State-based Computer Abuse Law - Assignment Example

State-based computer abuse law § 1-1.0: Definitions The words defined below are in relation to this chapter with exception to any other meaning which will be specified. 1. Computer: a device or a collection of devices that have the ability to manipulate electrochemical, magnetic, electronic, or optical impulses using a computer program enabling it perform logical, arithmetic, storage or retrieval operations on computer data, and encompasses any device, facility or equipment that is connected to or directly related to the computer allowing it to store retrieve or communicate to or from another computer, a person or a device such results, computer programs or computer data. 2. Computer programs: set of data that are ordered coded instructions or statements that if executed by a computer leads the computer to process data that can lead a computer to perform one or more operations, that can be in the form of magnetic storage media, punched cards, or stored internally in the memory of the computer. 3. Computer data: this is a property that represents information, knowledge, facts, concepts or instructions that are undergoing processing or have been processed and can be in forms such as magnetic storage media, punched cards, or stored internally in the memory of the computer 4. Computer services: this simply stands for allservices provided through or by facilities in the computer system that allow input, output, examination, or transfer, of computer data or computer programs from a computer to another 5. Felony: as applied to this section it simply means any felony defined in the state law or any other in the laws of any other jurisdiction to which an imprisonment for a term above one year is authorised 6. Computer material: means any computer data or program that: contains records of medical history, medical treatment of an individual or individuals that are identifiable or readily identifiable, or contains materials that are maintained by the state or any political division of such affiliations. Computer or computer services use without authority: this means use of computer or computer services without the permission of the owner Access: means to communicate with, instruct, cause input or output, data processing or make use of computer, computer systems or computer networks. §1-2: Felonies and demeanours § 1-2. 1: Unauthorised use of computer A person is guilty of unauthorised use of computer when he/ she uses, causes to be used, or accesses a computer, computer data, computer program, computer network or service knowingly without being authorised.This falls under class a misdemeanour. § 1-2. 2: Computer trespassing A person is guilty of unauthorised use of computer when he/ she uses, causes to be used, or accesses a computer, computer network or service knowingly without authority intends to cause computer malfunction; permanently or temporarily remove, disable, or stop computer software, computer data, or computer network; cause change or erase any computer software or data; cause physical injury; falsely identify with the intention of deceiving, forging commercial electronic information, defrauding, or routing information in the form of unsolicited bulk commercial electronic mail. Such a person commits a class A felony. § 1-2. 3: Forth degree computer tampering A person becomes guilty of forth degree computer tempering when A person is guilty of unauthorised use of computer when he/ she uses, causes to be used, or accesses a computer, computer network or service knowingly without being authorised with the attempt or intent to commit or commits a felony. § 1-2. 4: Third degree computer tampering A person becomes guilty of third degree computer tempering when A person is guilty of unauthorised use of computer when he/ she uses, causes to be used, or accesses a computer, computer network or service knowingly without being authorisedand he or she as a result knowingly gains access to computer materials and such a person has in the past been convicted of any crime covered under this article and/or he or she goes ahead and intentionally destroys or alters computer materials, or he or she intentionally alters or destroys data or computer program leading total damage of one thousand dollars. This is a class E felony. § 1-2. 5: Second degree computer tampering A person becomes guilty of second degree computer tempering when he or she commits the forth degree felony with the intention of altering or destroying computer data or information that amounts to a total not less than three thousand dollars, or computer materials that have medical records, history and treatment of someone that can be identified or has been identified, and the results of such destruction or alteration leads to serious physical injury of that individual, yet he or she is aware of the results of such actions but disregards them leading to such risks. This is classified under class D felony. § 1-2. 5: First degree computer tampering A person becomes guilty of first degree felony when he or she commits forth degree computer tampering and wilfully destroys or alters computer data or computer program intentionally leading to damage that amount to a total of fifty thousand dollars. This falls under class C felony. § 1-2. 