Computer Hacking
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Computer-hacking Lawyer in Los Angeles

Computer hacking is a violation of law with a likelihood of imprisonment and/or damages. Unfortunately because computer hacking is typically sophisticated and many times anonymous, the government is likely to investigate an innocent individual. Moreover, many attorneys do not have the background and/or knowledge to successfully defend or sue someone for Internet hacking. Someone involved with computer hacking needs the expertise of a strong attorney.

What Is Computer Hacking?

Computer hacking is breaking into computer systems, typically through the Internet, frequently with intentions to alter or modify existing settings. Sometimes malicious in nature, these intrusions may cause damage or disruption to computer systems or networks. People with malevolent intent are often referred to as "crackers"--as in "cracking" into computers.

"Hacking" entails approaching typically through the Internet, trespassing within, communicating with, storing data in, retrieving data from, or otherwise intercepting and changing computer resources without consent. These laws relate to either or both, or any other actions that interfere with computers, systems, programs or networks.

California Hacking Laws

Anti-Phishing Act of 2005 - California Business and Professions Code sections 22948-22948.3. This law prohibits "phishing," the act of posing as a legitimate company or government agency in an email, webpage, or other Internet communication in order to trick a recipient into revealing his or her personal information.

Computer Spyware - California Business and Professions Code section 22947 and following. This law prohibits an unauthorized person from knowingly installing or providing software that performs certain functions, such as taking control of the computer or collecting personally identifiable information, on or to another user's computer located in California.

Cyberbullying - California Education Code section 32261. This law defines bullying as one or more acts of sexual harassment, hate violence, or intentional harassment, threats, or intimidation, directed against school district personnel or pupils, committed by a pupil or group of pupils. Bullying, including bullying committed by means of an electronic act, as defined, including a post on a social network Internet website, is a ground on which suspension or expulsion may be based.

Cyber Exploitation - California Penal Code sections 502, 502.01, 647, 647.8, 786 and Civil Code § 1708.85. These provisions address cyber-exploitation, sometimes called “revenge porn.” Penal Code § 647 adds to the definition of disorderly conduct the intentional distribution of an image of another person’s intimate body parts, or engagement in specified sexual acts when a) the persons in the image agreed or understood that the image was to remain private, b) the person distributing the image knows or should have known that distribution of the image will cause serious emotional distress, and c) the person depicted in the image suffers the resulting distress. Penal Code §§ 502, 502.01, 647.8, and 786 define penalties, jurisdiction, search warrants, and forfeiture as related to cyber exploitation. Civil Code § 1708.85 creates a private right of action against any person who intentionally, and without the consent of the subject, distributes such photographs or recorded images.

Digital Privacy Rights for Minors - California Business and Professions Code sections 22580-22582. This law prohibits an operator of a website or online service directed to minors (California residents under 18) from marketing to minors products or services that the minors are legally prohibited from buying. The law also prohibits a website or online service from allowing a third party to market prohibited products to minors, or to share with a third party the personal information of a minor so the third party can market or advertise prohibited products or services to minors. The law also applies these prohibitions to an advertising service that knows an operator’s site or service is directed to a minor. The law allows a minor, who is a registered user of the operator’s site or service, to request and obtain removal of his or her content, with exceptions.

Medical Apps - California Civil Code 56.06. This law applies the prohibitions of the Confidentiality of Medical Information Act (CMIA) to any business that offers software or hardware that is designed to allow individuals to maintain their own medical information.

Online Privacy Protection Act of 2003 - Online Privacy Protection Act of 2003 - California Business and Professions Code sections 22575-22579. This law requires operators of commercial websites or online services that collect personal information on California consumers through a website to conspicuously post a privacy policy on the site and to comply with its policy. The privacy policy must, among other things, identify the categories of personally identifiable information collected about site visitors and the categories of third parties with whom the operator may share the information. The privacy policy must also provide information on the operator’s online tracking practices. An operator is in violation for failure to post a policy within 30 days of being notified of noncompliance, or if the operator either knowingly and willfully or negligently and materially fails to comply with the provisions of its policy. This law takes effect July 1, 2004.

Personal Information Collected on Internet - California Government Code section 11015.5. This law applies to state government agencies. When collecting personal information electronically, agencies must provide certain notices. Before sharing an individual's information with third parties, agencies must obtain the individual's written consent.

Public Officials, Online Privacy - California Government Code 6254.21. This law prohibits posting or displaying on the Internet the home address or telephone number of any elected or appointed official, as defined, if the official has made a written demand not to disclose his or her information. Entities receiving such a demand must remove the information immediately and ensure that it is not reposted.

Pupil Records Privacy: Digital Storage and Education Software - California Education Code section 49073.1. This law allows local educational agencies to contract with third parties, including cloud-based services, to store digital pupil records. The law requires these contracts to include specified provisions regarding the collection, use, and disclosure of information in pupil records. It also provides, among other things, that a contract that fails to comply with the law’s requirements be rendered void if certain conditions are satisfied.

Pupil Records: Social Media - California Education Code section 49073.6. This law prohibits schools school districts, county offices of education, and charter schools from collecting or maintaining information about pupils from social media for any purpose other than school or pupil safety. Among other things, it requires such entities to notify pupils and parents or guardians if they consider such a program and to provide an opportunity for public comment.

Reproductive Health Care, Online Privacy - California Government Code section 6218 and following. This law protects the personal safety of reproductive health care providers, employees, volunteers, and patients by prohibiting the posting of any such person's home address, phone number, or image on the Internet, under specified circumstances.

