140 lines
5.5 KiB
Plaintext
140 lines
5.5 KiB
Plaintext
The Louisiana Computer Related
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Crime, passed in 1984. */
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Louisiana Revised Statutes 14:73.1
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Definitions.
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As used in this Subpart unless the context clearly indicates
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otherwise:
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(1) "Access" means to program, to execute programs on, to
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communicate with, store data in, retrieve data from, or otherwise
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make use of any resources, including data or programs, of a
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computer, computer system or computer network.
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(2) "Computer" includes an electronic, magnetic, optical or other
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high-speed data processing device or system performing logical,
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arithmetic and storage functions and includes any property, data
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storage facility or communications facility directly related to
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or operating in conjunction with such device or system.
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"Computer" shall not include an automated typewriter or
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type-setter, a machine designed solely for word processing, or a
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portable hand-held calculator, nor shall "computer" include any
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other device which contains components similar to those in
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computers but which have the sole function of controlling the
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device for the single purpose for which the device is intended.
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(3) "Computer network" means a set of related, remotely connected
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devices and communications facilities including at least one
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computer system with the capability to transmit data through
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communication facilities.
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(4) "Computer program" means an ordered set of data representing
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coded instructions or statements that when executed by a computer
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cause the computer to process data.
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(5) "Computer services" means providing access to or service or
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data from a computer, a computer system or a computer network.
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(6) "Computer software" means a set of computer programs,
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procedures and associated documentation concerned with operation
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of a computer system.
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(7) "Computer system" means a set of functionally related,
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connected or unconnected, computer equipment, devices or computer
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software.
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(8) "Financial instrument" means any check, draft, money order,
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certificate of deposit, letter of credit, bill of exchange,
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access card as defined in R.S. 14:67.3, or marketable security.
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(9) "Intellectual property" includes data, computer programs,
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computer software, trade secrets as defined in R.S. 51:1431(4),
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copyrighted material and confidential or proprietary information,
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in any form or medium, when such is sorted in, produced by, or
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intended for use or storage with or in a computer, a computer
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system or a computer network.
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(10) "Proper means" includes:
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(a) Discovery by independent invention;
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(b) discovery by "reverse engineering"; that is, by starting with
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the known product and working backward to find the method by
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which it was developed. The acquisition of the known product
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shall be by lawful means;
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(c) Discovery under license or authority of the owner;
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(d) Observation of the property in public use or on public
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display; or,
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(e) Discovery in public literature.
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(11) "Property" means property as defined in R.S. 14:2(8) and
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shall specifically include but not be limited to, financial
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instruments, electronically stored or produced data and computer
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programs, whether in machine readable or human readable form.
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SECTION 73.2. Offenses against intellectual property
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A. An offense against intellectual property is the intentional:
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(1) Destruction, insertion,n or modification, without consent, of
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intellectual property; or
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(2) Disclosure, use, copying, taking or accessing, without
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consent, of intellectual property.
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B. (1) Whoever commits an offense against intellectual property
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shall be fined not more than five hundred dollars, or imprisoned
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for not more than six months, or both, for the commission of the
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offense.
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(2) However, when the damage or loss amounts to a value of five
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hundred dollars or more, the offender may be fined not more than
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ten thousand dollars, or imprisonment with or without hard labor,
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for not more than five years, or both.
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C. The provisions of this section shall not apply to the
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disclosure, use, copying, taking, or accessing by proper means as
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defined in this Subpart.
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Section 73.3. Offenses against computer equipment or supplies
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A. An offense against computer equipment or supplies is the
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intentional modification or destruction, without consent, of
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computer equipment or supplies used or intended to be used in a
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computer, computer system, or computer network.
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B. (1) Whoever commits an offense against computer equipment
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shall be fined not more than five hundred dollars, or imprisoned
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for not more than six months, or both, for the commission of the
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offense.
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(2) However, when the damage or loss amounts to a value of five
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hundred dollars or more, the offender may be fined not more than
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ten thousand dollars, or imprisonment with or without hard labor,
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for not more than five years, or both.
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Section 73.4. Computer fraud.
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A. Computer fraud is the accessing or causing to be accessed of
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any computer, computer system, computer network, or any part
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thereof with the intent to:
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(1) Defraud, or
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(2) Obtain money, property or services by means of false or
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fraudulent conduct, practices or representations, or through the
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alteration, deletion or insertion of programs or data.
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(2) Whoever commits the offense of computer fraud shall be fined
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more than ten thousand Dollars, or imprisoned with or without
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hard labor for not more than five years, or both.
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