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

Text File | 1993-03-21 | 5.5 KB | 128 lines

/* R FRINGE COMMENTARY: Texas' Computer Crimes Law follows. */

TITLE 7, Texas Penal Code

SECTION 33.01 Definitions

    In this chapter:

    (1) "Communications common carrier" means a person who owns
    or operates a telephone system in this state that includes
    equipment or facilities for the conveyance, transmission, or
    reception of communications and who receives compensation
    from persons who use that system.

/* A pay BBS might fall in this definition depending on how
broadly the rather ambiguous term "telephone system" is defined.
*/

    (2) "Computer" means an electronic device that performs
    logical, arithmetic, or memory functions by the manipulations
    of electronic or magnetic impulses and includes all input,
    output, processing, storage, or communication facilities that
    are connected or related to the device. "Computer" includes a
    network of two or more computers that are interconnected to
    function or communicate together.

    (3) "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 or
    communicate together.

    (4) "Computer security system" means the design, procedures,
    or other measures that the person responsible for the
    operation and iue of a computer system employs to restrict
    the use of the computer to particular persons or users or
    that the owner or licensee of data stored or maintained by a
    computer in which the owner of licensee is entitled ot store
    or maintain the data employs to restrict access to the data.

    (5) "Data" means a representation of information, knowledge,
    facts, concepts, or instructions that is being prepared or
    has been prepared in a formalized manner and is intended to
    be stored or processed, is being stored or processed, or has
    been stored or processed in a computer. Data may be embodied
    in any form, including but not limited to computer printouts,
    magnetic storage media, and punchcards, or may be stored
    internally in the memory of the computer.

    (6) "Electric Utility" has the meaning assigned by Subsection
    (c), Section 3, Public Utility Regulatory Act.

SECTION 33.02 Breach of computer security.

  (a) A person commits an offense if the person:

    (1) uses a computer without the effective consent of the
    owner of the computer or a person authorized to license
    access to the computer and the actor knows that there exists
    a computer security system intended to prevent him from
    making that use of the computer; or

    (2) gains access to data stored or maintained by a computer
    without the effective consent of the owner or licensee of the
    data and the actor knows that there exists a computer
    security system intended to prevent him from gaining access
    to that data.

  (b) A person commits an offense if the person intentionally or
  knowingly gives a password, identifying code, personal
  identification number, or other confidential information about
  a computer security system to another person without the
  effective consent of the person employing the computer security
  system to restrict the use of a computer or to restrict access
  to data stored or maintained by a computer.

/* It is consequently VITAL to label all documentation "COMPUTER
SECURITY SYSTEM INFORMATION- PROTECTED BY TEXAS COMPUTER CRIMES
LAW. Likewise, be sure to put on sign on in critical parts of
your "Computer security system" a similar legend. */

  (c) An offense under this section is a Class A misdemeanor.

SECTION 33.03 Harmful access

  (a) A person commits an offense if the person intentionally or
  knowingly:

    (1) causes a computer to malfunction or interrupts the
    operation of a computer without the effective consent of the
    owner of the computer or a person authorized to license
    access to the computer; or

    (2) alters, damages, or destroys data or a computer program
    stored, maintained, or produced by a computer, without the
    effective consent of the owner or licensee of the data or
    computer program.

  (b) An offense under this section is:

    (1) a Class B misdemeanor if the conduct did not cause any
    loss or damage or if the value of the loss or damage caused
    by the conduct is less than $ 200; or

    (2) a Class A misdemeanor if the value of the loss or damage
    caused by the conduct is $ 200 or more but less than $ 2500;
    or

    (3) a felony of the third degree if the value of the loss or
    damage caused by the conduct is $ 2,500 or more.

SECTION 33.04 Defenses

    It is an affirmative defense to prosecution under Section
    33.02 and 33.03 of this code that the actor was an officer,
    employee, or agent of a communication common carrier or
    electric utility and committed the proscribed act or acts in
    the course of employment while engaged in an activity that is
    a necessary incident to the rendition of service or to the
    protection of the rights or property of the communications
    common carrier or electric utility.

SECTION 33.05 Assistance by Attorney General

         The attorney general, if requested to do so by a
    prosecuting attorney, may assist the prosecuting attorney in
    the investigation or prosecution of an offense under this
    chapter or of any other offense involving the use of a
    computer.