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- /* BBS LEGAL GUIDE COMMENTARY: The Wisconsin Computer crimes law,
- Wisconsin statutes section 943.70. */.
-
-
- SECTION 943.70. Computer crimes
-
- (1) Definitions. In this section:
-
- (a) "Computer" means an electronic device that performs logical,
- arithmetic and memory functions by manipulating electronic or
- magnetic impulses, and includes all input, output, processing,
- storage, computer software and communication facilities that are
- connected or related to such a device in a system or network.
-
- (b) "Computer network" means the interconnection of
- communications lines with a computer through remote terminals or
- a complex consisting of two or more interconnected computers.
-
- (c) "Computer program" means an ordered set of instructions or
- statements, when executed by a computer, causes the computer to
- process data.
-
- (d) "Computer software" means a set of computer programs,
- procedures or associated documentation used in the operation of a
- computer system.
-
- (dm) "Computer supplies" means punch cards, paper tape, magnetic
- tape, disk packs, diskettes and computer output, including paper
- and microform.
-
- (e) "Computer system" means a set of related computer equipment,
- hardware or software.
-
- (f) "Data" means a representation of information, knowledge,
- facts, concepts or instructions that has been prepared or is
- being prepared or is being prepared in a formalized manner an
- has been process, is being processes or is intended to be
- processed in a computer system or computer network. Data may be
- in any form including computer printouts, magnetic storage media,
- punched card and as stored in the memory of the computer. Data
- are property.
-
- (g) "Financial instrument" includes any check, draft, warrant,
- money order, note, certificate of deposit, letter of credit, bill
- of exchange, credit or credit card, transaction authorization
- mechanism, marketable security and any computer representation
- of them.
-
- (h) "Property" anything of value, including but not limited to
- financial instruments, information, electronically produced data,
- computer software and computer programs.
-
- (i) "Supporting documentation" means all documentation used in
- the computer system in the construction, clarification,
- implementation, use or modification of the software or data.
-
- (j) "Services" includes, but is not limited to, computer time,
- data processing and storage functions.
-
- (2) Offenses against computer data and programs. (a) Whoever
- willfully, knowingly and without authorization does any of the
- following may be penalized as provided in paragraph (b):
-
- 1. Modifies data, computer programs or supporting documentation.
-
- 2. Destroys data, computer programs or supporting documentation.
-
- 3. Accesses data, computer programs or supporting documentation.
-
- 4. Takes possession of data, computer programs or supporting
- documentation.
-
- 5. Copies data, computer programs or supporting documentation.
-
- 6. Discloses restricted access code or other restricted access
- information to unauthorized persons.
-
- (b) WHoever violates this subsection is guilty of:
-
- 1. A Class A misdemeanor unless subd. 2, 3 or 4 applies.
-
- 2. A Class E felony if the offense is committed to defraud or
- obtain property.
-
- 3. A Class D felony if the damage is greater than $ 2,500 or if
- it causes an interruption or impairment of government operations
- or public communication, of transportation or of a supply of
- water, gas or other public service.
-
- 4. A Class C felony if the offense creates a substantial and
- unreasonable risk or great bodily harm to another.
-
- (3) Offenses against computers, computer equipment or supplies.
- (a) Whoever willfully, knowingly and without authorization does
- any of the following may be penalized as provided in par. (b):
-
- 1. Modifies computer equipment or supplies that are use or
- intended to be used in a computer, computer system or computer
- network.
-
- 2. Destroys, uses, takes or damages a computer, computer system
- or computer network or equipment or supplies used or intended to
- be used in a computer, computer system or computer network.
-
- (b) Whoever violates this subsection is guilty of:
-
- 1. A Class A misdemeanor unless subd. 2, 3 or 4 applies.
-
- 2. A Class E felony if the offense is committed to defraud or
- obtain property.
-
- 3. A Class D felony if the damage is greater than $ 2,500 or if
- it causes an interruption or impairment of government operations
- or public communication, of transportation or of a supply of
- water, gas or other public service.
-
- 4. A Class C felony if the offense creates a substantial and
- unreasonable risk or great bodily harm to another.
-
- (4) Computer use restriction. In addition to the other penalties
- provided for violation of this section, a judge may place
- restrictions on the offender's use of computers. The duration of
- any such restrictions may not exceed the maximum period for which
- the offender could have been imprisoned; except if the offense is
- punishable by forfeiture, the duration of the restrictions may
- not exceed 90 days.
-
- (5) Injunctive relief. Any aggrieved party may use for injunctive
- relief under ch. 813 to compel compliance with this section. In
- addition, owners, lessors, users or manufacturers of computers,
- or association or organizations representing any of those
- persons, may sue for injunctive relief to prevent or stop the
- disclosure of information which may enable another person to gain
- unauthorized access to data, computer programs or supporting
- documentation.