130 lines
5.6 KiB
Plaintext
130 lines
5.6 KiB
Plaintext
/* R FRINGE COMMENTARY: Texas' Computer Crimes Law follows. */
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TITLE 7, Texas Penal Code
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SECTION 33.01 Definitions
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In this chapter:
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(1) "Communications common carrier" means a person who owns
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or operates a telephone system in this state that includes
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equipment or facilities for the conveyance, transmission, or
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reception of communications and who receives compensation
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from persons who use that system.
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/* A pay BBS might fall in this definition depending on how
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broadly the rather ambiguous term "telephone system" is defined.
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*/
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(2) "Computer" means an electronic device that performs
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logical, arithmetic, or memory functions by the manipulations
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of electronic or magnetic impulses and includes all input,
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output, processing, storage, or communication facilities that
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are connected or related to the device. "Computer" includes a
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network of two or more computers that are interconnected to
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function or communicate together.
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(3) "Computer program" means an ordered set of data
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representing coded instructions or statements that when
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executed by a computer cause the computer to process data or
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communicate together.
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(4) "Computer security system" means the design, procedures,
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or other measures that the person responsible for the
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operation and iue of a computer system employs to restrict
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the use of the computer to particular persons or users or
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that the owner or licensee of data stored or maintained by a
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computer in which the owner of licensee is entitled ot store
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or maintain the data employs to restrict access to the data.
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(5) "Data" means a representation of information, knowledge,
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facts, concepts, or instructions that is being prepared or
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has been prepared in a formalized manner and is intended to
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be stored or processed, is being stored or processed, or has
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been stored or processed in a computer. Data may be embodied
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in any form, including but not limited to computer printouts,
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magnetic storage media, and punchcards, or may be stored
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internally in the memory of the computer.
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(6) "Electric Utility" has the meaning assigned by Subsection
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(c), Section 3, Public Utility Regulatory Act.
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SECTION 33.02 Breach of computer security.
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(a) A person commits an offense if the person:
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(1) uses a computer without the effective consent of the
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owner of the computer or a person authorized to license
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access to the computer and the actor knows that there exists
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a computer security system intended to prevent him from
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making that use of the computer; or
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(2) gains access to data stored or maintained by a computer
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without the effective consent of the owner or licensee of the
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data and the actor knows that there exists a computer
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security system intended to prevent him from gaining access
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to that data.
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(b) A person commits an offense if the person intentionally or
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knowingly gives a password, identifying code, personal
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identification number, or other confidential information about
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a computer security system to another person without the
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effective consent of the person employing the computer security
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system to restrict the use of a computer or to restrict access
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to data stored or maintained by a computer.
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/* It is consequently VITAL to label all documentation "COMPUTER
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SECURITY SYSTEM INFORMATION- PROTECTED BY TEXAS COMPUTER CRIMES
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LAW. Likewise, be sure to put on sign on in critical parts of
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your "Computer security system" a similar legend. */
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(c) An offense under this section is a Class A misdemeanor.
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SECTION 33.03 Harmful access
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(a) A person commits an offense if the person intentionally or
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knowingly:
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(1) causes a computer to malfunction or interrupts the
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operation of a computer without the effective consent of the
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owner of the computer or a person authorized to license
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access to the computer; or
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(2) alters, damages, or destroys data or a computer program
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stored, maintained, or produced by a computer, without the
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effective consent of the owner or licensee of the data or
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computer program.
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(b) An offense under this section is:
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(1) a Class B misdemeanor if the conduct did not cause any
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loss or damage or if the value of the loss or damage caused
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by the conduct is less than $ 200; or
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(2) a Class A misdemeanor if the value of the loss or damage
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caused by the conduct is $ 200 or more but less than $ 2500;
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or
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(3) a felony of the third degree if the value of the loss or
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damage caused by the conduct is $ 2,500 or more.
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SECTION 33.04 Defenses
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It is an affirmative defense to prosecution under Section
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33.02 and 33.03 of this code that the actor was an officer,
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employee, or agent of a communication common carrier or
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electric utility and committed the proscribed act or acts in
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the course of employment while engaged in an activity that is
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a necessary incident to the rendition of service or to the
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protection of the rights or property of the communications
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common carrier or electric utility.
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SECTION 33.05 Assistance by Attorney General
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The attorney general, if requested to do so by a
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prosecuting attorney, may assist the prosecuting attorney in
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the investigation or prosecution of an offense under this
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chapter or of any other offense involving the use of a
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computer.
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Downloaded From P-80 International Information Systems 304-744-2253
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