The California Comprehensive Computer Data Access and Fraud Act is in ยง502 of the
California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted ...
.
According to the State Administrative Manual of California, the purposes is as follows:
The Comprehensive Computer Data Access and Fraud Act (Penal Code Section 502) affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. It allows for civil action against any person convicted of violating the criminal provisions for compensatory damages.
Penalties Under the CCCDAFA:
According to the California Comprehensive Computer Data Access and Fraud Act, violations of the law are subject to criminal penalties. For violating some of the more major premises of the Act, the punishment can be up to a $10,000 fine and a 3-year prison term.
Notable cases:
*'People v. Hawkins' (2002)
**Hawkins had source code from his previous employer on his home machine.
*'Facebook v. ConnectU', LLC, (2007)
**
ConnectU
ConnectU (originally HarvardConnection) was a social networking website launched on May 21, 2004, that was founded by Harvard students Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra in December 2002. Users could add people as friends ...
gathered Facebook data using bots
*
Facebook, Inc. v. Power Ventures, Inc.
''Facebook, Inc. v. Power Ventures, Inc.'' is a lawsuit brought by Facebook in the United States District Court for the Northern District of California alleging that Power Ventures Inc., a third-party platform, collected user information from F ...
**Power Ventures scraped data from Facebook
*Facebook, Inc. v. John Does 1-10 (2007)
**Various people, including some associated with Istra Holdings, scraped Facebook for data.
*
SCEA v. George Hotz et al. (2011)
**
Jailbreaking of the
PlayStation 3
The PlayStation 3 (PS3) is a home video game console developed by Sony Interactive Entertainment, Sony Computer Entertainment. The successor to the PlayStation 2, it is part of the PlayStation brand of consoles. It was first released on Novemb ...
by
George Hotz
George Francis Hotz (born October 2, 1989), alias geohot, is an American security hacker, entrepreneur, and software engineer. He is known for developing iOS jailbreaks, reverse engineering the PlayStation 3, and for the subsequent lawsuit br ...
& associates of fail0verflow
See also
*
Illegal number
An illegal number is a number that represents information which is illegal to possess, utter, propagate, or otherwise transmit in some legal jurisdiction. Any piece of digital information is representable as a number; consequently, if communicat ...
*
John Doe
John Doe (male) and Jane Doe (female) are multiple-use placeholder names that are used when the true name of a person is unknown or is being intentionally concealed. In the context of law enforcement in the United States, such names are often ...
*
Mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
*
Terms of service
External links
Text of code at Findlaw
References
Eric Goldman
Eric Goldman (born April 15, 1968) is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute. and co-supervises the law school's Privacy Law Certificate.
Career overview
Goldman is ...
, (Law school professor), 2007 Dec, retrieved from blog.ericgoldman.org on 2011 03 06
[Intellectual property and computer crimes]
Peter Toren, Law Journal Press, 2003, page 9-20, via books.google.com on 2011 03 06
[California Code - Chapter 5: Larceny [484. - 502.9.]]
findlaw.com, retrieved from codes.lp.findlaw.com on 2011 03 06
[The California Comprehensive Computer Data Access and Fraud Act]
laws.com, retrieved from fraud.laws.com on 12 27 2012
ca.gov, retrieved from sam.dgs.ca.gov on 2011 03 06[Facebook, Inc. v. John Does 1-10 :: ]
Justia Dockets, filings, justia.com, retrieved from dockets.justia.com on 2011 03 06
[Porn spammers' lust for Facebook data lands them in court]
By Jacqui Cheng , Ars Technica, December 17, 2007 , retrieved from arstechnica.com on 2011 03 06
[When Is Data Scraping Breaking and Entering?]
Baer Crossey, baercrossey.com, retrieved 2011 03 06. Crossey gives the case identifying info as follows: 489 F.Supp.2d 1087 (N.D.Cal. 2007)
justia.com, retrieved from law.justia.com on 2011 03 06
{{DEFAULTSORT:California Comprehensive Computer Data Access And Fraud Act
Comprehensive Computer Data Access And Fraud Act
Fraud legislation
Fraud in the United States