The elements of a crime are generally the things that need to be shown in order for
someone to be prosecuted for that crime. These elements include consideration of the
potentially illegal activity in light of the precise meaning of ???access device,??? ???counterfeit
access device,??? ???unauthorized access device,??? ???scanning receiver,??? and other definitions
that together help to define the scope of application of the statute.
The term ???access device??? refers to a type of application or piece of hardware that is
created specifically to generate access credentials (passwords, credit card numbers,
Chapter 2: Ethical Hacking and the Legal System
19
PART I
Gray Hat Hacking: The Ethical Hacker??™s Handbook
20
long-distance telephone service access codes, PINs, and so on) for the purpose of unauthorized
access. Specifically, it is defined broadly to mean:
??¦any card, plate, code, account number, electronic serial number, mobile
identification number, personal identification number, or other
telecommunications service, equipment, or instrument identifier, or other
means of account access that can be used, alone or in conjunction with another
access device, to obtain money, goods, services, or any other thing of value, or
that can be used to initiate a transfer of funds (other than a transfer originated
solely by paper instrument).
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