Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience

The common law doctrine of trespass to chattels has recently been revived and applied by courts in the United States (US) to cover intrusions (in the form of electronic signals) to computer systems connected to the Internet. These cases represent judicial recognition of the need to protect certain u...

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Main Author: WONG, Mary W. S.
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2007
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Online Access:https://ink.library.smu.edu.sg/sol_research/2820
https://ink.library.smu.edu.sg/context/sol_research/article/4778/viewcontent/Cyber_trespass_2007_afv.pdf
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spelling sg-smu-ink.sol_research-47782018-12-13T00:48:29Z Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience WONG, Mary W. S. The common law doctrine of trespass to chattels has recently been revived and applied by courts in the United States (US) to cover intrusions (in the form of electronic signals) to computer systems connected to the Internet. These cases represent judicial recognition of the need to protect certain unwanted intrusions in cyberspace, though the principles developed therewith are remarkably expansive. As such, they overlap with the concept of ‘unauthorized access’ under computer misuse legislation in the US and elsewhere. This overlap has yet to be judicially acknowledged. Since the US, the United Kingdom and other common law countries not only share a common law ancestry but also ‘unauthorized access’ principles as the primary trigger for computer misuse, this paper seeks to examine the consequences of developing a broad cyber-trespass doctrine beyond the US, and its corresponding implications for judicial interpretations of ‘unauthorized access’ in the common law world. 2007-03-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2820 info:doi/10.1093/ijlit/eal014 https://ink.library.smu.edu.sg/context/sol_research/article/4778/viewcontent/Cyber_trespass_2007_afv.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Internet Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Internet Law
spellingShingle Internet Law
WONG, Mary W. S.
Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience
description The common law doctrine of trespass to chattels has recently been revived and applied by courts in the United States (US) to cover intrusions (in the form of electronic signals) to computer systems connected to the Internet. These cases represent judicial recognition of the need to protect certain unwanted intrusions in cyberspace, though the principles developed therewith are remarkably expansive. As such, they overlap with the concept of ‘unauthorized access’ under computer misuse legislation in the US and elsewhere. This overlap has yet to be judicially acknowledged. Since the US, the United Kingdom and other common law countries not only share a common law ancestry but also ‘unauthorized access’ principles as the primary trigger for computer misuse, this paper seeks to examine the consequences of developing a broad cyber-trespass doctrine beyond the US, and its corresponding implications for judicial interpretations of ‘unauthorized access’ in the common law world.
format text
author WONG, Mary W. S.
author_facet WONG, Mary W. S.
author_sort WONG, Mary W. S.
title Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience
title_short Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience
title_full Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience
title_fullStr Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience
title_full_unstemmed Cyber-trespass and 'unauthorized access' as legal mechanisms of access control: Lessons from the US experience
title_sort cyber-trespass and 'unauthorized access' as legal mechanisms of access control: lessons from the us experience
publisher Institutional Knowledge at Singapore Management University
publishDate 2007
url https://ink.library.smu.edu.sg/sol_research/2820
https://ink.library.smu.edu.sg/context/sol_research/article/4778/viewcontent/Cyber_trespass_2007_afv.pdf
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