home *** CD-ROM | disk | FTP | other *** search
- /* R FRINGE COMMENTARY- The Kansas Computer Crimes Law
- follows, Kansas, Section 21-3755, adopted 1985*/
-
- SECTION 21-3755 Computer crime, unlawful computer access
-
- (1) As used in this section, the following words and phrases
- shall have the meanings respectively ascribed thereto:
-
- (a) "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.
-
- (b) "Computer" means an electronic device which performs work
- using programmed instructions and which has one or more of the
- capabilities of storage, logic, arithmetic or communication 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 the interconnection of
- communications 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 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 computer programs, procedures
- and associated documentation concerned with the operation of a
- computer system.
-
- (f) "Computer system" means a set of related computer
- equipment or devices, which may be connected or unconnected.
-
- (g) "Financial instrument means any check, draft, money
- order, certificate of deposit, letter of credit, bill of
- exchange, credit card, debit card or marketable security.
-
- (h) "Property" includes, but is not limited to, financial
- instruments, information, electronically produced or stored data,
- supporting documentation and computer software in either machine
- or human readable form, and any other tangible or intangible item
- of value.
-
- (i) "Services" includes, but is not limited to, computer
- time, data processing and storage functions and other uses of a
- computer computer system or computer network to perform useful
- work.
-
- (j) "Supporting documentation" includes, but is not limited
- to, all documentation used in the construction, classification,
- implementation, use or modification of computer software,
- computer programs or data.
-
- (2) Computer crime is:
-
- (a) Willfully and without authorization gaining or attempting
- to gain access to and damaging, modifying, altering, destroying,
- copying, disclosing or taking possession of a computer, computer
- system, computer network or any other property;
-
- (b) using a computer, computer system, computer network or
- any other property for the purpose of devising or executing a
- scheme or artifice to defraud or for the purpose of obtaining
- money, property, services, or any other thing of value by means
- of false or fraudulent pretenses;
-
- /* It's hard to believe that the nice legislators meant to
- include "or any other property" in the computer crimes law. That
- means that it is a computer crime to use a check, bank draft etc.
- to commit a crime. They probably meant "computer software" etc.*/
-
- (c) willfully exceeding the limits of authorization and
- damaging, modifying, altering, destroying, copying, disclosing or
- taking possession of a computer, computer system, computer
- network or any other property.
-
- Computer crime which causes a loss of the value of less than
- $ 150 is a class A misdemeanor.
-
- Computer crime which causes a loss of the value of $ 150 or
- more is a class E felony.
-
- (3) In any prosecution for computer crime, it is a defense
- that the property or services were appropriated openly and
- avowedly under a claim of title made in good faith.
-
- /* If you have a good "claim of title", which is another way of
- saying, the right to do it, then you have a defense, so long as
- the offender did it in good faith.*/
-
- (4) Unlawful computer access is willingly, fraudulently, and
- without authorization gaining or attempting to gain access to any
- computer, computer system, computer network or to any computer
- software, program, documentation, data or property contained in
- any computer, computer system or computer network.
-
- /* This computer crime covers the situation in which a user logs
- on with a false name to a BBS if you make it clear that they must
- use their real name. */
-
- Unlawful computer access is a class A misdemeanor.
-
- (5) This section shall be part of and supplemental to the
- Kansas criminal code.
-