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- 1989 OREGON REVISED STATUTES
- COPR. (c) 1989 by STATE OF OREGON Legislative Counsel Committee
- TITLE 16. CRIMES AND PUNISHMENTS
- CHAPTER 164. OFFENSES AGAINST PROPERTY
- CRIMINAL MISCHIEF AND RELATED OFFENSES
-
- 164.377. COMPUTER CRIME.
-
- (1) As used in this section:
- (a) To "access" means to instruct, communicate with, store data in, retrieve
- data from or otherwise make use of any resources of a COMPUTER, COMPUTER system
- or COMPUTER network.
- (b) "COMPUTER" means, but is not limited to, an electronic device which
- performs logical, arithmetic or memory functions by the manipulations of
- electronic, magnetic or optical signals or impulses, and includes all input,
- output, processing, storage, software or communication facilities which are
- connected or related to such a device in a system or network.
- (c) "COMPUTER network" means, but is not limited to, the interconnection of
- communication lines, including microwave or other means of electronic
- communication, with a COMPUTER through remote terminals or a complex consisting
- of two or more interconnected COMPUTERS.
- (d) "COMPUTER program" means, but is not limited to, a series of instructions
- or statements, in a form acceptable to a COMPUTER, which permits the
- functioning of a COMPUTER system in a manner designed to provide appropriate
- products from or usage of such COMPUTER system.
- (e) "COMPUTER software" means, but is not limited to, COMPUTER programs,
- procedures and associated documentation concerned with the operation of a
- COMPUTER system.
- (f) "COMPUTER system" means, but is not limited to, a set of related,
- connected or unconnected, COMPUTER equipment, devices and software.
- (g) "Data" means a representation of information, knowledge, facts, concepts,
- COMPUTER software, COMPUTER programs or instructions. "Data" may be in any
- form, in storage media, or as stored in the memory of the COMPUTER, or in
- transit, or presented on a display device. "Data" includes, but is not limited
- to, COMPUTER or human readable forms of numbers, text, stored voice, graphics
- and images.
- (h) "Property" includes, but is not limited to, financial instruments,
- information, including electronically produced data, and COMPUTER software and
- programs in either COMPUTER or human readable form, intellectual property and
- any other tangible or intangible item of value.
- (i) "Proprietary information" includes any scientific, technical or
- commercial information including any design, process, procedure, list of
- customers, list of suppliers, customers' records or business code or
- improvement thereof that is known only to limited individuals within an
- organization and is used in a business that the organization conducts. The
- information must have actual or potential commercial value and give the user of
- the information an opportunity to obtain a business advantage over competitors
- who do not know or use the information.
- (j) "Services" include, but are not limited to, COMPUTER time, data
- processing and storage functions.
- (2) Any person commits COMPUTER CRIME who knowingly accesses, attempts to
- access or uses, or attempts to use, any COMPUTER, COMPUTER system, COMPUTER
- network or any part thereof for the purpose of:
- (a) Devising or executing any scheme or artifice to defraud;
- (b) Obtaining money, property or services by means of false or fraudulent
- pretenses, representations or promises; or
- (c) Committing theft, including, but not limited to, theft of proprietary
- information.
- (3) Any person who knowingly and without authorization alters, damages or
- destroys any COMPUTER, COMPUTER system, COMPUTER network, or any COMPUTER
- software, program, documentation or data contained in such COMPUTER, COMPUTER
- system or COMPUTER network, commits COMPUTER CRIME.
- (4) Any person who knowingly and without authorization uses, accesses or
- attempts to access any COMPUTER, COMPUTER system, COMPUTER network, or any
- COMPUTER software, program, documentation or data contained in such COMPUTER,
- COMPUTER system or COMPUTER network, commits COMPUTER CRIME.
- (5) A violation of the provisions of subsection (2) or (3) of this section
- shall be a Class C felony. A violation of the provisions of subsection (4) of
- this section shall be a Class A misdemeanor.
-
- (1985 c.537 s 8; 1989 c.737 s 1)
-
- <For additional materials concerning this section, if any, see Historical
- Note>
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