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Unauthorized Access And Taking Data From Computer

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Garrabrants v. Erhart (2023) 98 Cal. App. 5th 486

Penal Code 502(c)(2) prohibits knowingly accessing and without permission taking, copying, or making use of any data from a computer, computer system, or computer network.  Section 502(e)(1) grants a private right of action to an owner or lessee of the data who suffers damage from a violation of section 502(c)(2).  This deciison holds that the trial court erred in giving… Read More