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- Date: 20 Jul 91 18:12:23 GMT
- From: sl4r7@cc.usu.edu
- Subject: File 7--Reasonable laws on computer crime
-
- All this talk of clamping down on hackers has made me think about what
- would make good laws on computer crime. Below is a summary of what I
- think would make for resonable laws on hacking (or cracking, whatever
- you like to call it.) Note, I have probably left out several things.
- I hope that a little bit of discussion will hone the list a bit and make it
- nice and pretty. (Optimistic aren't I :-) )
-
- I try to separate several of the activities into different crimes that vary
- in seriousness. This list should go from the least serious to the most
- serious, more or less.
-
- 1. Computerized Nuisance: Using a computer system and/or network or
- communication system with intent to create a public nuisance.
- This would be a light misdemeanor.
- (This is meant to deal with those who do things like dial the entire
- phone exchange or any like thing to make themself a pest. I
- included intent to try to exclude those who are just incompetent
- and didn't realize what they were doing.)
-
- 2. Computer Trespass: This would include accessing a computer system
- without permission from the owner/operator. This does not include
- failed attempts to login and would also be a misdemeanor.
- (This is meant to cover those who break into a system and just
- look around without causing damage.)
-
- 3. Computer Vandalism: Using a computer to access a computer system or
- other service with intent to cause damage, but without intent to
- profit financially. Dammage would include deleting files, reformating
- disks, causing a crash, or depriving the owner/operator from using
- the system or the data on the system. On a first offense with minimal
- damage, this would be a misdemeanor. On second offenses or cases where
- the damage was estimated to cost over $5,000? this could be a 3rd
- degree felony.
- (This should cover hackers who deliberatly crash a system as
- well as ex-employees looking to get even. The latter is more
- likely IMHO. The estimation of value would need to be done by an
- unbiased third party.)
-
- 4. Computer Sabotage: As #3, but with intent to profit financially or
- commercially. This would be a felony, possibly a 2nd degree if the
- stakes were high enough. (I don't know how much this would be used,
- but it's a possibility.)
-
- 5. Theft of Information: Using a computer and/or network or communications
- system to obtain a copy of proprietary (non-public) data, information
- or software that is of significant value ($1000? determined by
- a third party) to the owner. I would divide this into two sections.
- The first would be for people who never intended to profit from the
- stolen information. This would be serious misdemeanor on the first
- offence, and a felony on any following offenses. The second would
- be for those who intended to make a profit. This would be a third
- degree felony or perhaps a second degree felony if the value were
- high enough and the offender had a record of this in the past.
-
- Credit cards, calling cards: I think misuse of these should be covered
- separately. Though if some one hacks a computer to get the card
- numbers it would probably be covered by the above laws. (I think
- they are already, perhaps some one who knows more about credit card
- laws could add more.)
-
- I haven't addressed laws about e-mail and the like, because I wanted to keep
- it as specific to computer break-ins as posible. (And I'm out of time :-) )
-
- So, what do you think? Wait a minute! I've got to get my asbestos suit on.
-
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