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Legally Defining "Unauthorized" Computer Access

Posted by michael on from the breaking-and-entering dept.

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."

3 of 359 comments (clear)

  1. Which is worse? by jonfelder · · Score: 5, Interesting

    The fact that what constitutes "unauthorized access" is very broad, or that the penalties for "unauthorized access" are ridiculously out of whack. You could practically murder someone and spend less time in jail then if you commit a computer crime.

  2. Definition of illegal access by Anonymous Coward · · Score: 5, Interesting

    From a federal law perspective, "access" becomes illegal if use of the system exceeds $5K (say in CPU cycles), OR if ANY copying of information or information altering is done. Take a screen snapshot - illegal. Modify a system log to cover your tracks - illegal. Under federal law, "simple trespass" is not in itself illegal.

    HOWEVER, many states have local statutes making simple trespass illegal.

    Furthermore, if a SysAdmin notices someone unauthorized has been on the system, and their time and resources investigating the access exceeds $5K, you've hit the federal legal limit.

    Vic Vandal

  3. Re:Popups? by lightspawn · · Score: 5, Interesting

    One could say that a popup add "accesses" your computer in some way. Since it is also unauthorized, could it be illegal? :)

    Of course it's authorized. Your browser preferences allow pop-up to be displayed, or you'd never see them. The combination of your browser configuration and your request for a web page that contained Javascript code, plus the fact you authorized your browser (and by extension, the sites you access) to run such code, is all the authorization that is needed.

    Don't try solve technical problems by legal means. It wastes your time and annoys the pig.