We've all signed countless Terms of Service agreements without reading them closely and most people don't bother to make a note of what they're agreeing to. A decision from the 9th Circuit Court of Appeals suggests breaking those terms isn't a crime you can be prosecuted for.

In the case of US v Nosal, the court ruled that breaking a user agreement doesn't automatically mean you're committing a hacking crime. The case was based on a simple question:

Many employers have adopted policies prohibiting the use of work computers for nonbusiness purposes. Does an employee who violates such a policy commit a federal crime? How about someone who violates the terms of service of a social networking website?

We all know that Terms of Service are often difficult to really interpret, but the 9th Circuit points out another major problem, they change constantly:

Not only are the terms of service vague and generally unknown-unless you look real hard at the small print at the bottom of a webpage-but website owners retain the right to change the terms at any time and without notice. See, e.g., YouTube Terms of Service § 1.B, http://www.youtube.com/t/terms ("YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.") (last UNITED STATES v. NOSAL 3869isited Mar. 4, 2012). Accordingly, behavior that wasn't criminal yesterday can become criminal today without an act of Congress, and without any notice whatsoever.

With all that in mind, the 9th Circuit answered the question of whether breaking a Terms of Service can really be considered a crime:

Basing criminal liability on violations of private computer use polices can transform whole categories of otherwise innocuous behavior into federal crimes simply because a computer is involved. Employees who call family members from their work phones will become criminals if they send an email instead. Employees can sneak in the sports section of the New York Times to read at work, but they'd better not visit ESPN.com. And sudoku enthusiasts should stick to the printed puzzles, because visiting www.dailysudoku.com from their work computers might give them more than enough time to hone their sudoku skills behind bars.

It's good to know that your exploits on social networks won't land in jail, but that doesn't mean it's okay to skip over a Terms of Service completely. The 9th Circuit ruling is only binding in areas the 9th Circuit covers and you may still be liable in other courts. We've shown you what to look for before, and in a lot of cases it's primarily about how a service can use your private information, not what you do with the service. A violation of a Terms of Service can still land you in a civil suit because you're breaking an agreement between yourself and a company, so reading the agreement is still a good idea.

20 Kitchen Secrets For Those That Love 'Em | US Courts via Gizmodo and The Next Web

Photo by Sam Howzit.

You probably have a slew of gift cards from the holidays, but chances are many will go unredeemed, lost, or somehow unused. To make sure you know your rights in the event of a problem, just print out this foldable card and keep it in your wallet, too.

You can download a printable PDF card here and cut out the card for your wallet, but read on for the tips you'll find on the cards. We were able to create this card thanks to the help of Joshua H. Camson, Esq., who graciously provided the information.

Before we get started, know that these rules only apply to retail and merchant cards. Retail gift cards are the ones you buy at a specific store or restaurant and can only be used at that one location (or locations, in the event of a chain store/restaurant or mall gift card). Merchant cards are branded, prepaid debit cards that can be used anywhere that type of card (e.g. Visa, Mastercard, American Express) is accepted. Now that you know, here are your rights:

• Cards cannot have expiration dates of less than five years from The date the card was initially issued or the date on which funds were last loaded on a reloadable card (whichever date is later). If a card does expire in less than five years, the remaining value can be transferred to a new card at no cost or fee.
• No dormancy, inactivity, or service fees can be charged unless there has been one year of inactivity on the gift card; and the consumer is given clear and conspicuous disclosure about the fees. No more than one fee is charged per month
• The card must have a clear and conspicuous notice of either a website or telephone number to obtain a replacement for an expired, lost, or stolen card.
• A fee cannot be charged to replace an expired gift card, but a merchant can charge a fee to replace a lost or stolen card

These rules do not apply to:

• Reloadable prepaid cards that are not marketed or labeled as a gift card or gift certificate.
• Prepaid cards received through a loyalty, award, or promotional program.
• Any gift certificate or card issued in paper form only.
• Cards or certificates useable solely for telephone services.
• Any card redeemable solely for admission to events or venues or for goods/services in conjunction with admission to an event or venue (e.g., present this certificate for a free hot dog at the next Steelers game at Heinz Field).

Those are your rights. Just download and print the card to have them in your pocket whenever you need them!

Know Your Rights Printable Card: Gift Cards (PDF)

Being detained by a store or mall security office under suspicion of shoplifting is an experience no one wants to have. Often mall security will try to pressure you into signing a statement admitting your guilt (often threatening to call the police if you don't) or force you to pay restitution for your offense, but in some cases things can escalate. If you're detained for shoplifting—regardless of whether you're innocent or guilty—you have rights. Here's what you need to know.

What Has to Happen for a Store to Detain You

The first thing you need to know is what a store has to have or has to see in order to exercise their right to detain you. First, a witness or employee needs to establish probable cause. They need to actually see you take store merchandise and put it in your hand (as in, they can't just see you holding something that could have come from home or outside the store,) and they have to see you conceal or carry that merchandise away from its location and either depart the store or walk towards the exit (and away from the cashiers) with the merchandise in hand or concealed on your person. Photo by Dan Previte.

Depending on your jurisdiction, you cannot even be approached until you've left the store premises. This isn't universally true, and often the act of concealment of store property is enough evidence to have you arrested and charged. Sometimes, store security staff (or the contract security firms that work in malls) will bend the rules a bit and rely on your ignorance of your rights in order to detain you if they're certain they have probable cause. In some cases, they'll threaten to call the police if you don't cooperate.

