228 lines
9.9 KiB
Plaintext
228 lines
9.9 KiB
Plaintext
/*R FRINGE COMMENTARY: "Computer-Related Offenses" from the
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Connecticut General Statutes. */
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PART XXII
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SECTION 53a-250
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For the purposes of this part and section 52-570b:
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(1) "Access" means to instruct, communicated with, store data
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in or retrieve data from a computer, computer system or computer
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network.
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(2) "Computer" means a programmable, electronic device
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capable of accepting and processing data.
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(3) "Computer network" means (A) a set of related devices
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connected through a computer by communications facilities, or (b)
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a complex of two or more computers, including related devices,
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connected by communications facilities.
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(4) "Computer program" means a set of instructions,
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statements or related data that, in actual or modified form, is
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capable of causing a computer or computer system to perform
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specified functions.
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(5) "Computer services" includes, but is not limited to,
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computer access, data processing and data storage.
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(6) "Computer software" means one or more computer programs,
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existing in any form, or any associated operational procedures,
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manuals or other documentation.
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(7) "Computer system" means a computer, its software, related
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equipment, communications facilities, if any, and includes
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computer networks.
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(8) "Data" means information of any kind in any form,
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including computer software.
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(9) "Person" means a natural person, corporation, trust,
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partnership, incorporated or unincorporated association and any
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other legal or governmental entity, including any state or
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municipal entity or public official.
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/* This is very interesting. Apparently, the State of Connecticut
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is providing that the State has got liability for software
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piracy. Compare this to the State of California. */
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(10) "Private personal data" means data concerning a natural
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person which a reasonable person would want to keep private and
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which is protectable under law.
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(11) "Property" means anything of value, including data.
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SECTION 53a-251 Computer Crime
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(a) Defined. A person commits computer crime when he violated
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any of the provisions of this section.
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(b) Unauthorized access to a computer system. (1) A person is
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guilty of the computer crime of unauthorized access to a computer
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system when, knowing that he is not authorized to do so, he
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accesses or causes to be accesses any computer system without
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authorization.
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(2) It shall be an affirmative defense to a prosecution for
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unauthorized access to a computer system that: (A) The person
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reasonably believed that the owner of the computer system, or a
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person empowered to license access thereto, had authorized him to
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access; (B) the person reasonably believed that the owner of the
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computer system, or a person empowered to license access thereto,
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would have authorized him to access without payment of any
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consideration; or (C) the person reasonably could not have known
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that his access was unauthorized.
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/* This means that the sign on your system, and the opening
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screens of anything that you want to keep confidential (for
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example, embedded in the files themselves) clearly marked as
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confidential. */
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(c) Theft of computer services. A person is guilty of the
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computer crime of theft of computer services when he accesses or
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caused to be accessed or otherwise uses or causes to be used a
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computer system with the intent to obtain unauthorized computer
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services.
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(d) Interruption of computer services. A person is guilty of
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the computer crime of interruption of computer services when he,
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without authorization, intentionally or recklessly disrupts or
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degrades or causes the disruption or degradation of computer
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services or denies or causes the denial of computer services to
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an authorized user of a computer system.
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(e) Misuse of computer system information. A person is guilty
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of the computer crime of misuses of computer system information
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when: (1) As a result of his accessing or causing to be accessed
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a computer system, he intentionally makes or causes to be made an
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unauthorized display, use, disclosure or copy, in any form, of
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data residing in, communicated by or produced by a computer
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system; or (2) he intentionally or recklessly and without
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authorization (A) alters, deletes, tampers with, damages,
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destroys or takes data intended for use by a computer system, or
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(B) intercepts or adds data to data residing within a computer
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system; or (3) he knowingly receives or retains data obtained in
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violation of subdivision (1) or (2) of this subsection; or (4)
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he uses or discloses any data he knows or believes was obtained
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in violation of subdivision (1) or (2) of this subsection.
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(f) A person is guilty of the computer crime of destruction
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of computer equipment when he, without authorization,
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intentionally or recklessly tampers with, takes, transfers,
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conceals, alters, damages or destroys any equipment used in
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a computer system or intentionally or recklessly causes any of
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the foregoing to occur.
