Accessing Client FTP site after contract termination

**cojak** · 21 September 2010, 12:30

You would be in deep doo-doo if you let on that you logged in after you're contract ended.

I'd just demand that they pay you without telling them that you peeked at the code.

**MrF** · 21 September 2010, 12:33

Originally posted by cojak View Post

You would be in deep doo-doo if you let on that you logged in after you're contract ended.

I'd just demand that they pay you without telling them that you peeked at the code.

Are you sure? I just got an URL path. Anyone can download a Flash site to their browser and decompile the files.

**cojak** · 21 September 2010, 12:37

Did you just look at the public accessible website? No? You said that you went in via FTP - that's hacking, whether you touched anything in there or not. They'll keep access logs, you can only hope that the ex-client doesn't look them up.

**northernladuk** · 21 September 2010, 12:41

Well there are a few angles to this. First off lets use the common sense angle...

How would YOU feel if someone accessed YOUR equipment without authorisation and how would you feel if they did?? You would be pretty pissed off to say the least wouldn't you?

The other one is the legal side. Do they not have an IT or data policy that mentioned unauthorised access? I am sure there will be something in there about this.

There is also the angle that accessing a companies private data when you have nothing to do with them is pretty stupid really and will land you in a whole host of trouble. What if they accuse you of stealing their code or downloading something from them that you are not allowed to do? I don't know what they call it when it is data but they could try and do you for theft. You won't have a leg to stand on if they decide to push it.

About the payment side. Did you have signed timesheets? What does it say in your contract about payment? How much do they owe you?

I am sure there is often two sides to this binned off posts. How long did you have a 'stomach bug' for bearing in mind they managed to find another developer and get him started in the time you were off? Something doesn't sound right here.

Like most 'I have been binned' threads I would say you are probably going to have take this on the chin, move on and STOP accessing area's you are not allowed to.

**Saddo** · 22 September 2010, 04:28

I have been in the position of having privileged access to client computer systems before now, and I apply a rule that I will NEVER even attempt to access those systems once my right to do so has expired (e.g. after the contract ends). I think that any client who leaves that door open by not changing passwords/disabling accounts is asking for trouble, however that's not my problem to worry about.

The simple fact is that log files can lead to problems with plausible deniability if a client wants to mount an investigation. If your account was recorded and your IP address - or an address in the range which your ISP could give - was in the logs you could be in deep doo-doo.

And with respect to these situations, for any privileged access account which I might have access to I always make sure the password is very complex, and not recorded anywhere where someone unknown could find it.

**Wanderer** · 22 September 2010, 09:24

Originally posted by MrF View Post

I've been on a programmer contract recently where I had to stop because of a stomach bug. The client brought in a new developer. Now the client argues that they don't want to pay since the new developer had to redo everything.

Invoice (stating payment terms)
Legal Action

How much to invoice?

Was it an hourly/daily rate? On a hour/day rate you probably have a strong case for getting paid for days/hours worked. Just invoice them (even if you don't have timesheets) and then take it through the normal process.

Was this a fixed price job to deliver a piece of code? Perhaps more difficult. You could demand that they remove and destroy everything that you did for them, including not reusing any design, research or code produced by you and warn them that you retain the copyright to the code that you supplied to them and they are not licensed to use it until you get paid (check the details of your contract). Also point out that you can easily identify the code you wrote and you will get FAST onto them and/or take legal action if they don't pay up.

As others have pointed out, you will have weakened your case a bit by logging on to their system. Try Google and see if you can find anywhere that links to the site so you can claim to have found the link that way, without privileged access. In court, you could argue that the logs are hearsay unless they were subject to a formal chain of custody so it's unlikely they can bring criminal charges against you. The only way they could really prove what you did would be if you admitted it so don't get into a discussion about how you know they are still using your code. Your angle is "I just want payment for work done". Do not enter into discussions about or entertain any suggestion that you illegally accessed their site.

You still own the code, design and intellectual property that goes with the job until you are paid. You may not be able to use illegally obtained evidence in court but once the site is live you could easily decompile it, as you say. Really, you just want to force the case to a settlement as quick as you can and get on with it.

**Bunk** · 22 September 2010, 09:52

Originally posted by Wanderer View Post

The only way they could really prove what you did would be if you admitted it

For example on an internet forum?

Accessing Client FTP site after contract termination