6: Second degree unlawful duplication of materials related to computer A person becomes guilty of second degree unlawful duplication of materials related to a computer when he/she has no rights to do but produces copies, duplicates, or reproduces computer materials or data that contains medical information, history and records of an individual or individuals with the intention to commit criminal actions under this article. This is classified under class B misdemeanour. § 1-2. 7: First degree unlawful duplication of materials related to computer A person becomes guilty of first degree unlawful duplication of materials related to computer when they have no such rights to do so but goes ahead and copies duplicates or reproduces any computer materials or data or computer program leading to intentional and wrongful deprivement of appropriate economic value and benefits from an owner that sums up to over two thousand five hundred dollars, or any computer material or data, or computer program with an intention of committing any felony. This is classified under class E felony § 1-2. 8: Criminal possession of materials related to computer A person becomes guilty of possessing materials related to a computer when though he has no right to do so, yet knowingly proceeds to possess in any form such as copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated violating First degree unlawful duplication of materials related to computer with an intent to benefit him or herself and others other than the owner. This is classified under class E felony. § 1-2. 9: Accessing government computers 1. It is against the law to wilfully or unwilfully access or take such action that would lead to such computers be accessed for any purposes such as taking actions that are fraudulent in nature, or obtain services or property though ways that are fraudulent in nature such as pretences, representations, or promises. This is classified under class F felony (ncleg.net 2014). 2. If a person wilfully and with no authority, accesses in any manner computers belonging to the government for any purposes not specified in subsection 1 above the person is guilty of class H felony. 3. If a person wilfully and with no authority, access in any manner computers belonging to the government that contain educational testing materials or materials related to vocational testing scores or grades shall be guilty of class 1 misdemeanour. § 1-2. 10: Cyber bullying: Minor It shall be deemed unlawful for any person to use a computer network or computer for purposes such as having intent to torment or intimidate a minor: by building a face profile or a website, or pose as a minor in an internet chat room, instant messaging or an electronic mail message. It shall also be deemed unlawful for a person to follow a minor to a chat room or post or encourage others to post information that is private, personal and sexual in regards to a minor, with the intent of intimidating a minor or the minor’s parents or guardians; posts images whether real or doctored, access, alter or destroy data related to computer, computer network, computer program, or computer software that includes breaking into an account that is password protected or use computer system to make electronic communication that is repeated, and sustained that includes electronic mail or other forms to a minor A person shall be guilty of making any statement, true or falsified intended to provoke and stalk a minor. A person shall be guilty of copying and spreading of information related to a minor with an intention to intimidate the minor, sign up for pornographic sites with the intention of intimidating a minor, without being granted permission by the minors parents or guardians sign up the minor for electronic mailing list causing him/her to receive junk electronic messages or instant messages with the intention of intimidating and tormenting the minor. Any person who takes such actions as mention in this section shall be considered guilty of cyber bullying. This is classified under class 1 misdemeanour if the defendant is 18 years and over at the time the offence took place. If the offender is below the age of 18 at the time of offence it is classified under class 2 misdemeanour. § 1-3: Computer offenses and defence In whatever prosecution under this article it shall be considered defence that the defendant had reasons to believe that authority was granted to them to use the computer. Under this article it shall be considered defence that the defendant had reasons to believe that authority was granted to alter, or destroy computer data or computer program. In whatever prosecution under this article it shall be considered defence that the defendant reasons to believe that authority was granted to copy reproduce or duplicate computer data or computer material. References ncleg.net 2014. Article 60.Computer-Related Crime. Retrieved 26 June 2014, from http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_60.html FindLaw.2014 New York Computer Crimes Laws.Retrieved 26 June 2014, from http://statelaws.findlaw.com/new-york-law/new-york-computer-crimes-laws.html New York Laws.2014.Laws of new York state. Retrieved 26 June 2014, from http://ypdcrime.com/penal.law/article156.htm New York Electronic Crime Laws. Article 156- offenses involving computers: definition of terms. 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