It's also important to note that while the above is largely true in most cases, jurisdictions differ—sometimes significantly—when it comes to the least amount of evidence required for a store or mall to detain you. In all cases, security needs probable cause, but how strong that case needs to be can vary.

What You Need To Know

When store security approaches you, they're acting within a very limited and specific jurisdiction and base of authority. They do not have the right to keep you in a small space or confined to a single room without allowing you to leave that space (although they are allowed to keep you from leaving the premises or keep you under surveillance for the duration of your time there if they have established probable cause or until the police arrive.) At any time, you have the right to request a police presence and legal representation. Keep in mind most retailers have very specific guidelines about how a customer is to be approached and detained.

If you do have stolen merchandise on your person and it's discovered by store security or the police if they're called, the store has the right to have you arrested and charged with theft. You, then, have the right to not incriminate yourself and to obtain legal representation. If the store claims that they have witnesses who observed you shoplifting, you also have the right to question that witness' suitability for probable cause, either to police when they arrive or to your legal representation if you're charged. Photo by Jake Setlak.

Unfortunately, you don't have a lot of rights that allow you to explicitly talk your way out of being detained. You can always try to talk around security by simply refusing to be detained and walking away, but they have the right to call the police or physically block you from leaving. Your best bet is to appeal to the management of the store or mall and make your case to an employee instead of a security officer. Requesting police presence when security isn't sure of their own case against you is also a good way to call their bluff, but contacting the police can be a good or bad thing depending on your situation. As always, you have the right not to answer questions until police or a lawyer are present, and you have the right to request them.

What You Should Do

The best thing to do is cooperate. If the police are called and the store has appropriately established probable cause, the police can search you. If they recover concealed items or observe security footage of your theft, you can be arrested and charged. Many stores never bother with the police, and simply request that any stolen goods be returned, issue a stern warning to the shoplifter, and let them go. Others require that the shoplifter pay the value of the item or some kind of fee and sign a confession before letting them go and dropping the matter. Most will at least demand that you never return to the store. Photo by Hailgumby.

If you've been wrongly detained, cooperation is still likely your best route. This way, you can get out of the situation quickly and address the offense on your own terms. Explaining to security or the store manager that they're mistaken is a good start, but if they're not convinced, you can and should request representation, that you be shown the evidence against you, charged with a crime, or released. In most cases, security officials who don't have a case against you know it, and most are unwilling to risk a false arrest or imprisonment claim.

Even so, being belligerent and hot-headed won't help you in a situation like this. Cooler heads will prevail, and the last thing you should do is go off half-cocked and start complaining that the store needs a warrant to hold you or that your Fourth Amendment rights have been violated (Note: The Fourth Amendment doesn't come into play until an agent of the government—like the police—are involved) or that your right to privacy has been violated (which it may be, depending on your jurisdiction, but saying that isn't going to get you released any sooner.)

Cooperate and be honest and you'll likely get out of the situation with no trouble at all. If you feel your rights have been violated, your best bet is to get out of the situation, seek professional legal counsel, and then file your complaint with the store management, the ACLU (if you feel your civil rights have been violated,) and the police. You may be able to sue for false arrest or false imprisonment.

Finally, a disclaimer: The above isn't meant to be professional legal counsel in any way, and if you're concerned about a specific case or want more information about the laws in your jurisdiction, you should contact a lawyer.

Have you been wrongly detained under suspicion of shoplifting? Are you a lawyer and have better advice to offer? Share your tips in the comments below.

Lifehacker's Evil Week is all about topics such as password cracking, social hacking and other questionable tricks to make sure you're in the know. Knowledge is power, and whether you use that power for good or evil is in your hands.

When you're dealing with the police, it's important to know your rights so you don't do anything that could cause you unwanted trouble. It may be hard to remember every detail in the event it happens, however, so we've created some handy printable cards you can stick in your wallet to make sure you're always prepared.

You can download the cards here, but if you're curious about the contents just read below. We'll be making more of these cards for specific circumstances, so if there are any you have in mind that would be helpful be sure to let us know in the comments!

You Just Got Arrested

In the event you are taken into police custody, the U.S. constitution provides you with the right to remain silent, be informed of any charges against you (and their penalties), speak to your attorney (or have one appointed if you can't afford one), and have a judge decide whether or not you should be let out of jail until your trial.

The police are allowed to ask you processing questions like your name and address. You are required to comply with their requests for this type of information regardless of your right to remain silent. You do not have to answer personal questions, questions pertaining to the crime for which you are charged, or answer anything without an attorney present.

Your silence cannot be used against you, but what you say or write can. If you want to answer their questions with a legal counsel, be sure you tell them immediately. The police are not allowed to question you without a lawyer, once requested, unless you later waive that right.

You Just Got Pulled Over

In the event you are pulled over for a moving violation or citation, according to the "Plain View Doctrine" you have the right to refuse a search of your vehicle if the officer does not have a warrant. If the officer can see contraband in plain sight, however, a warrant to search that visible area is not necessary. You also will need to submit to a basic body pat-down should the officer have strong reason to believe you are armed.

You also have the right to refuse to take a breathalyzer test. While there are no legal repercussions, refusal reflects poorly on you when your case is heard and can have administrative penalties such as a harsher fine or lengthier suspension of your license.