EcuadorCOIP, acceso no consentido a un sistema informático
Código Orgánico Integral Penal (COIP), art. 234 (acceso no consentido a un sistema informático)
In force since .
A computer misuse rule binding public and private bodies.
- Criminal exposure
- Yes
- Private right of action
- No
- Criminal exposure note
- Three to five years' imprisonment on conviction (art. 234).
- Audit expectation
- none
What it requires
- Do not access, in whole or in part, a computer, telematic, or telecommunications system without authorization, or remain inside it against the will of the person with the legitimate right, to exploit the access, modify a web portal, divert data or voice traffic, or offer the system's services to third parties without paying the legitimate provider.
- Reading a public, unauthenticated page without defeating an access control has not itself been held to violate this article.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Article 234 defines an offence: unauthorized access to, or remaining in, a computer system. It imposes no duty to create, keep, produce or review a log or record, and it carries no territorial clause of its own.
- Kind
- None
- As of
What this law does
Article 234 punishes, with three to five years' imprisonment, a person who, without authorization, accesses all or part of a computer, telematic, or telecommunications system, or remains inside it against the will of the person with the legitimate right, in order to unlawfully exploit the access obtained, modify a web portal, divert or redirect data or voice traffic, or offer the services those systems provide to third parties without paying the legitimate service providers.
Because the offence's trigger is unauthorized access exploited for one of those listed purposes, reading a public, unauthenticated page without defeating an access control and without one of the listed purposes falls outside a plain reading of the provision.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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