192 lines
8.3 KiB
Plaintext
192 lines
8.3 KiB
Plaintext
/* R FRINGE COMMENTARY- Here with go with the Florida Computer
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Crimes Act, Florida Statutes Chapter 815, F.S. 815.01, adopted in
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1978. */
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SECTION 815.01 Short title.-- This provisions of this act shall
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be known, and may be cited as the "Florida Computer Crimes Act."
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SECTION 815.02 Legislative intent. -- The Legislature finds and
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declares that:
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(1) Computer-related crime is a growing problem in government
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as well as in the private sector.
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(2) Computer-related crime occurs at great cost to the public
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since losses for each incident of computer crime tend to be far
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greater than the losses associated with each incident of other
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white collar crime.
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(3) The opportunities for computer-related crime in business
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financial institutions, government programs, government records
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and other business enterprises through the introduction of
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fraudulent records into a computer system, the unauthorized use
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of computers, the alteration or destruction of computerized
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information or files, and the stealing of financial instruments,
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data, and other assets are great.
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(4) While various forms of computer crime might possibly be
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the subject of criminal charges based on other provisions of
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law, it is appropriate and desirable that a supplemental and
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additional statute be provided which proscribes various forms of
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computer abuse.
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SECTION 815.03 Definitions-- As used in this chapter, unless the
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context clearly requires otherwise:
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(1) "Intellectual property" means data including programs.
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(2) "Computer Program" means an ordered set of data
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representing coded instructions or statements that when executed
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by a computer cause the computer to process data.
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(3) "Computer" means an internally programmed automatic device
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that performs data processing.
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(4) "Computer software" means a set of computer programs,
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procedures, and associated documentation concerned with the
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operation of a computer system.
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(5) "Computer system" means a set of related, connected or
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unconnected, computer equipment, devices, or computer software.
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devices, data communication circuits, and operating system
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computer programs that make the system capable of performing data
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processing tasks;
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(6) "Computer network" means a set of related, remotely
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connected devices and communication facilities including more
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than one computer system with the capability to transmit data
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among them through communication facilities.
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(7) "Computer system services" means providing a computer
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system or computer network to perform useful work.
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/* Therefore trivial or unneeded processing is not "computer
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system services! Egads. */
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(8) "Property" means anything of value as defined in s.
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810.011, and includes, but is not limited to, financial
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instruments, information, including electronically produced data,
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computer software and programs, in either machine-readable or
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human-readable form, and any tangible or intangible item of
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value.
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(9) "Financial instrument" means any check, draft, money
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order, certificate of deposit, letter of credit, bill of
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exchange, credit card, or marketable security.
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(10) "Access" means to approach, instruct, communicate with,
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store data in, retrieve or intercept data from, or otherwise make
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use of any resources of, a computer, computer system, or computer
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network.
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SECTION 815.04. Offenses against intellectual property. --
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(1) Whoever willfully, knowingly, and without authorization
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modifies data, programs, or supporting documentation residing or
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existing internal or external to a computer, computer system, or
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computer network commits an offense against intellectual
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property.
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(2) Whoever willfully, knowingly, and without authorization
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destroys data, programs, or supporting documentation residing or
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existing internal or external to a computer, computer system, or
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computer network commits an offense against intellectual
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property.
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(3) Whoever willfully, knowingly, and without authorization
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discloses or takes data, programs, or supporting documentation
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which is a trade secret as defined in s. 810.081 or is
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confidential as provided by law residing or existing internal or
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external to a computer, computer system, or computer network
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commits an offense against intellectual property.
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(4)(a) Except as otherwise provided in this subsection, an
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offense against intellectual property is a felony of the third
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degree, punishable as provided in s. 775.082, s. 775.083, or s.
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775.084.
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(b) If the offense is committed for the purpose of devising
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or executing any scheme or artifice to defraud or to obtain any
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property, then the offender is guilty of a felony of the second
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degree, punishable as provided in s. 775.082,s. 775.083, or s.
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775.084.
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SECTION 815.05. Offenses against computer equipment or supplies.
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--
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(1)(a) Whoever willfully, knowingly, and without
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authorization modifies equipment or supplies used or intended to
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be used in a computer, computer system, or
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computer network, commits and offense against computer equipment
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or supplies.
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(b)(1) Except as provided in this paragraph, an offense
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against computer equipment or supplies as provided in paragraph
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(a) is a misdemeanor of the first degree, punishable as provided
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in s. 775.082, s. 775.083 or s. 775.084.
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2. If the offense is committed for the purpose of devising
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or executing any scheme or artifice to defraud or to obtain any
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property, then the offender is guilty of a felony of the third
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degree, punishable as provided in s. 775.082,s. 775.083, or s.
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775.084.
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(2)(a) Whoever willfully, knowingly, and without
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authorization destroys, takes, injures, or a damages equipment or
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supplies used or intended to be used in a computer, computer
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system, or computer network, commits and offense against computer
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equipment or supplies.
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(b)(1) Except as provided in this paragraph, an offense
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against computer equipment or supplies as provided in paragraph
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(a) is a misdemeanor of the first degree, punishable as provided
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in s. 775.082, s. 775.083 or s. 775.084.
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2. If the damage to such computer equipment or supplies or to
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the computer,computer system, or computer network is greater than
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$ 200 but less than $ 1,000, then the offender is guilty of a
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felony of the third degree, punishable as is provided in s.
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775.082, s. 775.083, or s. 775.084.
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3. If the damage to such computer equipment or supplies or to
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the computer , computer system, or computer network is $ 1,000 or
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greater, or if there is an interruption or impairment of
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governmental operation or public communication, transportation,
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or supply of water, gas or other public service, then the
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offender is guilty of a felony of the second degree, punishable
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as provided in s. 775.082, s. 775.083, or s. 775.084.
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SECTION 815.06. Offenses against computer users. --
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(1) Whoever willfully, knowingly and without authorization
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access or causes to be accessed any computer, computer system,
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or computer network; or whoever willfully, knowingly, and without
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authorization denies or causes the denial of computer system
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services to an authorized user of such computer system services,
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which, in whole or part, is owned by, under contract to, or
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operated for, on behalf of, or in conjunction with another
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commits an offense against computer users.
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(2)(a) Except as provided in this subsection, an offense
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against computer users is a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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(b) If the offense is committed for the purposes of devising
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or executing an scheme or artifice to defraud or to obtain an
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property, then the offender is guilty of a felony in the second
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degree, punishable as provided in s. 775.082, s. 775.083, or s.
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775.084.
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SECTION 815.07 This chapter not exclusive.-- The provisions of
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this chapter shall not be construed to preclude the applicability
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of any other provision of the criminal law of this state which
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presently applies or may in the future apply to any transaction
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which violates this chapter, unless such provision is
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inconsistent with the terms of this chapter.
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