Law / United States /
Iowa
Iowa Unauthorized Computer Access, with a private civil cause of action
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not knowingly access a computer, computer system, or computer network without authorization; copying, altering, or deleting data is a serious misdemeanor, and accessing a confidential record, utility or airport operational data, or a trade secret is an aggravated misdemeanor.
- The prosecuting attorney or an aggrieved person may bring civil proceedings in district court over conduct that violates the section, so unauthorized access can expose you to a civil suit as well as criminal liability.
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
Who enforces it
Settledness
- As of
- Open questions
- Does a person who retrieves data from an openly served website access a computer "without authorization" under Iowa Code section 716.6B(1) when the site's terms of use forbid automated collection?
- Does a website operator whose server was reached without damage count as an "aggrieved person" who may institute civil proceedings under Iowa Code section 716.6B(2)?
What it makes you log
Logging duty
Section 716.6B grades knowing access to a computer, computer system or computer network without authorization as an aggravated, serious or simple misdemeanor by the data touched, and lets the prosecuting attorney or an aggrieved person bring civil proceedings in district court. It requires no log or record and carries no territorial clause.
- Kind
- None
- As of
What this law does
Section 716.6B, titled Unauthorized computer access, penalties, civil cause of action, provides that a person who knowingly and without authorization accesses a computer, computer system, or computer network commits a simple misdemeanor for any access that is not an aggravated or serious misdemeanor, a serious misdemeanor if computer data is copied, altered, or deleted, and an aggravated misdemeanor if the data accessed contains a confidential record as defined in section 22.7, operational or support data of a public utility, rural water district, municipal utility or public airport, or a trade secret.
Subsection 2 provides that the prosecuting attorney or an aggrieved person may institute civil proceedings against any person in district court seeking relief from conduct constituting a violation of the section or to prevent, restrain, or remedy such a violation. Section 716.6B was added by 2000 Iowa Acts, chapter 1201, section 11, approved , as a simple misdemeanor for knowing access without authorization.
The serious and aggravated tiers and the civil proceedings in subsection 2 were added by 2002 Iowa Acts, chapter 1049, section 2, approved . Acts of a public nature passed at a regular session take effect on the first day of July following their passage unless the act provides otherwise, so section 716.6B took effect .
When LexLint raises it
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