106 lines
4.4 KiB
Plaintext
106 lines
4.4 KiB
Plaintext
/* R FRINGE COMMENTARY: The Nebraska Computer Crimes Law,
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effective 1985, Nebraska Criminal Code, Section 28-1343*/
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SECTION 28-1343. Terms, defined.
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For the purposes of sections 28-1343 to 28-1348, unless the
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context otherwise requires:
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(1) Access shall mean to instruct, to communicate with, store
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data in, retrieve data from or otherwise use the resources of a
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computer computer network;
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(2) Computer shall mean a high-speed data processing device
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or system which performs logical, arithmetic, data storage and
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retrieval, communication or control functions, and includes any
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input, output, data storage, processing, or communications
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facilitates directly related to or operating in conjunction with
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any such device or system;
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(3) Computer network shall mean the interconnection of
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communication links with a computer or an interconnection of
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computers which communicate with each other;
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(4) Computer program shall mean an ordered set of
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instructions, statements or related data that directs or is
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intended to direct the computer to perform certain specified
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functions;
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(5) Data shall mean a representation or 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;
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(6) Property shall mean any tangible or intangible thing of
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value and shall include, but not be limited to, financial
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instruments, data, computer programs, information, computer-
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produced or stored data whether in human readable or computer
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readable form.
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SECTION 97-45-3. Computer fraud; penalties.
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(1) Computer fraud is the accessing or causing to be accessed
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of any computer, computer system, computer network, or any part
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thereof with the intent to:
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(a) Defraud, or
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(b) To obtain money, property or services by means of false
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or fraudulent conduct, practices or representations; or through
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the false or fraudulent alteration, deletion or insertion of
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programs or data.
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(2) Whoever commits the offense of computer fraud shall be
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punished, upon conviction, by a fine of not more than Ten
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Thousand Dollars, or by imprisonment for not more than five
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years, or both by such fine and imprisonment.
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SECTION 97-45-5. Offense against computer users; penalties
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(1) An offense against computer users is the intentional:
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(a) denial to an authorized user, without consent, of
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the full and effective use of or access to a computer, a
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computer system, a computer network or computer
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services; or
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(b) use or disclosure to another, without consent, of
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the numbers, codes, passwords or other means of access
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to a computer, a computer system, a computer network, or
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computer services.
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(2) Whoever commits an offense against computer users shall
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be punished, upon conviction, by a fine of not more than One
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Thousand Dollars ($ 1,000), or by imprisonment for not more than
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six months, or by both such fine and imprisonment. However, when
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the damage or loss amounts to a value of One Hundred Dollars or
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more, the offender may be punished, upon convictions, by a fine
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of not more than Ten Thousand Dollars, or imprisonment for not
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more than 5 years, or by both such fine and imprisonment.
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SECTION 97-45-7. Offense against computer equipment, penalties.
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(1) An offense against intellectual property is the
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intentional:
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(a) Destruction, insertion or modification, without
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consent, of intellectual property; or
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(b) Disclosure, use, copying, taking or accessing,
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without consent, of intellectual property.
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(2) Whoever commits an offense against intellectual property
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shall be punished, upon conviction, by a fine of not more than
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One Thousand Dollars ($ 1,000), or by imprisonment for not more
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than six months, or by both such fine and imprisonment. However,
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when the damage or loss amounts to a value of One Hundred Dollars
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or more, the offender may be punished, upon convictions, by a
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fine of not more than Ten Thousand Dollars, or imprisonment for
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not more than 5 years, or by both such fine and imprisonment.
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(3) 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 chapter.
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