166 lines
8.5 KiB
Plaintext
166 lines
8.5 KiB
Plaintext
West Virginia State Law
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Contact -U1E63@WVNVM "Bruce M. MacIsaac" 2-MAY-1989 13:27
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The following is the first part of a newly elected state law in West
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Vriginia.
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Computer Fraud
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Any person who, knowingly and willfully, directly or indirectly
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accesses or causes to be accessed any computer, computer services
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or computer network for the purpose of (1) executing any scheme or artifice
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to defraud or (2) obtaining money, property or services by means of
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fraudulent pretenses, representations or promises shall be guilty of a
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felony, and upon conviction thereof, shall be fined not more than ten
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thousand dollars or imprisioned in the penitentiary for not more than
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ten years or both.
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Unauthorized access to computer services
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Any person who knowlingly, willfully and without authorization directly
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or indirectly accesses or causes to be accessed a computer or computer
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network with the intent to obtain computer services shall be guilty of
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a misdemeanor, and, upon conviction thereof, shall be fined not less than
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two hundred dollars and not more that one thousand dollars or confined in
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the county jail for not more than one year or both.
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Unauthorized possesion of computer data or programs
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(a) Any person who knowingly, willfully and without authorization posseses
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any computer data or computer program belonging to another and having a
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value of five thousand dollars or more shall be guilty of a felony, and upon
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conviction thereof, shall be fined not more than ten thousand dollars or
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imprisoned in the penitentiary for not more than ten years or both.
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(b) Any person who knowingly, willfully and without authorization posseses
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any computer data or computer program belonging to another and having a
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value less than of five thousand dollars shall be guilty of a misdemeanor,
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and upon conviction thereof, shall be fined not more than one thousand
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dollars or imprisoned in the county jail for not more than one year or both.
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Alteration, destruction, etc. of computer equipment
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Any person who knowingly, willfully and without authorization, directly or
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indirectly tampers with, deletes, alters, damages or destroye or attempts
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to tamper with, delete, alter, damage, or destroy any computer, computer
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network, computer software, computer resources, computer program or computer
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data shall be guilty of a felony and upon conviction thereof, shall be fined
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not more than ten thousand dollars or confined in the penitentiary not more
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than ten years or both, or, in the discretion of the court, be fined not less
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than two hundred nor more than one thousand dollars and confined in the
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county jail not more than one year.
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Disruption of computer services.
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Any person who knowingly, willfully and without authorization directly or
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indirectly disrupts or degrades or causes the disruption or degradation of
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computer services or denies or causes the denial of computer services to an
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authorized recipient or user of such computer services, shall be guilty of a
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misdemeanor, and, upon conviction thereof, shall be fined not less than two
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hundred nor more than one thousand dollars or confined in the county jail
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not more than one year, or both.
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Unauthorized possession of computer information, etc.
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Any person who knowingly, willfully and without authorization, possesses any
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computer data, computer software, computer supplies, or a computer program
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which he knows or reasonablly should know was obtained in violation of any
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section of this article shall be guilty of a misdemeanor, and, upon conviction
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thereof, shall be fined not less than two hundred nor more than one thousand
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dollars or confined in the county jail not more than one year, or both.
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Disclosure of computer security information.
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Any person who knowingly, willfully and without authorization, discloses a
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password, identifying code, personal identification number or other
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confidential information about a computer security system to another person
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shall be guilty of a misdemeanor, and, upon conviction thereof, shall be
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fined not more than five hundred dollars or confined in the county jail for
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not more than six months, or both.
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Obtaining confidential public information.
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Any person who knowingly, willfully and without authorization, access or
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causes to be accessed any computer or computer network and thereby obtains
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information filed by any person with the state or county or municipality
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which is required by law to be kept confidential shall be guilty of a mis-
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demeanor and, upon conviction thereof, shall be fined not more than five
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hundred dollars or confined in the county jail not more than six months,
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or both.
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Computer invasion of privacy.
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Any person who knowingly, willfully and without authorization, accesses a
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computer or computer network and examines any employment, salary, credit
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or any other financial or personal information relating to any other person,
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after the time at which the offender knows or reasonably should know that
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he is without authorization to view the information displayed, shall be
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guilty of a misdemeanor, and upon conviction thereof, shall be fined not
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more than five hundred dollars, or confined in the county jail for not more
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than six months, or both.
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Fraud and related activity in connection with access devices.
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(a) As used in this section, the following terms shall have the following
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meanings:
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(1) "Access device" means any card, plate, code, account number, or other
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means of account access that can be used, alone or in conjunction with another
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access device, to obtain money, goods, services, or any other thing of value,
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or that can be used to initiate a transfer of funds (other than a transfer
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originated solely be paper instrument);
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(2) "Counterfeit access device" means any access device that is counterfeit,
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fictitious, altered, or forged, or an identifiable component of an access
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device or a counterfeit access device;
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(3) "Unauthorized access device" means any access device that is lost, stolen,
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expired, revoked, cancelled, or obtained without authority;
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(4) "Produce" includes design, alter, authenticate, duplicate, or assemble;
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(5) "Traffic" means to transfer, or otherwise dispose of, to another, or to
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obtain control of with intent to transfer or dispose of.
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(b) Any person who knowingly and willfully possesses any counterfeit or
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unauthorized access device shall be guilty of a misdemeanor, and upon con-
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viction thereof, shall be fined not more than one thousand dollars or confined
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in the county jail for not more than six months, or both.
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(c) Any person who knowlingly, willfully and with intent to defraud possesses
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a counterfeit or unauthorized access device or who knowingly, willfully and
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with intent to defraud, uses, produces or traffics in any counterfeit or un-
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authorized access device shall be guilty of a felony and upon conviction
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thereof, shall be fined not more than ten thousand dollars or imprisoned in
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the penitentiary not more than ten years, or both.
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(d) This section shall not prohibit any lawfully authorized investigative or
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protective activity of any state, county or municipal law-enforcement agency.
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Endangering public safety.
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Any person who accesses a computer or computer network and knowingly, willfully
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and without authorization (a) interrupts or impairs the providing of services
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by any private or public utility; (b) interrupts or impairs the providing of
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any medical services; (c) interrupts or impairs the providing of services by
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any state, county or local government agency, public carrier, or public com-
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munication service; or otherwise endangers public safety shall be guilty of a
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felony and upon conviction thereof, shall be fined not more than fifty thou-
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sand dollars or imprisoned not more that twenty years, or both.
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Computer as an instrument of forgery.
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The creation, alteration, or deletion of any computer data contained in any
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computer or computer network, which if done on a tangible document or instru-
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ment would constitute forgery will also be deemed to be forgery. The absence
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of a tangible writing directly created or altered by the offender shall not
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be a defense to any crime set forth if a creation, alteration or deletion of
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computer data was involved in lieu of a tangible document or instrument.
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Civil relief includes Compensatory damages, Punitive damages, and such other
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relief as the court may deem appropriate.
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*** Comment ***
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The civil relief is much abridged, and I left out the defense legislation,
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but you get the just of it.
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