| formerly Isherwood
Location: San Diego, CA Posts: 14,228 | California, New York and a few other states have laws against "unauthorized use of a computer". Quote:
342.1. [1] Every one who, fraudulently and without colour of right,
[a] obtains, directly or indirectly, any computer service,
[b] by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system, or
[c] uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph [a] or [b] or an offence under section 430 in relation to data or a computer system
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.
[2] In this section,
"computer program"
means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;
"computer service"
includes data processing and the storage or retrieval of data;
"computer system"
means a device that, or a group of interconnected or related devices one or more of which,
[a] contains computer programs or other data, and
[b] pursuant to computer programs,
[i] performs logic and control, and
[ii] may perform any other function;
"data"
means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer system;
"electro-magnetic, acoustic, or other device"
means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;
"function"
includes logic, control, arithmetic, deletion, storage and retrieval and communications or telecommunications to, from or within a computer system;
"intercept"
includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof. [R.S.C. 1985, C.27 [1st Supp.], s.45.]
This section makes it a hybrid offence for a person fraudulently or without colour of right to obtain, directly or indirectly, any computer service, or to intercept or cause to be intercepted, directly or indirectly, any function of a computer service by means of any device. It further states that it is an offence to use or cause to be used, directly or indirectly, a computer system with intent to commit either of the offences described above or an offence under s.430. Subsection [2] contains an extensive set of definitions of terms relevant to this offence. The maximum term of imprisonment upon conviction for the indictable offence described in this section is ten years.
| 342.1 UNAUTHORIZED USE OF COMPUTER |