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SECTION 53a-252 Computer crime in the first degree: Class B
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felony
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(a) A person is guilty of computer crime in the first degree
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when he commits computer crime as is defined in section 53a-251
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and the damages to or the value of the property or computer
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services exceeds ten thousand dollars.
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(b) Computer crime in the first degree is a Class B felony.
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SECTION 53a-253. Computer crime in the second degree: Class C
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felony.
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(a) A person is guilty of computer time in the second degree
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when he commits computer crime as defined in section 53a-251 and
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the damage to or the value of the property or computer services
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exceeds five thousand dollars.
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(b) Computer crime in the second degree is a Class C felony.
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SECTION 53a-254. Computer crime in the third degree: Class D
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felony.
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(a) A person is guilty of computer time in the third degree
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when he commits computer crime as defined in section 53a-251 and
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(1) the damage to or the value of the property or computer
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services exceeds one thousand dollars or (2) he recklessly
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engages in conduct which creates a risk of serious physical
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injury to another person.
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(b) Computer crime in the second degree is a Class D felony.
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SECTION 53a-255. Computer crime in the fourth degree: Class A
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misdemeanor.
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(a) A person is guilty of computer time in the fourth degree
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when he commits computer crime as defined in section 53a-251 and
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the damage to or the value of the property or computer services
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exceeds five hundred dollars.
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(b) Computer crime in the fourth degree is a Class A
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misdemeanor.
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SECTION 53a-256.Computer crime in the fifth degree: Class B
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misdemeanor.
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(a) A person is guilty of computer time in the fifth degree
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when he commits computer crime as defined in section 53a-251 and
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the damage to or the value of the property or computer services,
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if any, is five hundred dollars or less.
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(b) Computer crime in the fifth degree is a Class B
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misdemeanor.
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SECTION 53a-257. Alternative fine based on defendant's gain.
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If a person has gained money, property or services or other
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consideration through the commission of any offense under section
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53a-251, upon conviction thereof, the court, in lieu of imposing
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a fine, may sentence the defendant to pay an amount, fixed by the
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court, not to exceed double the amount of the defendant's gain
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from the commission of such offense. In such case the court shall
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make a finding as to the amount of the defendant's gain from the
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offense, and if the record does not contain sufficient evidence
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to support such a finding, the court may conduct a hearing upon
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the issue. For the purpose of this section, "gain" means the
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amount of money or the value of property or computer services or
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other consideration derived.
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SECTION 53a-258. Determination of degree of crime.
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Amounts included in violations of Section 53a-251 committed
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pursuant to one scheme or course of conduct, whether from the
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same person or several persons, may be aggregated in determining
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the degree of the crime.
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SECTION 53a-259. Value of property or computer services.
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(a) For the purposes of this part and section 52-570b, the
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value of property or computer services shall be: (1) The market
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value of the property or computer services at the time of the
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violation; or (2) if the property or computer services are
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unrecoverable, damages or destroyed as a result of a violation of
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section 53a-251, the cost of reproducing or replacing the
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property or computer services at the time of the violation.
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(b) When the value of the property or computer services or
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damage thereto cannot be satisfactorily ascertained, the value
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shall be deemed to be two hundred fifty dollars.
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(c) Notwithstanding the provisions of this section, the
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value of private personal data shall be deemed to be one thousand
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five hundred dollars.
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SECTION 53a-26. Location of offense.
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(a) In any prosecution for a violation of section 53a-251
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the offense shall be deemed to have been committed in the town in
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which the act occurred or in which the computer system or part
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thereof involved in the violation was located.
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(b) In any prosecution for a violation of section 53a-251
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based upon more than one act in violation thereof, the offense
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shall be deemed to have been committed in any of the towns in
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which any of the acts occurred or in which a computer system or
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part thereof involved was located.
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(c) If any act performed in furtherance of the offenses set
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out in section 53a-251 occurs in this state or if any computer
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system or part thereof accessed in violation of section 53a-251
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is located in this state, the offense shall be deemed to have
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occurred in this state.
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