Matthew B. Kugler
84 Geo. Wash. L. Rev. 1568
Unauthorized use of computer systems is at the core of computer trespass statutes, but there is little understanding of where everyday people draw the line between permissible and impermissible computer use. This Article presents a study that measures lay authorization beliefs and punishment preferences for a variety of computer misuse activities. Though perceived authorization is strongly predictive of punishment preferences, many people view common misuse activities as unauthorized but not deserving of any meaningful punishment. Majorities also viewed as unauthorized many activities—such as ignoring a website’s terms of service, surfing the news while at work, or connecting to a neighbor’s unsecured wireless network—that scholars have argued are implicitly licensed. This divergence between perceived authorization and desired punishment presents a challenge for the trespass framework.
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