united-states criminal-law civil-law trespass security
Decoding and publishing lock combination
<p>Many combination locks can easily have their combinations decoded, even while the lock is shut. Suppose someone decoded the combination to a lock, wrote down the combination on a piece of paper, and taped it up next to the lock.</p>
<p>For the sake of the scenario, suppose that the decoder doesn't open the lock or enter the locked area. The decoder is aware that someone might read the combination, open the lock, and go into the locked area, but hasn't made plans with anyone to do that.</p>
<p>Has the person committed a crime by decoding the combination and posting it next to the lock? If someone else reads the combination, opens the lock, goes into the locked area, and commits a crime, without any other interaction with the decoder, does the decoder share any criminal responsibility? Civil liability?</p>
<p>I am aware of <a href="https://law.stackexchange.com/questions/91747/what-offence-if-any-is-committed-by-guessing-a-combination-entry-lock-on-a-door">this question</a>, but it poses a distinct scenario where the decoder also enters the locked area.</p>
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<p>More generally, I am interested in the question: Suppose that the usefulness of some object relies on the secrecy of some information. If that information is published, the object becomes worthless. Is it legal to obtain and publish that information, if no physical damage is done to the object when deriving the information?</p>

<p><strong>The decoder is aware that someone might read the combination, open the lock, and go into the locked area ...Has the person committed a crime?</strong></p>
<p><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" aria-label="show questions tagged &#39;england-and-wales&#39;" rel="tag" aria-labelledby="tag-england-and-wales-tooltip-container">england-and-wales</a></p>
<p>Maybe not a criminal offence, but the decoder <em>might</em> be liable civilly under <a href="https://www.lawteacher.net/free-law-essays/tort-law/tort-of-negligence.php" rel="nofollow noreferrer"><strong>the Tort of Negligence</strong></a>, which is:</p>
<blockquote>
<p>a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. In many cases there will be a contractual relationship (express or implied) between the parties involved, such as that of doctor and patient, employer and employee, bank and customer, and until relatively recently it was necessary for such a contractual relationship to exist in order for a claim for negligence to succeed.</p>
<p>But the civil law relating to negligence has evolved and grown to deal with situations that arise between two or more parties even where no contract, written or implied, exists between them.</p>
</blockquote>
<p><strong>Is it legal to obtain and publish that information, if no physical damage is done to the object when deriving the information?</strong></p>
<p>One scenario where this <em>might</em> be a criminal offence is if the information is protected with a <a href="https://www.gov.uk/government/publications/government-security-classifications" rel="nofollow noreferrer">Government Security Classification</a> marking (i.e. spying).</p>
<p>See <a href="https://www.legislation.gov.uk/ukpga/Geo5/1-2/28/section/1?timeline=false" rel="nofollow noreferrer">Section 1</a>, Official Secrets Act 1911:</p>
<blockquote>
<p>(1) If any person for any purpose prejudicial to the safety or interests of the State—</p>
<ul>
<li><p>(b) makes any <strong>sketch</strong> ... which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy; or</p>
</li>
<li><p>(c) ... communicates to any other person any secret ... <strong>sketch</strong> ... which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy;</p>
</li>
</ul>
<p>he shall be guilty of felony</p>
</blockquote>
<p><a href="https://www.legislation.gov.uk/ukpga/Geo5/1-2/28/section/12" rel="nofollow noreferrer">Section 12</a> states that:</p>
<blockquote>
<p>The expression <strong>“sketch” includes any photograph</strong> or other mode of representing any place or thing;</p>
</blockquote>
