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What kind of intent do they have to prove? That he intended use this method to see if could access the information or that he intended to gather the information
by talmand 13y ago
What kind of intent do they have to prove? That he intended use this method to see if could access the information or that he intended to gather the information for other purposes?
- tptacek 13y agoThey have to prove the criminal intent behind the CFAA. They have to prove that you knew you shouldn't have access to the data; that you in effect deliberately lied to the computer. They have to make their case on both mens rea and actus reus. Not every criminal statute works that way (there are "strict liability crimes", like statury rape), but most do.