What legal defenses exist for unauthorized computer access under Georgia law?
Unauthorized computer access in Georgia is addressed under the Georgia Computer Systems Protection Act, O.C.G.A. 16-9-90 and following, which includes offenses such as computer trespass. A defense works through the two elements that anchor the offense, authority and intent.
The lack of authority is a central element. The relevant offenses generally require that a person used a computer or network without authority, so whether a person actually had authorization, or reasonably believed they did, can be significant. Whether the use was genuinely without authority receives close attention in the analysis.
Intent is significant. Offenses such as computer trespass generally require an intent to engage in particular conduct, such as deleting, obstructing, or damaging data, so whether a person acted with that intent can bear on the charge. The mental state behind the conduct is examined.
The nature of the conduct is examined. Whether a person actually engaged in the conduct the statute prohibits, as opposed to authorized or innocuous use, can be central. What the person actually did, and whether it falls within the offense, is examined.
Defending an unauthorized computer access charge generally focuses on whether the use was genuinely without authority, whether the required intent was present, and the nature of the conduct. The question of authorization, the mental state, and what the person actually did are what such a defense ultimately turns on. A genuine lack of authority, set against a reasonable belief that access was permitted, frequently sits at the center of such a case.