A "trespass" is, by definition, an unauthorized "access." The federal statute and caselaw define "access" as "to use the recources of" a computer or network. It is not the ACCESS to the information without authorization that triggers the computer crime statute -- it is the access to the computer that is the crime.

Trespass to chattels is a different but analogous concept to actual or virtual trespass -- and isnt the same as unauthorized access, so the case, by its terms, does not apply to such trespasses -- but represents another extension of "computer crime" to things that are independent of computers. The court created a new crime of "improperly obtaining information stored at some point in time on a computer."

MDR

T

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