Monday, September 23, 2019

Summary of us vs morris 928 F .2d 504 (2d cir 1991) Essay

Summary of us vs morris 928 F .2d 504 (2d cir 1991) - Essay Example According to the appellant, the most that he could have been guilty of was exceeding his authorized access, a far less serious offence (US vs Morris 1991). Affirming the lower court’s conviction, the appellate court examined the legislative history of the 1986 Act. The 1986 amends a previous 1984 legislative provision which called for prosecution of persons who knowingly gained unauthorized access to federal interest computers and caused damages and prevented authorized use of the computer. The appellate court felt that the reason for the change from knowingly to intentionally was to ensure that persons who carelessly, mistakenly, or inadvertently gained unauthorized access to federal interest computers would not be caught by the act. Moreover, the mens rea of knowingly might not be appropriate in cases where computer technology was involved (US vs Morris 1991). However, the appellate court did not feel that the legislative intent to preclude inadvertent, mistaken and careless access to federal interest computers from criminal prosecutions in an appropriate case.

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