In this article, having a password controlling access to a site is partially exculpatory, at least in one opinion. Interesting. Wonder how long/difficult to guess those passwords were? [Cf recently lawsuit where boss sniffed employee's password to employee's private site and boss was nailed under computer-break-in laws] ............. http://www.nyjournalnews.com/westchester/061401/14standdown/ No case against teens for Web site By JONATHAN BANDLER THE JOURNAL NEWS (Original publication: June 14, 2001) NEW CASTLE Two Chappaqua high school seniors who were arrested for engineering a Web site detailing sexual exploits of some female classmates will not face criminal charges, Westchester District Attorney Jeanine Pirro said yesterday. The two, one 18, the other 17, were to have appeared in Town Court today on charges of second-degree aggravated harassment. Detectives arrested the pair May 30 after learning of the Web site from Horace Greeley High School officials. The males were given summonses to appear in court, but prosecutors never filed formal charges. Pirro said although some of the material on the Web site was "offensive and abhorrent, the content did not rise to the level of criminal conduct." "This is essentially the high-tech version of gossip," said Pirro, who added she read all of the communications posted to the site. "I am offended, I am repulsed and I'm outraged as a mother. (But) this does not violate the Penal Law." The Web site set up on Yahoo GeoCities and accessible by password was shut down the day the two males were arrested. Police said 16 Greeley students had the password. As many as 40 girls mostly seniors were listed on the site, which included sexual acts they allegedly performed. Pirro said there was no crime because none of the girls were sent any of the Web pages, and the password meant the males kept the information among themselves. Chappaqua schools Superintendent Donald Parker said he wanted to put the issue "behind us" because the district had taken appropriate disciplinary action against the males. He would not detail the discipline but said the males will graduate with their class later this month. Mark Goodman, executive director of the Virginia-based Student Press Law Center, praised Pirro's decision. "A rational prosecutor knows this is just not a case that can be won," he said. "Gossip like that is as old as human culture. I think (the Web site) can be destructive, but it can't be prosecuted criminally." New Castle police refused to release the names of the two males, citing a policy of withholding the names of those 16 to 18 because they could be eligible for "youthful offender" status. State law permits such records to be sealed only by a judge who has received the charges. Police records of the arrests are not protected under the statute dealing with youthful offenders.