Using the Google search engine, which is interrogated by several keywords, an individual accidentally accesses, due to a flaw of it, the extranet system of the National Health Security Agency of the food, environment and work. Although he becomes aware, going up in the directory tree to the home page, that the connection to this system normally requires authentication by means of an identifier and a password, he continues and even downloads data, which it then distributes to third parties. The use of data recovery software comes easy here.
The Next Process
He is then prosecuted, released at first instance, but sentenced on appeal, both for fraudulent retention in an automated data processing system,the offense of fraudulent access is however removed in the circumstances and theft. The convict appeals in cassation to challenge the meeting of the constituent elements of the two offenses held against him. In particular, the incrimination of theft is, according to him, unsuited to the facts alleged against him, in the absence of protection of the data he copied and the dispossession suffered by professionals. The Court of Cassation nevertheless rejects the arguments: it notes that, in view of the findings of the Court of Appeal, the person concerned remained in an automated processing system after discovering that it was protected and removed data that it has used without the consent of its owner, and thus approves the conviction in its entirety.
The Main Case
This case according to the pseudonym of the user, thus gave