Beijing Paradise BBS Backup/PARADISE.ISO/software/BBSDOORW/BBSLAW03.ZIP/GA-LAW.STA

Text File | 1993-03-21 | 7.6 KB | 173 lines

/* R FRINGE COMMENTARY- The Georgia Computer Crimes Law follows,
Official Code of Georgia, Title 16 Section 9-91, adopted  1981*/

SECTION 16-9-91 Legislative intent

     The General Assembly finds that:

     (1) Computer related crime is a growing problem in the
government and in the private sector;

     (2) Such crime occurs at great cost to the public since
losses for each incident of computer crime tend to be far greater
than the losses associated with each incident of other white
collar crime;

     (3) The opportunities for computer related crimes in state
programs and in other entities which operate within the state
through the introduction of fraudulent records into a computer
system, unauthorized use of computer facilities, alteration or
destruction of computerized information files, and the stealing
of financial instruments, data, or other assets are great;

     (4) Computer related crime operations have a direct affect
on state commerce; and

     (5) The prosecution of persons engaged in computer related
crime is difficult under current Georgia statutes.

SECTION 16-9-92 Definitions

     As used in this article, the term:

    (1) "Access" means to approach, instruct, communicate with,
store data in, retrieve data from, or otherwise make use of any
of the resources of  a computer, computer system or computer
network.

    (2) "Computer" means an internally programmed, general-
purpose, digital device that automatically processes substantial
data.

    (3) "Computer network" means a set of two or more computer
systems that automatically transmit data over communication
circuits connecting them.

    (4) "Computer program" means an ordered  set of data that are
coded instructions or statements that when executed by a computer
causes the computer to process data.

    (5) "Computer software" a set of computer programs,
procedures, and associated documentation concerned with the
operation of a computer system.

    (6) "Computer system" means a set of connected devices
including a computer and possibly other devices, such as data
input, output or storage devices, data communication circuits,
and operating system computer programs that make the system
capable of performing special-purpose data processing tasks for
which it is specified.

    (7) "Data" means a representation of information, knowledge,
facts, concepts, or instruments which is being prepared or have
been prepared in a formalized manner and is intended to be
processed, is being processed or has been processed in a computer
system or computer network; which should be classified as
intellectual property; and which may be in any form, including,
but not limited to, computer printouts, magnetic storage media,
punched cards, or stored internally in the memory of the
computer.

     (8) "Financial instrument" means any check, draft, money
order, certificate of deposit, letter of credit, bill of
exchange, credit card, or marketable security, or any computer
system representation thereof.

     (9) "Property" includes, but is not limited to, financial
instruments, data, computer programs, documentation associated
with data and computer system and programs, all in machine-
readable or human-readable form, and any other tangible or
intangible item of value.

     (10) "Services" includes, but is not limited to, providing
a computer system to perform tasks.

SECTION 16-9-93 Accessing of computers, etc., for fraudulent
purposes; authorized access, alteration, destruction, etc., of
computers, etc.

     (a) Any person who knowingly and willfully, directly or
indirectly, without authorization, accesses, causes to be
accessed or attempts to access any computer, computer system,
computer network, or any part thereof which, in whole or in part,
operates in commerce or is owned by, under contract to, or in
conjunction with state, county, or local government, or any
branch, department, or agency thereof, an business, or any entity
operating in or affecting commerce for the purpose of:

     (1) Devising or executing any scheme or artifice to defraud;
or,

     (2) Obtaining money, property, or services for themselves
or another by means of false or fraudulent pretenses,
representations or promises,

upon conviction thereof, shall be fined a sum of not more than
two and one-half times the amount of the fraud or theft or
imprisoned not more than 15 years, or both.

     (b) Any person who intentionally and without authorization,
directly or indirectly accesses, alters, damages, destroys or
attempts to damage or destroy any computer, computer system,
computer network, or any computer software, program or data, upon
conviction thereof, shall be fined not more than $ 50,000.00 or
imprisoned not more than 15 years, or both.

SECTION 16-9-94 Venue

     For the purpose of venue under this article, any violation
of this article shall be considered to have been committed:

/*"Venue" is the law of where a case will be heard. Venue is easy
in an armed robbery of a liquor store, since you know where the
crime took place, and ordinarily, crimes are tried in the area
where they took place. But in computer crime, it is very hard to
figure out where the crime took place. The venue provision of
Georgia basically says that it can be tried wherever you can
catch the baddie. */

     (1) In any county in which an act was performed in
furtherance of any transaction which violated this article;

     (2) In the county of the principal place of business in
this state of the owner or lessee of a computer, computer system,
computer network or any part thereof;

/*Caught them! This section is gibberish. This literally means
that anywhere where someone owns a computer is a good place to
try any computer crime. I think that they mean the place of
business where the owner of a computer that was illegal accessed
or affected is located, but, then again, it could refer to where
the criminal has his place of business. */

     (3) In any county in which any violator had control or
possession of any proceeds of the violation or of any books,
records, documents, property financial instrument, computer
software, computer program, or other material or objects which
were used in furtherance of this violation; and

     (4) In any county from which, to which, or through which any
access to a computer or computer network was made, whether by
wire, electromagnetic waves, microwaves, or any other means of
communication.

SECTION 16-9-95 Duty to report violation of this article;
immunity from liability for making such report

     It is the duty of every business, partnership, college,
university, person, state, county or local government agency
department or branch thereof; corporation, or other business
entity which has reasonable grounds to believe that a violation
of this article has been committed to report promptly the
suspected violation to law enforcement authorities. When acting
in good faith, such business, partnership, college, university,
person, state, county, or local governmental agency or department
or branch thereof, or other business entity shall be immune from
any civil liability for such reporting.

/* The snitch act. Well, if you turn someone in for violating
computer crimes, and then they win the case, you will probably be
sued for malicious prosecution anyway, and will have to go to the
jury on your good faith anyway. There is no penalty mentioned for
failure to comply with this duty. Be very careful not to report
anyone who might get off!!! */