil had a sure thing that he would have been drafted higher.

  24. Most likely gave out his password when he was high. Not a crime… some time bad things happen to stupid people…like people who videotape them self smoking dope.

  25. All they have to do is put cuffs on the guy married to Tunsil’s mother.

  26. I cant believe what I’m reading in this comment section. If someone did something intentionally and made YOU lose your job I guarantee YOU would be furious. And news flash!!! College students smoke pot! I’m sure all of you are perfect but SOME look for an alternative to highly addictive opiate painkillers. People need to get off their high horses.

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