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STATE v. NASCIMENTO

CC 09FE0092 CA A147290 SC S063197.

379 P.3d 484 (2016)

360 Or. 28

STATE of Oregon, Respondent on Review, v. Caryn Aline NASCIMENTO, Petitioner on Review.

Supreme Court of Oregon.

July 21, 2016.

Attorney(s) appearing for the Case

Daniel C. Bennett , Deputy Public Defender, Salem, argued the cause and submitted the brief for the petitioner. With him on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Patrick M. Ebbett , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent. With him on the brief was Ellen F. Rosenblum , Attorney General, and Anna Joyce , Solicitor General.

J. Ashlee Albies , Creighton & Rose PC, Portland, filed the brief for amicus curiae Electronic Frontier Foundation. With her on the brief was Jamie L. Williams , Electronic Frontier Foundation, San Francisco, California.

Before Balmer, C.J., and Kistler, Walters, Landau, Baldwin, Brewer, JJ.

The narrow but potentially far-reaching issue in this case is the scope of ORS 164.377(4), which makes it a crime to use, access, or attempt to access a computer or computer network "without authorization." The state argues that, although defendant's employer authorized her to use the computer terminal at issue here, defendant did so...

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