Unauthorized computer access does not include violating terms of service
In California, it is a crime to access a computer, computer data, or a computer network without permission. Unauthorized computer access can be charged as a misdemeanor or a felony, depending on the facts of the case, with penalties ranging from one to three years in jail and fines of between $5,000 to $10,000.
Generally, this law is used to prevent people from using computers in malicious ways, such as hacking into digital records, spreading viruses, and stealing private information. However, certain companies have used it to attempt to hold other companies criminally liable for using their websites in ways that they did not like. Recently, the Ninth Circuit Court of Appeals — the federal appeals court for California — held that this is not a crime under either federal law or California law.
In this specific case, Oracle’s terms of service prohibits visitors to its site from using automated methods to download support materials. However, a company named Rimini, which provides software support to its clients — and is a direct competitor to Oracle — used automated scripts to download files instead of doing so individually. Oracle initially sent Rimini a cease and desist letter, and when Rimini continued the practice, filed a lawsuit. A jury found Rimini guilty under both California and Nevada’s computer crime’s statutes. A judge upheld that verdict, finding that violating a website’s terms of service is considered using a computer without authorization or permission.
This decision was immediately appealed, as if it were allowed to stand it would mean that anyone who violates a website’s terms of service in any way could be subjected to criminal conduct, even if their behavior was completely innocent. It also made it unclear exactly what type of behavior would subject a person to criminal prosecution, as each website has its own terms of service, and the majority of people never read the terms of service for most websites that they visit (if they read any terms of service at all). The Ninth Circuit agreed, and found that neither California nor Nevada’s law applies to violating a website’s terms of use when a computer user has both permission and authorization to access and use the computer or data at issue — but is simply doing so in a way that the website owner does not like.
Technological crimes present many challenges, such as the ones described in the Oracle case. Many courts have not caught up with rapidly changing technology, and what it means to commit a computer crime such as unauthorized access. That is why it is vital to have a knowledgable Rancho Cucamonga criminal defense attorney to help break down challenging concepts for a court, and help to explain the facts of your case so that you can achieve the best possible outcome.
If you have been charged with a computer related or other crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
