89 lines
4.8 KiB
Plaintext
89 lines
4.8 KiB
Plaintext
|
|
COMPUTER CRIME AND PUNISHMENT
|
|
BY KEVIN HEYBOER
|
|
SYSOP OF THE PINELLAS LAW
|
|
ENFORCEMENT BULLETIN BOARD SYSTEM
|
|
MARCH 17, 1986
|
|
|
|
|
|
The purpose and intent of this article is to acquaint the computer user and
|
|
system operators of the laws regarding computer telecommunications within the
|
|
State of Florida.
|
|
|
|
Chapter 815 Florida Statutes deals with crimes against computer equipment
|
|
and crimes against intellectual property. These statutes are quoted as
|
|
follows:
|
|
|
|
FSS 815.04 Crimes Against Intellectual Property
|
|
|
|
(1) whoever willfully, knowingly and without authorization modifies data,
|
|
programs,or supporting documentation residing or existing internal or external
|
|
to a computer, computer system, or computer network commits an offense against
|
|
intellectual property.
|
|
|
|
(2) Whoever willfully, knowingly, and without authorization destroys data,
|
|
programs, or supporting documentation residing or existing internal or external
|
|
to a computer, computer system, or computer network commits an offense against
|
|
intellectual property.
|
|
|
|
(3) Whoever willfully, knowingly, and without authorization discloses or takes
|
|
data, programs, or supporting documentation which is a trade secret as defined
|
|
in S. 812.081 or is confidential as provided by law residing or existing
|
|
internal or external to a computer, computer system, or computer network
|
|
commits an offense against intellectual property.
|
|
|
|
|
|
(4) (a) Except as otherwise provided in this subsection, an offense against
|
|
intellectual property is a felony of the third degree, punishable as provided.
|
|
(b) If the offense is committed for the purpose of devising or executing
|
|
any scheme or artifice to defraud or obtain any property, then the offender is
|
|
guilty of a felony of the second degree, punishable as provided.
|
|
|
|
What does all that mean exactly? It means that if you introduce a program
|
|
that is intended to destroy data on a disk, or damage the internal workings of
|
|
a computer program, you can go to prison for 5 years. It also means that if
|
|
you "crack" a copy protected disk and distribute that information for profit,
|
|
or to prevent others from profiting, you can go to prison for 10 years. In
|
|
fact, it is so loosely written that if a person was to walk up to your computer
|
|
desk and pick up a diskette, and then intentionally scratch it with a pen to
|
|
render it useless, if data was lost or destroyed as a result, a felony has
|
|
transpired.
|
|
|
|
Computer crime is serious business and any one of us can be the victims.
|
|
What can we do about it. The first and foremost thing a user can do is to
|
|
guard his password as though it were in Fort Knox. Secondly, always question
|
|
the source of any program you may be offered as "public domain" or "freeware."
|
|
List the program before you run it, and look it over to see if it appears that
|
|
it will do what is intended. If you aren't sure, use a fresh diskette with no
|
|
other data on it to run the program. If it destroys itself while running, you
|
|
know it is a bogus program. (This is particularly important when running
|
|
machine language programs which are difficult to translate by hand).
|
|
|
|
System Operators have a responsibility to their users too. The best thing a
|
|
Sysop can do is to maintain an accurate user log and use real names only on the
|
|
board. Check the validity of the phone exchange versus the given address. Be
|
|
particularly wary of phone numbers with a fourth number as a "9" as these are
|
|
often payphones. Also be wary of business numbers. If you are unsure, call
|
|
the number given and confirm its validity. Finally, don't be afraid to report
|
|
incidences of computer crime. In order to report incidents of crimes against
|
|
intellectual property, contact the law enforcement agency within whose
|
|
jurisdiction your computer lies. Usually a preliminary report will be taken by
|
|
a patrol officer either in person or over the phone. A detective will be
|
|
assigned to follow-up the case. It may be necessary for you to be able to
|
|
provide the following information:
|
|
1. Time and date of occurrence (as exact as possible).
|
|
2. Type of crime (damage to software, stolen data, etc.)
|
|
3. As much data on the identity of the offender as is known.
|
|
|
|
However, if the identity of the offender is unknown, the police and GTE can
|
|
work together to trace incoming phone calls. Above all, be patient as computer
|
|
crime is a relatively new field in police work and you may have to explain the
|
|
workings of the computer to the investigating officer.
|
|
|
|
This information has been provided as a public service to interested parties.
|
|
The author is not an attorney and can only report on the statutory definitions
|
|
of a particular crime. Individual cases should be taken up with the
|
|
appropriate investigating agency or prosecutorial authority.
|
|
|
|
|