[comp.admin.policy] Excerpts of CA and VA Computer Crime Acts

marchany@vtserf.cc.vt.edu (Randy Marchany) (06/17/91)

In article <1991Jun14.130435.15229@rodan.acs.syr.edu> jstewart@rodan.acs.syr.edu (Ace Stewart) writes:
>Y'know, we seem to have a rash of "quoting the law without citing the
>case" incidents. I have not seen, thus far, anything in the law that
>says you may be prosecuted in court. I will happily admit ignorance,
>if someone could just _show_ me where the court cases and precedents
>were set here.
>Simply put, if you vocalize the "law" then cite the case and where you
>got your information. 
 
Ok, here are excerpts from the CA penal code and the VA Computer Crimes
Act. The full texts can be found in CA Title 13, section 502 and VA
Title 18, Article 7.1.

CA Title 13, section 502 - Unauthorized access to computers, computer
			   systems and computer data

....any person who commits any of the following acts is guilty of a
public offense:
1) knowingly accesses and without permission alters, damages, deletes,
destroys or otherwise uses any data, computer, computer system, or
computer network to either (A) devise or execute any scheme or artifice
to defraud, deceive or extort or (B) wrongfully control or obtain
property, money or data.
2) knowingly accesses and w/o permission takes, copies, or makes use of
any data from a computer, computer system or computer network or takes
or copies any supporting documentation, whether existing or residing
internal or external to a computer, computer system or computer network.
3) knowingly and w/o permission uses or causes to be used computer
services.
4) knowingly accesses and w/o permission adds, alters, damages, deletes
or destroys any data, computer software or computer programs which
reside or exist internal or external to a computer, computer system or
computer network.
5) knowingly and w/o permission disrupts or causes the disruption of
computer services or denies or causes the denial of computer services to
an authorized user of a computer, computer system or computer network.
6) knowingly and w/o permission provides or assists in providing a means
of accessing a computer, computer system or computer network in
violation of this section
7) knowingly and w/o permission accesses or causes to be accessed any
computer, computer system or computer network.
8) knowingly introduces any computer contaminant into any computer,
computer system or computer network.
 
*********************************************************

VA Title 18, Article 7.1 - VA Computer Crimes Act

18.2-152.3 Computer Fraud - Any person who uses a computer or computer
network w/o authority and with the intent to: 
	1. obtain property or services by false pretenses;
	2. Embezzle or commit larceny;
	3. Convert the property of another shall be guilty of the crime
of computer fraud. If the value of the property is $200 or more, the
crime of computer fraud shall be punishable as a Class 5 felony.

18-2-152.4 Computer Trespass - Any person who uses a computer or
computer network w/o authority and with the intent to:
	1. temporarily or permanently remove computer data, computer
	   programs or computer software from a computer or computer
	   network;
	2. Cause a computer to malfunction regardless of how long the 
	   malfunction persists;
	3. Alter or erase any computer data, computer programs or
	   computer software;
	4. Effect the creation or alteration of a financial instrument
	   or of an electronic transfer of funds;
	5. cause physical injury to the property of another or
	6. Make or cause to be made an unauthorized copy, in any form,
	   including but not limited to, any printed or electronic form
	   of computer data, computer program or computer software
	   residing in, communicated by or produced by a computer or
	   computer network shall be guilty of the crime of computer
	   trespass which shall be punishable as a Class 1 misdemeanor.

18.2-152.5 Computer Invasion of Privacy - A. A person is guilty of the
crime of computer invasion of privacy when he uses a computer or
computer network and intentionally examines w/o authority any
employment, salary, credit or financial or personal information relating
to any other person. "Examination" under this section requires the
offender to review the information relating to any other person after
the time at which the offender knows or should know that he is w/o 
authority to view the information displayed.
B. The crime of computer invasion of privacy shall be punishable as a
Class 3 misdemeanor.

18.2-152.6 Theft of Computer Services - Any person who willfully uses a
computer or computer network, with the intent to obtain computer
services
w/o authority, shall be guilty of the crime of theft of computer
services which shall be punishable as a Class 1 misdemeanor

18.2-152.7 Personal Trespass by Computer - A. A person is guilty of the
crime of personal trespass by computer when he uses a computer or
computer network w/o authorit and with the intent to cause physical
injury to an individual.
B. If committed maliciously, the crime of personal trespass by computer
sahll be punishable as a Class 3 felony. If such act be done unlawfully
but not maliciously, the crime of personal trespass by computer shall be
punishable as a Class 1 misdemeanor.

Please note that these are EXCERPTS of the above acts. It is a simple
matter to go to your local library and review the statutes for your
state/locality. 

	-Randy Marchany

brendan@cs.widener.edu (Brendan Kehoe) (06/18/91)

marchany@vtserf.cc.vt.edu wrote:
>Ok, here are excerpts from the CA penal code and the VA Computer Crimes
>Act. The full texts can be found in CA Title 13, section 502 and VA
>Title 18, Article 7.1.

 Which are available with about 20 others via anonymous FTP from
ftp.cs.widener.edu [192.55.239.132] in pub/cud/law.

-- 
     Brendan Kehoe - Widener Sun Network Manager - brendan@cs.widener.edu
  Widener University in Chester, PA                A Bloody Sun-Dec War Zone
  "Ya know, kitten tacos are really better than anything you've ever tasted
    before!"  "Oh, really."                              -- Rush Limbaugh

higgins@mp.cs.niu.edu (Greg Higgins) (06/21/91)

In article <1912@vtserf.cc.vt.edu> marchany@vtserf.cc.vt.edu (Randy Marchany) writes:
...[stuff deleted]
>VA Title 18, Article 7.1 - VA Computer Crimes Act
>
>18.2-152.3 Computer Fraud - Any person who uses a computer or computer
>network w/o authority and with the intent to: 
>	1. obtain property or services by false pretenses;
>	2. Embezzle or commit larceny;
>	3. Convert the property of another shall be guilty of the crime
>of computer fraud. If the value of the property is $200 or more, the
>crime of computer fraud shall be punishable as a Class 5 felony.
...[rest of stuff deleted]

The obvious lesson to learn from this is that if you must use a computer
to embezzle or commit larceny, etc. USE YOUR OWN. :-) .