4 ms·
"Whoever... intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any protected computer
by elpool2 14y ago
"Whoever... intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any protected computer. A protected computer is any computer which is used in or affecting interstate or foreign commerce or communication."
His blog seems to be used in foreign communication, it can be accessed from foreign countries. Does that make it a "protected computer"? I accessed his computer and received information. And I was never "authorized" to do so, except through the implied openness of the web, which the law doesn't seem to mention at all.
- danielweber 14y agoOrin Kerr has an excellent paper on the state of the law in this area that I'm too lazy too Google right now. But while the courts have occasionally ruled that "access" is "any access," other courts have realized how stupid this is and have moved away from that strict meaning. "Protected computer" is explicitly defined.