Hold on, Tex -- all this depends on the definition of "effective
consent".
Clearly this definition has to be able to cover standard Internet http
traffic to a public web server since the definition of access you
provided does not have any reference to the intent other than the use of
the term consent of the resource owner/provider and a requirement that
the party attempting access know of the access attempt. Does effective
consent have any reference to measures such as firewalls or TCP wrappers
designed to restrict Internet access or otherwise exclude on a host or
party basis?
On what basis is effective consent applicable? Being that this is
defined in the cited section on a system or network level, would it be
acceptable to port scan a publicly accessible web server and/or its
network? Could you provide a little more information on this point?
Eric wrote:
>
> (a) A person commits an offense if the person knowingly accesses
> a computer, computer network, or computer system without the
> effective consent of the owner.
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