Safe at Home Participants, Online Privacy - California Government Code sections 6206.5, 6206.7, 6208, 6215.3, 6215.4, 6215.7, 6208.1, 6208.2, and 6218.01. This law provides participants in the Secretary of State's confidential address program, Safe at Home (for victims of domestic violence or stalking and reproductive health care providers, employees, and volunteers) with the right to demand the removal if their personal information, including home address and phone number, from online search engines or databases, and imposes related obligations on the operators of such search engines and databases.

Student Online Personal Information Protection Act (SOPIPA) - California Business & Professions Code sections 22584 et seq. This law restricts the use and disclosure of information about K-12 students. It prohibits operators of websites or online services used primarily and designed and marketed for K-12 school purposes from using information gathered from their sites or services to target advertising to or amass profiles on K-12 students, except in furtherance of a K-12 school purpose, as defined. It also prohibits such operators from selling students’ information or, except in certain special circumstances, disclosing covered information. It requires operators to use reasonable and appropriate security practices to protect the covered information from unauthorized access or use, and to delete a student’s covered information at the controlling school or district’s request.

Many states have enacted "computer hacking" laws or have laws that explicitly include electronic forms of communication within more traditional trespassing laws. This chart identifies only state laws that include specific references to computer hacking. However, other state laws may still apply to those who trespass or intrude on others online, although specific language may make the laws easier to enforce.

STATE CITE
Alabama Ala. Code  § 13A-8-102, § 13A-8-103
Alaska Alaska Stat. § 11.46.740
Arizona Ariz. Rev. Stat. Ann. § 13-2316
Arkansas  Ark. Stat. § 5-41-103, -104, -203
California Cal. Penal Code § 502
Colorado Colo. Rev. Stat. § 18-5.5-102
Connecticut Conn. Gen. Stat. § 53a-251
Delaware Del. Code tit. 11, § 932, § 933, § 934, § 935, § 936
Florida Fla. Stat. Ann. § 815.01 to 815.07
Georgia Ga. Code § 16-9-93, § 16-9-152, § 16-9-153
Hawaii Hawaii Rev. Stat. § 708-892, § 708-891.5, § 708-895.5, § 708-892.5
Idaho Idaho Code § 18-2202
Illinois Ill. Rev. Stat. ch. 720, § 5/16D-3, § 5/16D-4
Indiana Ind. Code § 35-43-1-4§ 35-43-2-3
Iowa Iowa Code § 716A.1 to 716A.16
Kansas Kan. Stat. Ann. § 21-3755
Kentucky Ky. Rev. Stat. § 434.845, § 434.850, § 434.851, § 434.853
Louisiana La. Rev. Stat. Ann. § 14:73.3, § 14:73.5, § 14:73.7
Maine Me. Rev. Stat. Ann. tit. 17-A, § 432 to 433
Maryland Md. Criminal Code Ann. § 7-302
Massachusetts Mass. Gen. Laws Ann. ch. 266, § 33A
Michigan Mich. Comp. Laws § 752.794§ 752.795
Minnesota Minn. Stat. § 609.87, § 609.88, § 609.89§ 609.891
Mississippi Miss. Code Ann. § 97-45-1 to 97-45-13
Missouri Mo. Rev. Stat. § 537.525, § 569.095, § 569.097, § 569.099
Montana Mont. Code Ann. § 45-2-101, § 45-6-310, § 45-6-311
Nebraska Neb. Rev. Stat. § 28-1343, § 28-1343.01, § 28-1344, § 28-1345, § 28-1346, § 28-1347
Nevada  Nev. Rev. Stat. § 205.473 to 205.492
New Hampshire N.H. Rev. Stat. Ann.  § 638:17§ 638:18
New Jersey N.J. Rev. Stat. § 2A:38A-3
New Mexico N.M. Stat. Ann. § 30-45-3, § 30-45-4, § 30-45-5
New York N.Y. Penal Law § 156.00 to 156.50
North Carolina  N.C. Gen. Stat. § 14-453 to 14-458
North Dakota N.D. Cent. Code § 12.1-06.1-08
Ohio Ohio Rev. Code Ann. § 2909.01§ 2909.07(A)(6), § 2913.01§ 2913.04
Oklahoma Okla. Stat. tit. 21, § 1951, § 1952, § 1953, § 1954, § 1955, § 1957, § 1958
Oregon Or. Rev. Stat. § 164.377
Pennsylvania 18 Pa.C.S.A. § 7601 - 7616
Rhode Island R.I. Gen. Laws § 11-52-1 to 11-52-8
South Carolina S.C. Code Ann. § 16-16-10 to 16-16-30
South Dakota S.D. Codified Laws Ann. § 43-43B-1 to § 43-43B-8
Tennessee Tenn. Code Ann. § 39-14-601, § 39-14-602
Texas Tex. Penal Code Ann. § 33.02
Utah Utah Code Ann. § 76-6-702, § 76-6-703
Vermont Vt. Stat. Ann. tit. 13, § 4101 to 4107
Virginia Va. Code § 18.2-152.2, -152.3, -152.4, -152.5, -152.5:1, -152.6, -152.7, -152.8, -152.12, § 19.2-249.2
Washington Wash. Rev. Code § 9A.52.110, § 9A.52.120, § 9A.52.130
West Virginia W. Va. Code § 61-3C-3, -4, -5, -6, -7, -8, -9, -10, -11, -12
Wisconsin Wis. Stat. § 943.70
Wyoming Wyo. Stat. § 6-3-501 to § 6-3-505

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