8.97 Obtaining Information by Computer-"Protected" Computer (18 U.S.C. Sec. 1030(a)(2)(C)).

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.97 Obtaining Information by Computer-"Protected" Computer (18 U.S.C. Sec. 1030(a)(2)(C)) is a federal law that prohibits the unauthorized access of a "protected" computer. A "protected" computer is defined as one that is used in interstate or foreign commerce or communication, affects interstate or foreign commerce or communication, or is used by the United States government. This law criminalizes the intentional access, without authorization, of a protected computer to obtain, alter, or damage information or to cause a “denial of service” attack. The penalties for this crime can include fines and jail time. There are two types of 8.97 Obtaining Information by Computer-"Protected" Computer (18 U.S.C. Sec. 1030(a)(2)(C)). The first type is the offense of obtaining information from a protected computer without authorization. This offense involves the unauthorized access of a protected computer to obtain information, whether the information is altered or deleted. The second type is the offense of damaging a protected computer. This offense involves the intentional damage, alteration, or destruction of information on a protected computer.

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