202 lines
8.5 KiB
Plaintext
202 lines
8.5 KiB
Plaintext
/* R FRINGE COMMENTARY: Here's the New Hampshire Computer Crimes
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Law, adopted in January, 1986, New Hampshire Revised Statutes
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[1955] section 638:16.*/
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SECTION 638:16 Computer Crime; Definitions
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For the purpose of this subdivision:
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I. "Access" means to instruct, communicate with, store data
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in, retrieve data from a computer, computer system or computer
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network.
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II. "Computer" means a programmable, electronic device
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capable of accepting and processing data.
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III. "Computer network" means (a) a set of related devices
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connected to a computer by communication facilities, or (b) a
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complex of two or more computers, including related devices,
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connected by communications facilities.
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IV. "Computer program" means a set of instructions, or
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statements or related data that, in actual or modified form, is
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capable of causing a computer to perform specified functions.
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V. "Computer services" includes, but is not limited to,
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computer access, data processing and data storage.
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VI. "Computer software" one or more computer programs,
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existing in any form, or associated operational procedures,
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manuals, or other documentation.
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VII. "Computer system" means a computer, its software,
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related equipment, communications facilities, if any, and
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includes computer networks.
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VIII. "Data" means information of any kind in any
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form, including computer software.
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IX. "Person" means a natural person, corporation, trust,
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partnership, incorporated or unincorporated association, and any
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other legal or governmental entity, including any state or
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municipal entity or public official.
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/* This means that the state, despite the current status of the
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law (states aren't liable for copyright infringement) is included
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in the computer crimes field. */
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X. "Property" means anything of value, including data.
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SECTION 638:17 Computer Related Offenses.
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I. A person is guilty of the computer crime of unauthorized
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access to a computer system when, knowing that he is not
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authorized to do so, he knowingly access or causes to be
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accessed any computer system without authorization. It shall be
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an affirmative defense to prosecution for unauthorized access to
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a computer system that:
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(a) The person reasonably believed that the owner of the
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computer system, or a person empowered to license access thereto,
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had authorized him to access; or
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(b) The person reasonably believes that the owner of the
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computer system, or a person empowered to license access thereto,
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would have authorized him to access without payment of any
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consideration;
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/* If you are running a BBS and you want to limit access to only
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those who give their real names, and the system is a no-charge
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BBS, then you would have to make that clear on sign on. Please
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see the source code library for ASCII code for such a sign on. */
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(c) The person reasonably could not have known that his
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access was unauthorized.
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II. A person is guilty of the computer crime of theft of
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computer services when he knowingly accesses or causes to be used
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a computer system with the purpose of obtaining unauthorized
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computer services.
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III. A person is guilty of the computer crime of interruption
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of computer services when he, without authorization, knowingly or
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recklessly disrupts or degrades or causes the disruption or
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degradation of computer services or denies or causes the denial
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of computer services to an authorized user of a computer system.
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IV. A person is guilty
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of the computer crime of misuse of computer system information
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when:
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(a) As a result of his accessing or causing to be accessed
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a computer system, he intentionally makes or causes to be made an
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unauthorized display, use, disclosure or copy, in any form, of
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data residing in, communicated by or produced by a computer
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system; or
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(b) he knowingly or recklessly and without authorization:
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(1) Alters, deletes, tampers with, damages, destroys or
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takes data intended for use by a computer system, whether
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residing within or external to a computer system; or
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(2) Intercepts or adds data to data residing within a computer
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system; or
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(c) he knowingly receives or retains data obtained in
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violation of subparagraph (a) or (b) of this paragraph; or
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(d) He knowingly uses or discloses any data he knows or
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believes was obtained in violation of subparagraph (a) or
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(b) of this subsection.
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V. A person is guilty of the computer crime of destruction
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of computer equipment when he, without authorization, knowingly
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or recklessly tampers with, takes, transfers, conceals, alters,
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damages or destroys any equipment used in a computer system or
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knowingly or recklessly causes any of the foregoing to occur.
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SECTION 638:18 Computer Crime Penalties.
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I. Computer crime constitutes a class A felony if the damage
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to the damage to or the value of the property or computer
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services exceeds $ 1,000.
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II. Computer crime constitutes a Class B felony if:
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(a) The damage to or the value of the property or computer services
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exceeds $ 500; or
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(b) The person recklessly engages in conduct which creates a
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risk of serious physical injury to another person.
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III. Computer crime is a misdemeanor if the damage to or the
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value of the property or computer services, if any, is $ 500 or
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less.
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IV. If a person has gained money, property or services or
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other consideration through the commission of any offense under
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RS 638:17, upon conviction thereof, the court, in addition to any
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sentence of imprisonment or other form of sentence authorized by
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RSA 651, may in lieu of imposing a fine, may sentence the
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defendant to pay an amount, fixed by the court, not to exceed
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double the amount of the defendant's gain from the commission of
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such offense. In such case the court shall make a finding as to
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the amount of the defendant's gain from the offense, and if the
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record does not contain sufficient evidence to support such a
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finding, the court may conduct a hearing upon the issue. For the
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purpose of this section, "gain" means the amount of money or the
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value of property or computer services or other consideration
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derived.
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V. For the purposes of this section:
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(a) The value of property or computer services shall be:
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(1) The market value of the property or computer services at
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the time of the violation; or
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(2) if the property or computer services are unrecoverable,
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damaged or destroyed as a result of a violation of RSA 638:17 the
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cost of reproducing or replacing the property or computer
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services at the time of the violation.
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(b) Amounts included in violations of RSA 638:17 committed
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pursuant to one scheme or course of conduct, whether from the
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same person or several persons, may be aggregated in determining
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the grade of the offense.
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(c) When the value of the property or computer services or
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damage thereto cannot be satisfactorily ascertained, the value
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shall be deemed to be two hundred fifty dollars.
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SECTION 638:19 Venue
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I. In any prosecution for a violation of RSA 638:17
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the offense shall be deemed to have been committed in the town in
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which the act occurred or in which the computer system or part
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thereof involved in the violation was located.
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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 New
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Hampshire basically says that it can be tried wherever you can
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catch the baddie. */
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II. In any prosecution for a violation of RSA 638:17 based
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upon more than one act in violation thereof, the offense shall be
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deemed to have been committed in any of the towns in which any of
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the acts occurred or in which a computer system or part thereof
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involved in a violation was located.
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III. If any act performed in furtherance of the offenses
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prohibited by RSA 638:17 occurs in this state or if any computer
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system or part thereof accessed in violation of RSA 638:17 is
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located in this state, the offense shall be deemed to have
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occurred in this state.
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