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Legally Defining "Unauthorized" Computer Access
SDuane writes "Orin S. Kerr, Associate Professor at George Washington University Law School, has written an article trying to answer the question "what does it mean to 'access' a computer? And when is access 'unauthorized'?" It's long, but interesting and he's looking for feedback."
When thinking about it. One could say that a popup add "accesses" your computer in some way. Since it is also unauthorized, could it be illegal? :)
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What is "unauthorized access" to my house?
1. When some one comes in uninvited.
2. When someone breaks into my house.
3. When someone is in my house already and then I ask them to leave and they don't.
Obviously these rules apply similarily to a website vs a brick and mortar.
1. All people can come into my business
2. If it is closed you cannot come in.
3. If there is a private area you cannot have access to it.
4. If you are asked to leave and you don't, then you are breaking the law and the nice officer will come and my asking and remove you from my premises.
Why does the digital world have to be any different?
My website is my business/public area, if I lock something done with a password, stay out. Anybody can email me or send me snail mail. My computer is like my home, no one is ever allowed here unless I say it is ok, period.
No access to personal computers should be legal without the consent of the owner of that computer. An ISP has an agreement with the user, so access is needed, but this isn't much different than the water, power and sewer I have. The people running the utilities have certain accesses to my home in an odd way...
Where do I send this?
Does this mean that if my doormat says "welcome" Then anyone is free to break down my door and take all my stuff? If a judge actually accepted this argument he should be removed from the bench. It never ceases to amaze me how much is allowed to occur with computers that noone would tolerate out in the physical world.