Law / United States / Indiana

Indiana Computer Trespass, lack of owner's consent

Ind. Code § 35-43-2-3

In force since .

A computer misuse rule binding public and private bodies.

Audit expectation
none

What it requires

  • Do not access an Indiana-connected computer system or network without the owner's consent; the statute does not say whether serving a page openly is consent to an ordinary request for it, and an owner's express refusal, such as a written demand to stop or a block, leaves later access without consent.

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 an owner who serves a page to any visitor consent to an automated request for that page, so that the request is not access 'without consent from the owner' under IC 35-43-2-3(b)?
  • Does a written demand to stop, or a technical block, withdraw consent so that later automated access is 'without consent from the owner' under IC 35-43-2-3(b)?

What it makes you log

Logging duty

Section 35-43-2-3 defines access, computer network, computer system and hoarding program, makes it a Class A misdemeanor to knowingly or intentionally access a computer system or network without the owner's consent, makes use of a hoarding program to buy merchandise a Class C infraction, and makes selling, buying or distributing a hoarding program a Class C infraction. It imposes no duty to make, keep or produce a record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 35-43-2-3(b) provides that a person who knowingly or intentionally accesses a computer system, computer network, or any part of either without the consent of the owner or the owner's licensee commits computer trespass, a Class A misdemeanor. This is phrased as lack of the owner's consent, with no separate exceeds-authority prong. The same article separately punishes, at section 35-43-1-8, knowing and intentional unauthorized disruption or denial of computer system services.

When LexLint raises it

When your app profile says your app crawls the web.

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