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== Copyright law ==
 
== Copyright law ==
   
Under U.S. [[copyright law]], the term "access" means the “opportunity to review the [[copyrighted work]].”<ref>[[E.F. Johnson v. Uniden|E.F. Johnson Co. v. Uniden Corp. of America]], 623 F. Supp. 1485, 1492 n.5 (D. Minn. 1985).</ref> In traditional [[copyright infringement]] analysis, if the plaintiff cannot establish that the defendant [[copied]] a [[work]] by [[direct evidence]], it can satisfy its [[burden of proof]] by showing that the defendant had access to the [[copyrighted work]], and that the two [[work]]s are [[substantially similar]].
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Under U.S. [[copyright law]], the term "access" means the “opportunity to review the [[copyrighted work]].”<ref>[[E.F. Johnson v. Uniden|E.F. Johnson Co. v. Uniden Corp. of America]], 623 F. Supp. 1485, 1492 n.5 (D. Minn. 1985)([http://scholar.google.com/scholar_case?case=7748119006515759202&q=623+F.+Supp.+1485&hl=en&as_sdt=2002 full-text]).</ref> In traditional [[copyright infringement]] analysis, if the plaintiff cannot establish that the defendant [[copied]] a [[work]] by [[direct evidence]], it can satisfy its [[burden of proof]] by showing that the defendant had access to the [[copyrighted work]], and that the two [[work]]s are [[substantially similar]].
   
 
== Criminal law ==
 
== Criminal law ==
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=== Computer Fraud and Abuse Act ===
 
=== Computer Fraud and Abuse Act ===
   
“For purposes of the [[CFAA]], when someone sends an [[e-mail message]] from his or her own [[computer]], and the [[message]] then is [[transmit]]ted through a number of other [[computer]]s until it reaches its destination, the [[sender]] is making use of all of those [[computer]]s, and is therefore ‘accessing’ them.”<ref>[[AOL v. National Health Care|America Online, Inc. v. National Health Care Discount, Inc.]], 121 F. Supp. 2d 1255, 1273 (N.D. Iowa 2000).</ref>
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“For purposes of the [[CFAA]], when someone sends an [[e-mail message]] from his or her own [[computer]], and the [[message]] then is [[transmit]]ted through a number of other [[computer]]s until it reaches its destination, the [[sender]] is making use of all of those [[computer]]s, and is therefore ‘accessing’ them.”<ref>[[AOL v. National Health Care|America Online, Inc. v. National Health Care Discount, Inc.]], 121 F. Supp. 2d 1255, 1273 (N.D. Iowa 2000)([http://scholar.google.com/scholar_case?case=10361243305925433691&q=121+F.+Supp.+2d+1255&hl=en&as_sdt=2002 full-text]).</ref>
   
 
=== State computer crime laws ===
 
=== State computer crime laws ===

Revision as of 02:00, 29 November 2009

The term access is used in the information technology and information technology law contexts in a number of different ways. The following sections discuss some of the contexts in which the term "access" is used.

Computer system

(Noun) In general, access is the right to enter or make use of.

In the computer context, access refers to entry granted to a software path that establishes the right to use a system and its resources; to read, write, modify, or delete data; and/or to use software processes with various capabilities.

(Verb) To achieve the status of having access.

Copyright law

Under U.S. copyright law, the term "access" means the “opportunity to review the copyrighted work.”[1] In traditional copyright infringement analysis, if the plaintiff cannot establish that the defendant copied a work by direct evidence, it can satisfy its burden of proof by showing that the defendant had access to the copyrighted work, and that the two works are substantially similar.

Criminal law

Computer Fraud and Abuse Act

“For purposes of the CFAA, when someone sends an e-mail message from his or her own computer, and the message then is transmitted through a number of other computers until it reaches its destination, the sender is making use of all of those computers, and is therefore ‘accessing’ them.”[2]

State computer crime laws

In the area of computer crime, the term "access" is often used as an element of a criminal act. For example, under the California computer crime statute, the term "access" is defined as

to gain entry to, instruct, or communicate with the logical, arithmetical, or memory function resources of a computer, computer system, or computer network.[3]

In the Washington state computer crime law, "access" is defined as:

to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means.[4]

Government surveillance

In connection with surveillance by law enforcement, the term access has been defined as:

The technical capability to interface with a communications facility, such as a communications line or switch, so that law enforcement can monitor and receive call setup information and call content.[5]

Internet

“Individuals have a wide variety of avenues to access cyberspace in general, and the Internet in particular. In terms of physical access, there are two common methods to establish an actual link to the Internet. First, one can use a computer or computer terminal that is directly (and usually permanently) connected to a computer network that is itself directly or indirectly connected to the Internet. Second, one can use a ‘personal computer’ with a ‘modem’ to connect over a telephone line to a larger computer or computer network that is itself directly or indirectly connected to the Internet.”[6]

Privacy

Access refers to the user's ability to view the data collected about him or her, and to challenge its accuracy and completeness. "Access" is the third principle of "Fair information practice principles," along with (1) Notice, (2) Choice, and (4) Security.

References

  1. E.F. Johnson Co. v. Uniden Corp. of America, 623 F. Supp. 1485, 1492 n.5 (D. Minn. 1985)(full-text).
  2. America Online, Inc. v. National Health Care Discount, Inc., 121 F. Supp. 2d 1255, 1273 (N.D. Iowa 2000)(full-text).
  3. Cal. Penal Code §502.
  4. Wash. Rev. Code 9A.52.010(6).
  5. Office of Technology Assessment, Electronic Surveillance in a Digital Age, Glossary (July 1995).
  6. American Civil Liberties Union v. Reno, 929 F. Supp. 824, 832 (E.D. Pa. 1996), aff’d, Reno v. American Civil Liberties Union, 521 U.S. 844 (1997).