ILLEGAL ACCESS AND INTERCEPTION

Cybercrime offenses under Section 4(a) (how many, and what are they?)

Six: 1) Illegal Access 2) Illegal Interception 3) Data Interference 4) System Interference 5) Misuse of Devices 6) Cybersquatting

Illegal access

Intentional access to the whole or any part of a computer system WITHOUT RIGHT.

Elements of illegal access (2)

1) There is intentional access to a computer system, in whole or in part. 2) The person has no right of access to the system.

Does illegal access have to succeed?

NO. The law only requires intentional access without right. It does NOT require the access to be successfully completed. A failed password guess still counts.

Illegal access example 1

A registrar's staff forgot to log out; a student-assistant used the account to print his cousin's record. Illegal access.

Illegal access example 2

Staff logged out; the student-assistant tried to guess the username and password but failed. STILL illegal access.

What happens when you share your password?

You lose any reasonable expectation of privacy regarding the code you shared (password, access code, pincode, etc.).

Illegal interception

Interception by TECHNICAL MEANS, without right, of any NON-PUBLIC transmission of computer data to, from, or within a computer system, including electro-magnetic emissions from a computer system carrying that data.

"Interception" means…

Recording, monitoring, or surveillance of the CONTENT of communications, either directly (through access and use of a computer system) or indirectly (through electronic eavesdropping or tapping devices), at the same time the communication is occurring.

Elements of illegal interception (4)

1) Intentional. 2) By technical means. 3) Without any right. 4) The transmission of computer data to, from, or within a computer system is non-public.

2010 election compact flash case: is swapping the cards illegal interception?

NO. In 2010, 85% of results were sent electronically and 15% were delivered as compact flash cards to the municipal level. Physically swapping cards is not done through TECHNICAL means, so it is not illegal interception.

Illegal access vs illegal interception (memory trick)

Access = getting INTO a system without right. Interception = capturing NON-PUBLIC data in transit using TECHNICAL means.