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8.96 Obtaining Information by Computer-From Financial Institution or...

8.96 Obtaining Information by Computer-From Financial Institution or Government.. . . . . . . Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B))

Name: 8.96 Obtaining Information by Computer-From Financial Institution or Government.. . . . . . . Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B))
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Federal - Jury Instructions - 9th Circuit - Criminal

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Multi-State

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US-JURY-9THCIR-8-96-CR

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 8.96 Obtaining Information by Computer-From Financial Institution or Government. Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B)) is a federal law that prohibits accessing a computer or computer network without authorization, with the intent to obtain, alter, or damage information from a financial institution or government agency. This includes accessing, or attempting to access, any computer systems or networks containing financial data or government information, as well as knowingly obtaining or attempting to obtain such information. There are two types of 8.96 Obtaining Information by Computer-From Financial Institution or Government. Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B)): 1. Unauthorized Access: This is when someone gains access to a computer system or network without authorization from the owner or operator of the system or network. 2. Unauthorized Use: This is when someone uses a computer system or network without authorization from the owner or operator of the system or network, in order to obtain, alter, or damage information from a financial institution or government agency.

8.96 Obtaining Information by Computer-From Financial Institution or Government. Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B)) is a federal law that prohibits accessing a computer or computer network without authorization, with the intent to obtain, alter, or damage information from a financial institution or government agency. This includes accessing, or attempting to access, any computer systems or networks containing financial data or government information, as well as knowingly obtaining or attempting to obtain such information. There are two types of 8.96 Obtaining Information by Computer-From Financial Institution or Government. Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B)): 1. Unauthorized Access: This is when someone gains access to a computer system or network without authorization from the owner or operator of the system or network. 2. Unauthorized Use: This is when someone uses a computer system or network without authorization from the owner or operator of the system or network, in order to obtain, alter, or damage information from a financial institution or government agency.

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The Computer Fraud and Abuse Act (18 U.S.C. § 1030) (CFAA) imposes criminal and civil liability for unauthorized access or damage to a protected computer. The law reaches every computer connected to the internet and non-networked computers used by the US government or financial institutions.

§1030. Fraud and related activity in connection with computers. (C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss.

The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization, but fails to define what ?without authorization? means. With harsh penalty schemes and malleable provisions, it has become a tool ripe for abuse and use against nearly every aspect of computer activity.

1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud.

In addition to imposing criminal penalties, the CFAA provides a private, civil cause of action for persons or entities harmed by a perpetrator's unauthorized access.

Computer Fraud and Abuse Act. In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA), now codified under Title 18 U.S. Code § 1030. This law makes it a federal crime to gain unauthorized access to ?protected? computers (otherwise known as ?hacking?) with the intent to defraud or do damage.

Unauthorized computer access, popularly referred to as hacking, describes a criminal action whereby someone uses a computer to knowingly gain access to data in a system without permission to access that data. Hacking is illegal under both California and federal law, and can result in heavy penalties.

Protected computers is a term used in Title 18, Section 1030 of the United States Code, (the Computer Fraud and Abuse Act) which prohibits a number of different kinds of conduct, generally involving unauthorized access to, or damage to the data stored on, "protected computers".

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8.96 OBTAINING INFORMATION BY COMPUTER—FROM FINANCIAL INSTITUTION OR GOVERNMENT COMPUTER (18 U.S.C. § 1030(a)(2)(A) and (B)). §1030. Fraud and related activity in connection with computers.Section 1030 describes a number of offenses that occur when a defendant accesses a protected computer "without authorization. Section 1030(a)(5)(A)) can now be prosecuted under the RICO statute. C. Accessing a Computer and Obtaining Information: 18 U.S.C. § 1030(a)(2). It is a cyber security law. U.S.C. § 1030(a)(1)). 8.78. 8.96. 9 19 U.S.C. § 2411(b)(2). 10 See Addressing China's Laws, Policies, Practices, and Actions Related to Intellectual Property, Innovation, and. NA-15 Disproportionately Greater Need: Housing Problems – 91.

8.96 Obtaining Information by Computer-From Financial Institution or Government.. . . . . . . Computer (18 U.S.C. Sec. 1030(a)(2)(A) and (B))

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