Law / United States / 
Nebraska
Nebraska Computer Crimes Act, unauthorized access defined against a statutory computer security system
Neb. Rev. Stat. §§ 28-1343, 28-1343.01
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Section 28-1343.01 by itself applies only to a computer security system, so a public page with no login, access code, or conspicuous security warning is outside that section.
- Defeating a login wall or an access-code challenge is what this statute reaches: it is a Class IV felony where it creates a grave risk of causing the death of a person, a Class I misdemeanor where it creates a risk to public health and safety, and a Class II misdemeanor where it compromises the security of data.
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 terms-of-use notice or a robots.txt directive amount to "a conspicuous warning to a user that the user is entering a secure system" under Neb. Rev. Stat. section 28-1343(5)?
- Is a login that accepts any self-registered account a system that "requires a person seeking access to knowingly respond by use of an authorized code" under Neb. Rev. Stat. section 28-1343(5)?
What it makes you log
Logging duty
Section 28-1343.01 makes it an offense to penetrate a computer security system intentionally and without authority, and section 28-1343 defines the terms, including a computer security system as a program or device that protects data and displays a warning or requires an authorized code. Neither section requires a person to create, keep, produce or review a log or record, and neither states a territorial clause.
- Kind
- None
- As of
What this law does
Section 28-1343.01 provides that a person commits the offense of unauthorized computer access if the person intentionally and without authority penetrates a computer security system, with penalty tiers running from a Class II misdemeanor, where the offense compromises the security of data, up to a Class IV felony, where it creates a grave risk of causing a person's death.
Section 28-1343(5) defines computer security system precisely as a program or device that is intended to protect the confidentiality and secrecy of data and information stored in or accessible through the computer system, and that either displays a conspicuous warning to a user that the user is entering a secure system or requires a person seeking access to knowingly respond by use of an authorized code to gain access.
Taken together, a page with no login wall, no access code, and no conspicuous entry warning does not meet the definition of a computer security system, so a plain crawl of such a page does not penetrate one under this section.
When LexLint raises it
When your app profile says your app crawls the web.
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