165 lines
7.0 KiB
Plaintext
165 lines
7.0 KiB
Plaintext
/* R FRINGE COMMENTARY- The Missouri Computer Crimes Law
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follows, Missouri Statutes, 569.093, adopted 1982 */
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SECTION 569.093 Definitions
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As used in this sections 569.094 to 569.099 and in section
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537.525 RSMo, the following words terms mean:
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(1) "Access", to instruct, communicate with, store data in,
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retrieve or extract data from, or otherwise make use of any of
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the resources of a computer, computer system or computer network;
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(2) "Computer", a functional unit that can perform
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substantial computation, including numerous arithmetic
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operations, logic operations, or data processing, without
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intervention by human operating during a run;
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(3) "Computer equipment", computers, terminals, data storage
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devices, and all other computer hardware associated with a
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computer system or network;
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(4) "Computer network", a complex consisting of two or more
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interconnected computers or computer systems;
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(5) "Computer program" a set of instructions, statements,
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or related data that directs or is intended to direct a computer
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to perform certain functions;
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(6) "Computer software", a set of computer programs,
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procedures and associated documentation pertaining to the
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operation of a computer system or computer network;
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(7) "Computer system", a set of related, connected or
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unconnected, computer equipment, data or software.
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(8) "Damage", any alteration, deletion, or destruction of any
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part of a computer system or network;
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(9) "Data", a representation of information, facts,
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knowledge, concepts, or instructions prepared in a formalized or
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other manner and intended for use in a computer or computer
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network. Data may be in any form including, but not limited to,
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printouts, microfiche, magnetic storage media, punched cards and
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as may be stored in the memory of a computer;
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(10) "Property" anything of value as defined in subdivision
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(10) of section 570.010, RSMo, and includes, but is not limited
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to, financial instruments, information, including electronically
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produced data, and computer software and programs in either
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machine or human readable form, and any other tangible or
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intangible item of value.
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(11) "Services", the use of a computer, computer system, or
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computer network and includes, but is not limited to, computer
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time, data processing and storage or retrieval functions.
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SECTION 569.094 Computer printouts used as evidence, when
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In a prosecution under sections 569.095 to 569.099, computer
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printouts shall be competent evidence of any computer software,
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program, or data contained in or taken from a computer, computer
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system, or computer network.
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SECTION 569.095 Tampering with computer data, penalties
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1. A person commits the crime of tampering with computer data
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if he knowingly and without authorization or without reasonable
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grounds to believe that he has such authorization:
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(1) Modifies or destroys data or programs residing or
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existing internal to a computer, computer system or computer
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network; or
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(2) Modifies or destroys data or program ors supporting
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documentation residing or existing external to a computer,
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computer system, or computer network; or
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(3) Discloses or takes data, programs, or supporting
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documentation, residing or existing internal or external to a
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computer, computer system, or computer network; or
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(4) Discloses or takes a password, identifying code, personal
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identification number, or other confidential information about a
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computer system or network that is intended to or does control
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access to the computer system or network;
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/* How do you know what information is confidential? The statute
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doesn't make this clear at all, so, it would seem that unless the
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information other than passwords is prominently marked as
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"confidential under Missouri Statutes 569.095, that this would be
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a very hard case to prove.*/
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(5) Accesses a computer, a computer system, or a computer
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network and intentionally examines information about another
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person;
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/* This is drafted so broadly as to possibly be meaningless or
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invalid. It is quite possible (see Quick BBS for one) for a BBS
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to list the names and phone numbers of others on the system. The
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law seems to be intended to prevent people from reading data that
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is worthy of protection from outside viewing and ordinarily
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considered as confidential. As written this provision may be "
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void for vagueness." */
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(6) Receives, retains, uses or discloses any data he knows or
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believes was obtained in violation of this subsection.
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2. Tampering with computer data is a class A misdemeanor,
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unless the offense is committed for the purpose of devising or
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executing any scheme to defraud, in which case it is a class D
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felony.
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SECTION 569.097 Tampering with computer equipment, penalties
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1. A person commits the crime of tampering with computer
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equipment if he knowingly and without authorization or without
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reasonable grounds to believe that he has such authorization:
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(1) Modifies, destroys, damages, or takes equipment or data
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storage devices used or intended to be used in a computer,
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computer system, or computer network.
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(2) Modifies, destroys, damages, or takes any computer,
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computer system, or computer network.
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2. Tampering with computer equipment is a class A
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misdemeanor, unless:
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(1) The offense is committed for the purpose of executing any
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scheme or artifice to defraud or obtain any property, the value
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of which is one hundred fifty dollars of more but less than one
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thousand dollars, in which case it is a class D felony; or
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(2) The damage to such computer equipment or to the computer,
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computer system, or computer network is one hundred fifty dollars
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or more but less than one thousand dollars, in which case it is a
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class D felony; or
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(3) The damage to such computer equipment or to the computer,
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computer, computer system, or compute network is one thousand
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dollars or greater, in which case it is a class C felony.
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SECTION 569.099 Tampering with computer users, penalties
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1. A person commits the crime of tampering with computer
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users if he knowingly and without authorization or without
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reasonable grounds to believe that he has such authorization:
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(1) Accesses or causes to be accessed any computer, computer
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system, or computer network; or
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(2) Denies or causes the denial of computer system services
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to an authorized user of such computer system services, which, in
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whole or in part, is owned by, under contract to, or operated
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form or on behalf of, or in conjunction with another.
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2. The offense of tampering with computer users is a class A
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misdemeanor unless the offense is committed for the purpose of
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devising or executing any scheme or artifice to defraud or to
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obtain any property, the value of which is one hundred fifty
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dollars, or more, in which case tampering with computer users is
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a Class D felony.
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