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- /* BBS LEGAL GUIDE COMMENTARY: The Louisiana Computer Related
- Crime, passed in 1984. */
-
-
- Louisiana Revised Statutes 14:73.1
-
- Definitions.
-
- As used in this Subpart unless the context clearly indicates
- otherwise:
-
- (1) "Access" means to program, to execute programs on, to
- communicate with, store data in, retrieve data from, or otherwise
- make use of any resources, including data or programs, of a
- computer, computer system or computer network.
-
- (2) "Computer" includes an electronic, magnetic, optical or other
- high-speed data processing device or system performing logical,
- arithmetic and storage functions and includes any property, data
- storage facility or communications facility directly related to
- or operating in conjunction with such device or system.
- "Computer" shall not include an automated typewriter or
- type-setter, a machine designed solely for word processing, or a
- portable hand-held calculator, nor shall "computer" include any
- other device which contains components similar to those in
- computers but which have the sole function of controlling the
- device for the single purpose for which the device is intended.
-
- (3) "Computer network" means a set of related, remotely connected
- devices and communications facilities including at least one
- computer system with the capability to transmit data through
- communication facilities.
-
- (4) "Computer program" means an ordered set of data representing
- coded instructions or statements that when executed by a computer
- cause the computer to process data.
-
- (5) "Computer services" means providing access to or service or
- data from a computer, a computer system or a computer network.
-
- (6) "Computer software" means a set of computer programs,
- procedures and associated documentation concerned with operation
- of a computer system.
-
- (7) "Computer system" means a set of functionally related,
- connected or unconnected, computer equipment, devices or computer
- software.
-
- (8) "Financial instrument" means any check, draft, money order,
- certificate of deposit, letter of credit, bill of exchange,
- access card as defined in R.S. 14:67.3, or marketable security.
-
- (9) "Intellectual property" includes data, computer programs,
- computer software, trade secrets as defined in R.S. 51:1431(4),
- copyrighted material and confidential or proprietary information,
- in any form or medium, when such is sorted in, produced by, or
- intended for use or storage with or in a computer, a computer
- system or a computer network.
-
- (10) "Proper means" includes:
-
- (a) Discovery by independent invention;
-
- (b) discovery by "reverse engineering"; that is, by starting with
- the known product and working backward to find the method by
- which it was developed. The acquisition of the known product
- shall be by lawful means;
-
- (c) Discovery under license or authority of the owner;
-
- (d) Observation of the property in public use or on public
- display; or,
-
- (e) Discovery in public literature.
-
- (11) "Property" means property as defined in R.S. 14:2(8) and
- shall specifically include but not be limited to, financial
- instruments, electronically stored or produced data and computer
- programs, whether in machine readable or human readable form.
-
- SECTION 73.2. Offenses against intellectual property
-
- A. An offense against intellectual property is the intentional:
-
- (1) Destruction, insertion,n or modification, without consent, of
- intellectual property; or
-
- (2) Disclosure, use, copying, taking or accessing, without
- consent, of intellectual property.
-
- B. (1) Whoever commits an offense against intellectual property
- shall be fined not more than five hundred dollars, or imprisoned
- for not more than six months, or both, for the commission of the
- offense.
-
- (2) However, when the damage or loss amounts to a value of five
- hundred dollars or more, the offender may be fined not more than
- ten thousand dollars, or imprisonment with or without hard labor,
- for not more than five years, or both.
-
- C. The provisions of this section shall not apply to the
- disclosure, use, copying, taking, or accessing by proper means as
- defined in this Subpart.
-
- Section 73.3. Offenses against computer equipment or supplies
-
- A. An offense against computer equipment or supplies is the
- intentional modification or destruction, without consent, of
- computer equipment or supplies used or intended to be used in a
- computer, computer system, or computer network.
-
- B. (1) Whoever commits an offense against computer equipment
- shall be fined not more than five hundred dollars, or imprisoned
- for not more than six months, or both, for the commission of the
- offense.
-
- (2) However, when the damage or loss amounts to a value of five
- hundred dollars or more, the offender may be fined not more than
- ten thousand dollars, or imprisonment with or without hard labor,
- for not more than five years, or both.
-
- Section 73.4. Computer fraud.
-
- A. Computer fraud is the accessing or causing to be accessed of
- any computer, computer system, computer network, or any part
- thereof with the intent to:
-
- (1) Defraud, or
-
- (2) Obtain money, property or services by means of false or
- fraudulent conduct, practices or representations, or through the
- alteration, deletion or insertion of programs or data.
-
- (2) Whoever commits the offense of computer fraud shall be fined
- more than ten thousand Dollars, or imprisoned with or without
- hard labor for not more than five years, or both.
-
-