Originally Posted by
[canned.ham]
i know that phishing is a BIIIIIIG nono, but it doesnt hurt to talk about it.
its my current understanding that phishing may be considered a federal offense if it involves identity theft [like using someone elses myspace identity to send messages & comments] any input on this matter?
i have also read of a case of a company that supplied a service to myspace members that required them to submit their login information and agree to a tos that gave permission to the company to send out comments or messages about their service to the users friendlist. when myspace gave them the good ole' cease and desist, they claimed that they were not violating any of myspaces tos according to their own creative interpretation of the myspace tos. upon denying any wrongdoing, they continued their operation. anyone have input?

I am not familiar with this case, do u have a link to it for more information? It sounds interesting.
Phishing *is* identity theft. There is no other way to phish.
What this company is doing is not phishing *if* they clearly make it known to the users what they will be doing. It's not stealing, fraud, or theft. May piss off ms for sure! But as long as the ms users agreed to it the company is not guilty of phishing.
It can still be a violation of ms TOS, in which case it seems to me that the only ones in direct violation would be the users that gave up their ms login to that company. I'd still like to read more about this story because it comes close to what Facebook is doing with applications from third party developers. Which is perfectly legal. I also read that myspace is considering to do the same on ms, but I don't see how they can open their system to third party developers if this gets them bent out of shape.