Law / United States / 
Hawaii
Hawaii Computer Crime Law, Part IX (unauthorized computer access, computer fraud, computer damage)
Haw. Rev. Stat. §§ 708-890 to 708-895.7
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Accessing a computer, computer system, or computer network connected to Hawaii without the permission of its owner or rightful user, or in excess of the permission granted, is unauthorized access under this statute; ordinary automated retrieval of a public, unauthenticated page has not been tested against this definition by a Hawaii court.NIST AI RMFMAP 4.1
- Unauthorized access aggravated by commercial or financial gain, by furthering another crime, by obtaining information worth more than $20,000, or by obtaining information a statute or court rule protects, is unauthorized computer access in the first degree, a class A felony; unaggravated unauthorized access that obtains information is the second degree (class B felony), and unaggravated access alone is the third degree (class C felony).
- Knowingly accessing a computer with intent to commit theft is computer fraud, graded by the degree of theft intended, up to a class A felony.no control in the NIST AI RMF
- Knowingly or intentionally causing unauthorized damage to a computer, computer system, or computer network is computer damage, graded up to a class A felony where the computer manages or controls critical infrastructure.no control in the NIST AI RMF
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, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Unauthorized computer access, computer fraud, and computer damage are each graded first degree (class A felony, up to 20 years imprisonment and a fine up to $50,000 under Haw. Rev. Stat. §§ 706-659, 706-640), second degree (class B felony, up to 10 years and a $25,000 fine under §§ 706-660, 706-640), or third degree (class C felony, up to 5 years and a $10,000 fine under §§ 706-660, 706-640), depending on the offense's aggravating facts stated in each section.
Penalty structure
Maximum fine varies by felony class: class A (first-degree unauthorized computer access, computer fraud, or computer damage) up to $50,000 and up to 20 years imprisonment; class B (second degree) up to $25,000 and up to 10 years; class C (third degree) up to $10,000 and up to 5 years, under Haw. Rev. Stat. §§ 706-640(1), 706-659, 706-660.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 50,000
What it makes you log
Logging duty
Sections 708-890 to 708-892.5 and 708-895.5 to 708-895.7 define the terms and grade unauthorized computer access, computer fraud and computer damage by degree. None imposes a duty to create, keep or produce a log or record, and none contains a territorial clause.
- Kind
- None
- As of
What this law does
A person commits unauthorized computer access in the first, second, or third degree by knowingly accessing a computer, computer system, or computer network without authorization, with the first degree requiring an aggravating fact (commercial or private financial gain, furtherance of another crime, information worth more than $20,000, or information a statute or court rule protects from disclosure) and each lower degree dropping that requirement; the same Part separately grades computer fraud (access with intent to commit theft, sections 708-891 to 708-891.6) and computer damage (sections 708-892 to 708-892.6) into parallel first-through-third-degree tiers.
Section 708-890 defines "without authorization" as without the permission of, or in excess of the permission granted by, the computer's owner, lessor, or rightful user, the same permission-based test the federal Computer Fraud and Abuse Act uses. Section 708-893 separately makes using a computer to further certain listed offenses, including harassment, stalking, and violation of privacy, an offense one class or grade higher than the underlying crime. The sections this entry groups came into force on different days.
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