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Aramis posted:Do you mean mens rea in the sense of "I intend to do something nefarious", or "I know that I'm not supposed to be accessing this"? The intent requirement doesn't really work like that - it's about whether you intended to carry out the process to access data. Simply running whatever program, script, or scrapper is enough, along with having known or should have known that you did not have permission to access the data. You could defend against the mens rea element by providing evidence that you had actual permission from the data owner, or a reasonable person based on the information available at the time of the action would have thought they had permission.
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Jan 12, 2021 18:49
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| # ¿ May 14, 2024 15:29 |
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