Law note · Nebraska
Nebraska Computer Crimes Act, unauthorized access defined against a statutory computer security system
What it asks of an app
- A public page with no login, access code, or conspicuous security warning does not meet this statute's own definition of a computer security system, so a plain crawl of it does not, on the text, expose you under section 28-1343.01.
- Defeating a login wall or an access-code challenge is squarely what this statute reaches, and it is a felony where it creates a grave risk of death or a risk to public health and safety.
When LexLint raises it
crawls_web
What we found
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 up to a Class IV felony depending on the risk created.
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.
Read together, a page with no login wall, no access code, and no conspicuous entry warning does not meet Nebraska's own statutory definition of a computer security system, so a plain crawl of such a page cannot, on the text, penetrate one, a materially clearer and more scraper-favorable authorization test than a bare without authorization formulation. No reported Nebraska case has applied this to scraping specifically, but the statutory text itself is the controlling authority.