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

Text File | 1993-03-21 | 12.3 KB | 282 lines

/* BBSL LEGAL GUIDE COMMENTARY- The Minnesota Computer Crimes Law
follows, Section 609.87. */

SECTION 609.87 Computer crime, Definitions

Subdivision 1. Applicability. For purposes of section 609.87 to
609.89, and section 609.891, the terms defined in this section
have the meanings given them.

Subd. 2  "Access" means to instruct, communicate with, store data
with, or retrieve data from a computer, computer system or
computer network.

Subd. 3  "Computer" means an electronic device which performs
logical, arithmetic or memory functions by the manipulations of
signals, including but not limited to electronic or magnetic
impulses.

Subd. 4. "Computer system" means related, connected or
unconnected computers and peripheral equipment.

Subd. 5. "Computer network" means the interconnection of a
communication system with a computer through a remote terminal,
or with two or more interconnected computers or computer systems,
and include private and public telecommunications networks.

Subd. 6. "Property" includes but is not limited to electronically
processed or produced data, and computer software and information
contained in a computer or computer software in either machine or
human readable form.

Subd. 7."Services" includes, but is not limited to, computer
time, data processing and storage functions.

Subd. 8. "Computer program" means an instruction or statement or
a series of instructions or statements, in a form acceptable to
a computer, which directs the functioning of a computer system in
a manner acceptable to a computer, which directs the functioning
of a computer system in a manner designed to provide appropriate
products from a computer.

Subd. 9. "Computer software" means a computer program or
procedures, or associated documentation concerned with the
operation of a computer.

Subd. 10. Loss. "Loss" means the greatest of the following:

(a) the retail market value of the property or services involved;

(b) the reasonable repair or replacement cost, whichever is less;
or

(c) the reasonable value of the damage created by the
unavailability or lack of utility o the property or services
involved until repair or replacement can be effected.

Subd. 11. Computer security system. "Computer security system"
means a software program or computer device that

(1) is intended to protect the confidentiality and secrecy of
data and information stored in or accessible through the computer
system; and

(2) displays a conspicuous warning to a user that the user is
entering a secure system or requires a person seeking access to
knowingly respond by use of an authorized code to the program or
device in order to gain access.

Subd. 12. Destructive computer program. "Destructive computer
program" means a computer program that performs a destructive
function or produces a destructive product. A program performs a
destructive function if it degrades performance of the affected
computer, associate peripheral or a computer program; disables
the computer, associated peripherals or a computer program; or
destroys or alters computer programs or data. A program produces
a destructive product if it produces unauthorized data, including
data that make computer memory space unavailable results in the
unauthorized alteration of data or computer programs; or produces
a destructive computer program, including a self-replicating
computer program.

Section 609.88 Computer damage

Subdivision 1. Acts. Whoever does any of the following is guilty
of computer damage and may be sentenced as provided in
subdivision 2:

(a) Intentionally and without authorization damages or destroys
any computer, computer system, computer network, computer
software, or any other property specifically defined in section
608.87, subdivision 6;

(b) Intentionally  and without authorization and with intent to
injure or defraud alters any computer, computer system, computer
network, computer software, or any other property specifically
defined in section 609.87, subdivision 6; or

(c) Distributes a destructive computer program, without
authorization and with intent to damage ir destroy any computer,
computer system, computer network, computer software, or any
other property specifically defined in section 609.87, subdivision
6.

Subd. 2. Penalty. Whoever commits computer damage may be
sentenced as follows:

(a) To imprisonment for not more than ten years or to payment of
a fine of not more than $ 50,000, or both, if the damage,
destruction or alteration results in a loss in excess of $ 2,500,
to the owner, or the owner's agent, or lessee;

(b) To imprisonment for not more than five years or to payment of
a fine of not more than $ 10,000, or both, if the damage,
destruction or alteration results in a loss of more than $ 500,
but not more than $ 2,500 to the owner, or the owner's agent or
lessee; or

(c) In all other cases to imprisonment for not more than 90 days
or to payment of a fine of not more than $ 700, or both.

Section 609.89. Computer theft

Subdivision 1. Acts. Whoever does nay of the following is guilty
of computer theft and may be sentenced as provided in subdivision
2:

(a) Intentionally and without authorization or claim of right
access or causes to be accessed any computer, computer system,
computer network or any part thereof for the purpose of obtaining
services or property; or

(b) Intentionally and without claim of right, and with intent to
permanently deprive the owner of possession, takes, transfers,
conceals or retain possession of any computer, computer system,
pr any computer software or data contained in a computer,
computer system, or computer network.

Subd. 2. Penalty. Anyone who commits computer theft may be
sentenced as follows:

(a) To imprisonment for not more than ten years or to payment of
a fine of not more than $ 50,000, or both, if the damage,
destruction or alteration results in a loss in excess of $ 2,500,
to the owner, or the owner's agent, or lessee;

(b) To imprisonment for not more than five years or to payment of
a fine of not more than $ 10,000, or both, if the damage,
destruction or alteration results in a loss of more than $ 500,
but not more than $ 2,500 to the owner, or the owner's agent or
lessee; or

(c) In all other cases to imprisonment for not more than 90 days
or to payment of a fine of not more than $ 700, or both.

