Beijing Paradise BBS Backup/PARADISE.ISO/software/BBSDOORW/BBSLAW03.ZIP/AR-LAW.STA

Text File | 1993-03-21 | 5.5 KB | 135 lines

/* BBS LEGAL GUIDE COMMENTARY: Arkansas has one of the most
comprehensive set of regulations on computer use.... The computer
crimes law was adopted in 1987. Arkansas Code of 1987, Section 5-
41-101*/

SECTION 5-41-101. Purpose

          It is found and determined that computer-related crime
poses a major problem for business and government; that losses
for each incident of computer-related crime are potentially
astronomical; that the opportunities for computer-related crime in
business and government through the introduction of fraudulent
records into a computer system, the unauthorized use of
computers, the alteration or destruction of computer information
or files, and the stealing of financial instruments, data, and
other assets are great; that computer-related crime has a direct
affect on state commerce; and that, while various forms of
computer crime might possibly be the subject of criminal charges
based on other provisions of law, it is appropriate and
desirable that a statute be enacted which deals directly with
computer crime.

SECTION 5-41-102. Definitions.

     As used in this chapter, unless the context otherwise
required:

     (1) "Access" means to instruct, communicate with, store
data in, or retrieve data from a computer, computer system,
or computer network;

     (2) "Computer" means an electronic device that performs,
logic, arithmetic, and memory functions by manipulating
electronic or magnetic impulses and includes all input, output,
processing, storage, computer software, and communication
facilities that are connected or related to that device in a
system or a network;

     (3) "Computer network" means the interconnection of
communications lines with a computer through remote terminals or
a complex consisting of two or more interconnection computers;

/* A BBS is a "computer network under this statute and is thus
protected by the statute. */

     (4) "Computer program" means a set of instructions, or
statements and related data that, is capable of causing a
computer or computer system to perform specified functions;

     (5) "Computer software" means one (1) or computer programs,
existing in any form, or any associated operational procedures,
manuals or other documentation;

     (6) "Computer system" means a set of related, connected or
unconnected computers other devices and software;

     (7) "Data" means  any representation of information, knowledge,
facts, concepts or instructions which are being prepared or
have been prepared and are intended to be processed or stored,
are being processed or stored, or have been processed or stored
in a computer, computer network or computer system;

     (8) "Financial instrument" includes, but is not limited to,
any check, draft, warrant, money order, note, certificate of
deposit, letter of credit, bill of exchange, credit or debit
card, transaction authorization mechanism, marketable security or
any computer system representation thereof;

     (9) "Property" includes, but is not limited to, financial
instruments, computer programs, documents associated with
computer programs; or copies thereof, whether tangible or
intangible, including both human and computer readable data, and
data while in transit;

     (10) "Services" includes, but is not limited to, the use of
a computer, a computer network, computer software, a computer
program, or data.

SECTION 5-41-103 Computer fraud.

     (a) Any person commits computer fraud who intentionally
accesses or causes to be accessed any computer, computer system,
computer network, or any part thereof for the purpose of:

     (1) Devising or executing any scheme or artifice to defraud
or to extort; or

     (2) Obtaining money, property, or services with false or
fraudulent intent, representation, or promises.

     (3) Computer fraud is a Class D felony.

SECTION 5-41-104 Computer trespass

     (a) Any person commits computer trespass who intentionally
and without authorization accesses, alters, deletes, damages,
destroys, or disrupts any computer, computer system, computer
network, computer program or data.

/* This protects the BBS against invasion, virusing, and arguably
from use not in accordance with the rules of the system. */

     (b) Computer trespass is a Class C misdemeanor if it is a
first violation which does not cause any loss or damage;

     (c) Computer trespass is a Class B misdemeanor if:

     (1) It is a second or subsequent violation which does not
cause any loss or damage; or

     (2) It is a violation which causes loss or damages of less
than five hundred dollars ($500).

     (d) Computer trespass is a Class A misdemeanor if it is a
violation which causes loss or damage of five hundred dollars ($
500) or more, but less than twenty-five hundred dollars ($
2,500.)

     (e) Computer trespass is a Class D felony if it is a
violation which causes loss or damages of two thousand five
hundred dollars ($ 2,500) or more.

SECTION 5-41-105 Venue of violations

     For the purposes of venue under this chapter, any violation
of this chapter shall be considered to have been committed in
any county:

     (1) In which any act was performed in furtherance of any
course of conduct which violated this chapter;

     (2) In which any violator had control of or possession of
any proceeds of any course of conduct which violated this
chapter.