175 lines
7.7 KiB
Plaintext
175 lines
7.7 KiB
Plaintext
/* R FRINGE COMMENTARY- The Georgia Computer Crimes Law follows,
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Official Code of Georgia, Title 16 Section 9-91, adopted 1981*/
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SECTION 16-9-91 Legislative intent
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The General Assembly finds that:
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(1) Computer related crime is a growing problem in the
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government and in the private sector;
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(2) Such crime occurs at great cost to the public since
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losses for each incident of computer crime tend to be far greater
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than the losses associated with each incident of other white
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collar crime;
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(3) The opportunities for computer related crimes in state
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programs and in other entities which operate within the state
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through the introduction of fraudulent records into a computer
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system, unauthorized use of computer facilities, alteration or
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destruction of computerized information files, and the stealing
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of financial instruments, data, or other assets are great;
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(4) Computer related crime operations have a direct affect
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on state commerce; and
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(5) The prosecution of persons engaged in computer related
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crime is difficult under current Georgia statutes.
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SECTION 16-9-92 Definitions
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As used in this article, the term:
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(1) "Access" means to approach, instruct, communicate with,
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store data in, retrieve data from, or otherwise make use of any
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of the resources of a computer, computer system or computer
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network.
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(2) "Computer" means an internally programmed, general-
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purpose, digital device that automatically processes substantial
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data.
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(3) "Computer network" means a set of two or more computer
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systems that automatically transmit data over communication
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circuits connecting them.
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(4) "Computer program" means an ordered set of data that are
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coded instructions or statements that when executed by a computer
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causes the computer to process data.
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(5) "Computer software" 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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(6) "Computer system" means a set of connected devices
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including a computer and possibly other devices, such as data
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input, output or storage devices, data communication circuits,
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and operating system computer programs that make the system
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capable of performing special-purpose data processing tasks for
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which it is specified.
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(7) "Data" means a representation of information, knowledge,
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facts, concepts, or instruments which is being prepared or have
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been prepared in a formalized manner and is intended to be
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processed, is being processed or has been processed in a computer
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system or computer network; which should be classified as
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intellectual property; and which may be in any form, including,
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but not limited to, computer printouts, magnetic storage media,
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punched cards, or stored internally in the memory of the
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computer.
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(8) "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, or any computer
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system representation thereof.
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(9) "Property" includes, but is not limited to, financial
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instruments, data, computer programs, documentation associated
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with data and computer system and programs, all in machine-
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readable or human-readable form, and any other tangible or
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intangible item of value.
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(10) "Services" includes, but is not limited to, providing
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a computer system to perform tasks.
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SECTION 16-9-93 Accessing of computers, etc., for fraudulent
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purposes; authorized access, alteration, destruction, etc., of
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computers, etc.
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(a) Any person who knowingly and willfully, directly or
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indirectly, without authorization, accesses, causes to be
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accessed or attempts to access any computer, computer system,
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computer network, or any part thereof which, in whole or in part,
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operates in commerce or is owned by, under contract to, or in
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conjunction with state, county, or local government, or any
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branch, department, or agency thereof, an business, or any entity
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operating in or affecting commerce for the purpose of:
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(1) Devising or executing any scheme or artifice to defraud;
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or,
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(2) Obtaining money, property, or services for themselves
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or another by means of false or fraudulent pretenses,
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representations or promises,
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upon conviction thereof, shall be fined a sum of not more than
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two and one-half times the amount of the fraud or theft or
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imprisoned not more than 15 years, or both.
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(b) Any person who intentionally and without authorization,
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directly or indirectly accesses, alters, damages, destroys or
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attempts to damage or destroy any computer, computer system,
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computer network, or any computer software, program or data, upon
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conviction thereof, shall be fined not more than $ 50,000.00 or
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imprisoned not more than 15 years, or both.
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SECTION 16-9-94 Venue
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For the purpose of venue under this article, any violation
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of this article shall be considered to have been committed:
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/*"Venue" is the law of where a case will be heard. Venue is easy
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in an armed robbery of a liquor store, since you know where the
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crime took place, and ordinarily, crimes are tried in the area
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where they took place. But in computer crime, it is very hard to
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figure out where the crime took place. The venue provision of
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Georgia basically says that it can be tried wherever you can
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catch the baddie. */
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(1) In any county in which an act was performed in
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furtherance of any transaction which violated this article;
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(2) In the county of the principal place of business in
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this state of the owner or lessee of a computer, computer system,
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computer network or any part thereof;
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/*Caught them! This section is gibberish. This literally means
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that anywhere where someone owns a computer is a good place to
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try any computer crime. I think that they mean the place of
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business where the owner of a computer that was illegal accessed
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or affected is located, but, then again, it could refer to where
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the criminal has his place of business. */
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(3) In any county in which any violator had control or
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possession of any proceeds of the violation or of any books,
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records, documents, property financial instrument, computer
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software, computer program, or other material or objects which
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were used in furtherance of this violation; and
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(4) In any county from which, to which, or through which any
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access to a computer or computer network was made, whether by
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wire, electromagnetic waves, microwaves, or any other means of
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communication.
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SECTION 16-9-95 Duty to report violation of this article;
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immunity from liability for making such report
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It is the duty of every business, partnership, college,
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university, person, state, county or local government agency
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department or branch thereof; corporation, or other business
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entity which has reasonable grounds to believe that a violation
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of this article has been committed to report promptly the
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suspected violation to law enforcement authorities. When acting
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in good faith, such business, partnership, college, university,
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person, state, county, or local governmental agency or department
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or branch thereof, or other business entity shall be immune from
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any civil liability for such reporting.
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/* The snitch act. Well, if you turn someone in for violating
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computer crimes, and then they win the case, you will probably be
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sued for malicious prosecution anyway, and will have to go to the
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jury on your good faith anyway. There is no penalty mentioned for
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failure to comply with this duty. Be very careful not to report
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anyone who might get off!!! */
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