Matrix-Criminal Law Article 358 Intrusion of Computer

 

Title
Matrix-Criminal Law Article 358 Intrusion of Computer
Author
Rong-Geng Tsai
Keywords
computer crime, intrusion of computer, article 358 of criminal law, the Computer Fraud and Abuse Act of 1986, access a computer without authorization, or exceeding authorized access
Abstract
It is accurate for the legislature not to define what a computer is in article 358
because the absence of the definition makes it flexible for the law enforcement to
respond the rapid technology development. The legislature ought to visit CFAA
even though it wants to give a definition. This article suggests that actus reus requirements
of the current article 358 are improper. It is unnecessary to narrow
down the actus reus requirement to inputting other’s account and password, hacking
the protecting measure of a computer, and making use of the hole of computer
system. The proper actus reus requirement should be “accessing a computer without
authorization, or exceeding authorized access.” When interpreting and applying,
we could refer to CFAA and the judicial decisions thereof.
Abstract Article

6 Downloads

57 Downloads

Leave a Reply

Your email address will not be published. Required fields are marked *