Also known as: illegal accesses · illegally access · illegally accessed · illegally accessing · unauthorized access · unauthorised access
Written by attorneys · grounded in primary & secondary sources — see below
Conduct consisting of gaining entry to a protected computer system or confidential information without authorization. The act is complete upon intentional access that exceeds permitted boundaries and may trigger duties to implement safeguards against it.
Ida saved investigative notes on faculty misconduct to a shared firm folder accessible to all staff. A paralegal not assigned to the matter could open the files at any time. The storage choice exposed the client information to potential unauthorized access despite encryption and a general confidentiality policy.
Lori created a fictitious MySpace profile using a minor's name and photo. She used the profile to send messages that prompted the account holder to reveal personal details. The scheme allowed repeated entry into the protected online space without permission from the platform or the user.
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Illegal access occurs when a person intentionally enters a restricted system or file without permission. In a law firm, leaving client materials in a shared folder without access controls creates the risk of such entry by unassigned staff. The duty requires reasonable preventive measures tailored to the sensitivity of the information.
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A prior conviction for illegal access does not bar a later prosecution when the second offense requires proof of an additional fact and addresses a different harm. For example, a conviction for unauthorized file access does not preclude an insider trading charge that requires proof of tipping and trading activity.
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An acquittal bars a subsequent prosecution in another state when both cases rest on the same underlying conduct and no exception applies. The bar does not apply if the later offense was not yet completed when the first trial began.
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…Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. Specifically, Drew was charged with: (1) conspiracy to commit computer fraud and illegally accessing a protected computer, in violation of 18 U.S.C. §§ 371, 1030(a)(2)(C), and 1030(c)(2)(B)(ii); (2) computer fraud and illegally accessing a protected computer, in violation of 18 U.S.C. §§…