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Abstract

This article is dedicated to dealing with one of the main computer related crimes namely unauthorized access. Unauthorized computer access has emerged as a great challenge to the computer industry long before computer crimes statutes had been enacted, so prosecutors have tried to subject the act to traditional offense provisions. Since such efforts failed or faced real legal difficulties, legislators have come to the conclusion that such an offense should be evaluated under a new criminal provision. Legislators are invited to enact specific computer crime statutes to criminalize the process of unauthorized access and make it a first order offense. In this context, it is essential for the criminal provision that the legislator will formulate to clarify and determine precisely the exact meaning of the terms associated with such a crime in order to block any possible explanations contrary to what the legislator intends, especially for such terms as 'access' and 'without authority'.

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Computer Law Commons

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