To "exceed authorized access" refers to the act of entering a computer system with permission but then using that access to obtain or change information that the user is not allowed to access or modify. This definition is important in understanding computer security laws and regulations.
This term is primarily used in the context of computer and cyber law. It often arises in cases involving unauthorized data access, hacking, or misuse of sensitive information. Legal professionals may encounter this term in various areas, including:
Users can manage some aspects of these legal issues themselves with tools like US Legal Forms, which provide templates for relevant legal documents.
Here are a couple of examples of abatement:
Here are a couple of examples to illustrate the concept:
One of the key statutes related to exceeding authorized access is the Computer Fraud and Abuse Act (CFAA). This federal law prohibits unauthorized access to computer systems and outlines penalties for violations. Other relevant laws may include state-specific computer crime statutes.
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Stricter penalties for unauthorized access involving personal data. |
| Texas | Includes specific provisions for accessing government databases. |
| New York | Has additional laws protecting financial data from unauthorized access. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Unauthorized Access | Accessing a computer system without permission. | Does not require prior authorization; simply entering without permission. |
| Data Breach | Unauthorized access that results in the exposure of sensitive information. | Focuses on the outcome of unauthorized access rather than the act itself. |
If you believe you have exceeded authorized access or are facing allegations of doing so, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Penalties | Fines, imprisonment, or both, depending on severity. |
| Jurisdiction | Federal and state courts. |
| Common Defenses | Lack of intent, misunderstanding of access rights. |
It occurs when a person accesses a computer system with permission but uses that access to obtain or alter information they are not entitled to.