Computer Crime Laws Chill Discovery of Customer Privacy Threats

You'd better think twice before testing your theory. Federal and state laws that criminalize unauthorized access to computers also hobble the rights of customers and security experts to use their own browsers to test whether a computer server adequately protects their data from thieves and fraudsters. This is true even if you don't damage, delete, alter or change anything and are acting solely with the intent to protect yourself and others. Under the Computer Fraud and Abuse Act, codified at 18 U.S.C. 1030, obtaining any information from a simple unauthorized access is a misdemeanor punishable by up to a year in jail, while the existence of other factors (such as causing damage or taking medical information) may make such access a felony. 18 U.S.C. 1030(a)(2)(c), (c)(2)(a). California's computer crime law (Penal Code section 502) also prohibits a number of unauthorized activities with computers and computer networks. Merely accessing a computer system without permission is an infraction under California law. (c)(7), (d)(3).

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