112 lines
4.7 KiB
Plaintext
112 lines
4.7 KiB
Plaintext
/* R FRINGE COMMENTARY- The Kansas Computer Crimes Law
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follows, Kansas, Section 21-3755, adopted 1985*/
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SECTION 21-3755 Computer crime, unlawful computer access
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(1) As used in this section, the following words and phrases
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shall have the meanings respectively ascribed thereto:
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(a) "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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(b) "Computer" means an electronic device which performs work
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using programmed instructions and which has one or more of the
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capabilities of storage, logic, arithmetic or communication and
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includes all input, output, processing, storage, software or
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communication facilities which are connected or related to such a
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device in a system or network.
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(c) "Computer network" means the interconnection of
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communications lines, including microwave or other means of
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electronic communication, with a computer through remote
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terminals, or a complex consisting of two or more interconnected
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computers.
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(d) "Computer program" means a series of instructions or
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statements in a form acceptable to a computer which permits the
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functioning of a computer system in a manner designed to provide
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appropriate products from such computer system.
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(e) "Computer software" means computer programs, procedures
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and associated documentation concerned with the operation of a
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computer system.
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(f) "Computer system" means a set of related computer
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equipment or devices, which may be connected or unconnected.
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(g) "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, debit card or marketable security.
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(h) "Property" includes, but is not limited to, financial
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instruments, information, electronically produced or stored data,
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supporting documentation and computer software in either machine
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or human readable form, and any other tangible or intangible item
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of value.
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(i) "Services" includes, but is not limited to, computer
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time, data processing and storage functions and other uses of a
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computer computer system or computer network to perform useful
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work.
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(j) "Supporting documentation" includes, but is not limited
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to, all documentation used in the construction, classification,
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implementation, use or modification of computer software,
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computer programs or data.
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(2) Computer crime is:
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(a) Willfully and without authorization gaining or attempting
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to gain access to and damaging, modifying, altering, destroying,
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copying, disclosing or taking possession of a computer, computer
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system, computer network or any other property;
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(b) using a computer, computer system, computer network or
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any other property for the purpose of devising or executing a
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scheme or artifice to defraud or for the purpose of obtaining
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money, property, services, or any other thing of value by means
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of false or fraudulent pretenses;
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/* It's hard to believe that the nice legislators meant to
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include "or any other property" in the computer crimes law. That
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means that it is a computer crime to use a check, bank draft etc.
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to commit a crime. They probably meant "computer software" etc.*/
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(c) willfully exceeding the limits of authorization and
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damaging, modifying, altering, destroying, copying, disclosing or
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taking possession of a computer, computer system, computer
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network or any other property.
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Computer crime which causes a loss of the value of less than
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$ 150 is a class A misdemeanor.
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Computer crime which causes a loss of the value of $ 150 or
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more is a class E felony.
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(3) In any prosecution for computer crime, it is a defense
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that the property or services were appropriated openly and
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avowedly under a claim of title made in good faith.
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/* If you have a good "claim of title", which is another way of
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saying, the right to do it, then you have a defense, so long as
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the offender did it in good faith.*/
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(4) Unlawful computer access is willingly, fraudulently, and
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without authorization gaining or attempting to gain access to any
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computer, computer system, computer network or to any computer
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software, program, documentation, data or property contained in
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any computer, computer system or computer network.
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/* This computer crime covers the situation in which a user logs
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on with a false name to a BBS if you make it clear that they must
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use their real name. */
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Unlawful computer access is a class A misdemeanor.
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(5) This section shall be part of and supplemental to the
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Kansas criminal code.
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