“Authorization” in the Context of Computer Crimes

I previously wrote a blog post about North Carolina’s computer-related crime statutes. Two of our computer crimes are accessing computers under G.S. 14-454 and accessing government computers under G.S. 14-454.1. Both statutes prohibit willfully accessing computers for the purpose of committing fraud or obtaining property or services by false pretenses. Both statutes also prohibit unauthorized access to computers, regardless of fraudulent intent. G.S. 14-453 defines authorization as having the consent or permission of the owner—or of the person licensed or authorized by the owner to grant consent or permission—to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. I’ve gotten several questions recently about the scope of unauthorized access under these statutes, and today’s post examines how these laws may be applied. Suppose a police officer is considering dating a woman he met online. The officer, like other officers in the state, has access to a database with information about offenders’ criminal history, outstanding warrants, residence, driver’s license status, and just about anything else stored on any government computer system. Out of sheer curiosity, the officer uses the police database to determine where the woman lives and whether she has a criminal record. Would the officer’s actions be considered unauthorized use within the meaning of G.S. 14-454.1(b)? What about if a DMV employee uses her work computer to log into her Facebook account? Would this employee’s actions be within the reach of the statute? We so far do not have any North Carolina [...]