609.891. Unauthorized computer access

Subdivision 1. Crime. A person is guilty of unauthorized computer
access if the person intentionally and without authority attempts
to or does penetrate a computer security system.

Subd. 2. Felony. (a) A person who violates subdivision 1 in a
manner that creates a grave risk of causing the death of a person
is guilty of a felony and may be sentenced to a term of
imprisonment of not more than ten years or to payment of a fine
of not more than $ 20,000, or both.

(b) A person who is convicted of a second or subsequent gross
misdemeanor violation of subdivision 1 is guilty of a felony and
may be sentenced under paragraph (a).

Subd. 3. Gross misdemeanor. (a) A person who violates subdivision
1 in a manner that creates a risk to public health and safety is
guilty of a gross misdemeanor and may be sentenced to
imprisonment for a term of not more than one year or to payment of
a fine of not more than $ 3,000, or both.

(b) A person who violates subdivision 1 in a manner that
compromises the security of data that are protected under section
609.52, subdivision 2, clause (8), or are not public public data
as defined in section 13.02, subdivision 8a, is guilty of a gross
misdemeanor and may be sentenced under paragraph (a).

Subd. 4. Misdemeanor. A person who violates subdivision 1 is
guilty of a misdemeanor and may be sentenced to imprisonment for
a term of not more than 90 days or to payment of a fine of not
more than more than $ 700, or both.

Section 609.892, Definitions

Subdivision 1. Applicability. The definitions in this section
apply to sections 237.73, 609.892, and 609.893.

Subd. 2. Access device. "Access device. "Access device" means a
card, plate, code, account number, or other means of account
access that can be used, alone or in conjunction with another
access device that can be used, alone or in conjunction with
another access device, to obtain telecommunications service.

Subd. 3. Credit card number. "Credit card number" means the card
number appearing on a credit card that is an identification card
or plate issued to a person by a supplier of telecommunications
services that permits the person to whom the card has been issued
to obtain telecommunication service on credit. The term includes
the number or description of the card or plate even if the card
or plate itself is not produced when obtaining telecommunications
service.

Subd. 4. Telecommunications device. "Telecommunications device"
means an instrument, apparatus, equipment mechanism, operating
procedure, or code designed or adapted for a particular use and
that is intended or can be used in violation of section 609.893.
The term includes but is not limited to computer hardware,
software, programs, electronic mail system, voice mail system,
identification validation system, private branch exchange, or any
other means of facilitating telecommunications service.

Subd. 5. Telecommunications provider. "Telecommunications
provider" means a person, firm, association, or a corporation,
private or municipal, owing, operating, or managing facilities
used to provide telecommunications service.

Subd. 6. Telecommunications service. "Telecommunications service"
means a service, that, in exchange for a pecuniary consideration
provides or offers to provide transmission of messages, signals,
facsimiles, or other communication between persons who are
physically separated from each other by telephone, telegraph,
cable, wire, fiber optic cable, or the projection of energy
without physical connection. This applies when the
telecommunications service originates or ends or bother
originates and ends in this state.

Subd. 7. Telephone company. "Telephone company" means a
telecommunications provider that provides local exchange
telecommunications service.

Section 609.893. telecommunications and information services
fraud; crime defined

Subdivision 1. Obtaining services by fraud. A person commits
telecommunications and information services fraud and may be
sentenced as provided in subdivision 3 if the person, with intent
to evade a lawful charge, obtains telecommunications service for
the person's own use by any fraudulent means.

Subd. 2. Facilitation of telecommunications fraud. A person
commits a felony and may be sentenced as provided in subdivision
4 who:

(1) makes available to another, or offers or advertises to make
available, a telecommunications device or information in order to
facilitate violation of subdivision 1 by another; or

(2) makes, assembles, or possesses a telecommunications device
that is designed or adapted to violate subdivision 1 or to
conceal from a provider o telecommunications services or from a
lawful authority, the existence or place of origin or destination
of telecommunications service.

Subd. 3. Fraud. (a) Whoever commits telecommunications and
information services fraud in violation of subdivision 1 may be
sentenced as follows:

(1) to imprisonment for not more than ten years or to payment of
a fine of not more than $ 20,000, or both, if the value o the
services is in excess of $ 2,500;

(2) to imprisonment for not more than five years or to payment of
a fine of not more than $ 10,000, or both, if the value of the
services is more than $ 500 but not more than $ 2,500; or

(3) in all other cases, to imprisonment for not more than 90 days
or to payment of a fine o not more than $ 700, or both.

(b) Amounts involved in a violation of paragraph (a) under one
scheme or course of conduct, whether from the same credit card
number or several numbers, may be aggregated in determining the
classification of the offense.

Subd. 4. Facilitation of fraud. Whoever violates subdivision 2 is
guilty of a felony and may be sentenced ot imprisonment for not
more than five years or to a payment of a fine of not more than $
10,,00, or both.