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What is a Protected Computer? Exploring Its Legal Definition
Definition & Meaning
A protected computer is defined under 18 U.S.C. § 1030 as any computer that is used in interstate or foreign commerce or communication. This includes computers located outside the United States that impact U.S. interstate or foreign commerce or communication. Essentially, if a computer is connected to the internet or used for activities that cross state or national borders, it is considered a protected computer.
Table of content
Legal Use & context
The term "protected computer" is commonly used in federal law, particularly in cases involving computer crimes, such as unauthorized access or hacking. It is relevant in various legal areas, including:
Cybersecurity law
Criminal law
Intellectual property law
Individuals and organizations may need to utilize legal forms related to cybersecurity or data protection, which can be found in resources like US Legal Forms. These templates can help users navigate legal requirements effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company based in California uses a server located in Canada to process customer transactions. This server is considered a protected computer because it is involved in interstate commerce.
Example 2: A person in New York accesses a website hosted in Europe that sells products to U.S. customers. The computer used to access this site is also classified as a protected computer. (hypothetical example)
Relevant laws & statutes
The primary statute governing protected computers is:
18 U.S.C. § 1030: This statute outlines various computer-related offenses, including unauthorized access and fraud involving protected computers.
Comparison with related terms
Term
Definition
Difference
Protected Computer
A computer used in interstate or foreign commerce.
Focuses on the commerce aspect.
Computer
A device for processing data.
More general; does not include the commerce aspect.
Unauthorized Access
Accessing a computer without permission.
Refers to actions taken against protected computers.
Common misunderstandings
What to do if this term applies to you
If you believe your computer usage may fall under the definition of a protected computer, consider the following steps:
Review your computer's usage to determine if it involves interstate or foreign commerce.
Consult legal templates on US Legal Forms to understand your rights and responsibilities.
If you face legal issues related to computer usage, seek professional legal assistance to navigate the complexities.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.