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Also known as:Penal Code § 502 · PC 502 · CPC 502 · § 502 · computer crime · unauthorized access
Written by attorneys — see sources below.
A California statute that criminalizes knowingly accessing or using a computer system without authorization or in excess of authorized access and related acts such as copying or altering data.
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Unauthorized Scraping Leads to Liability
Power Ventures initially used Facebook's approved Connect program but then switched to independent scraping that bypassed the site's terms. Facebook sued alleging violations including under California Penal Code 502. The court held Power Ventures liable because its access and data gathering occurred without adherence to the platform's authorization rules.
Consultant Copies Locked Facility Logs
Lena pries open a locked door at ChemCore's shuttered plant to enter and secretly copy internal logs for a civil suit. She takes nothing tangible and plans to leave the premises undisturbed. Police arrest her upon exit. Her conduct satisfies the elements of unauthorized access to computer records under California Penal Code 502.
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Students Frequently Ask...
Does consent from the data owner negate liability under California Penal Code 502?
Consent can serve as a defense when it negates the lack of authorization element. If the owner explicitly invites the access and the type of alteration or copying that occurs, the conduct may fall outside the statute's prohibition on unauthorized acts.
ContractsDefenses to enforceability · Duress and undue influenceNEXTGENIntermediate