Unauthorized Computer Access (H 7509, S 2608)

Another part of the Attorney General’s package of legislation dealing with computer crimes carried still more concerns about the breadth of these changes. In March and April, the ACLU testified before the Senate and House Judiciary committees, respectively, that legislation prohibiting unauthorized access to a computer could penalize a larger number of individuals than intended. Under the legislation, any person who accessed a computer without or in excess of their existing authorization would be guilty of a felony and subject to five years in prison, including whistleblowers and overzealous spouses. Similarly broad language appearing in federal law has created a number of interpretation issues in federal court; the ACLU urged the language be amended before passage. Neither bill received a committee vote before the end of the session.