[net.general] Oregon Computer Crime Legislation

hutch@shark.UUCP (Stephen Hutchison) (06/06/85)

stever@tektronix.UUCP (Steven D. Rogers) was kind enough to post this
information to tek.general and or.general.  I think it is of interest
to the net at large.  (At least, to the net at north america.  Hope
the distribution field works!)  -Hutch

Comments on it have been,
"... makes it a misdemeanor to read the time [from my] digital watch
without my permission and a felony to change the time [on that same watch]
without my authorization..." - Andrew Klossner

" a personal interpretation of section 4 leads me to believe that
one could be charged for a misdemeanor offence, if caught using
copyrighted software that you did not buy, by [any local authority] vs.
the very remote chance of a vendor ever getting involved with
[someone using such software on a personal basis]...
(by the way I do believe that when one uses
a piece of software seriously then one should pay for it--
speaking both as a user and a software developer)"  - Steven Rogers


Text of the amendment:

	Proposed Amendment to HB 2795-4  5/9/85   pages 3-5
	  
	SECTION 8.  (1) As used in this section:

	(a) To *access* means to instruct, communicate with, store data
	in, retrieve data from or otherwise make use of any resources of
	a computer, computer system or computer network.

	(b) *Computer* means, but is not limited to, an electronic
	device which performs logical, arithmetic or memory functions
	by the manipulations of electronic or magnetic impulses, and
	includes all input, output, processing, storage, software or
	communication facilities which are connected or related to 
	such a device in a system or network.
	  
	(c) *Computer network* means, but is not limited to, the
	interconnection of communication lines, including microwave
	or other means of electronic communication, with a computer
	through remote terminals or a complex consisting of two or
	more interconnected computers.

	(d) *Computer program* means, but is not limited to, a series
	of instructions or statements, in a form acceptable to a
	computer, which permits the functioning of a computer system
	in a manner designed to provide appropriate products from such
	computer system.

	(e) *Computer software* means, but is not limited to, computer
	programs, procedures and associated documentation concerned with
	the operation of a computer system.

	(f) *Computer system* means, but is not limited to, a set of
	related, connected or unconnected, computer equipment, devices
	and software.

	(g) *Property* includes, but is not limited to, financial 
	instruments, information, including electronically produced
	data, and computer software and programs in either machine
	or human readable form, and any other tangible or intangible
	item of value.

	(h) Services include, but are not limited to, computer time,
	data processing and storage functions.

	(2)  Any person commits computer crime who knowingly accesses,
	attempts to access or uses, or attempts to use, any computer,
	computer system, computer network or any part thereof for the
	purpose of:

	(a) Devising or executing any scheme or artifice to defraud;

	(b) Obtaining money, property or services by means of false
	or fradulent pretenses, representations or promises; or

	(c) Committing theft.

	(3) Any person who knowingly and without authorization alters,
	damages or destroys any computer, computer system, computer
	network, or any computer software, program, documentation or
	data contained in such computer, computer system or computer
	network commits computer crime.

	(4)  Any person who knowingly and without authorization uses,
	accesses or attempts to access any computer, computer system,
	computer network, or any computer software, program, documentation
	or data contained in such computer, computer system or computer
	network, commits computer crime.

	(5) A violation of the provisions of subsection (2) or (3) of
	this section shall be a felong.  A violation of the provisions
	of subsection (4) of this section shall be a misdemeanor.