The Hacker's Encyclopedia 1998/hackers_encyclopedia.iso/zines/n_z/pirate2.006

Text File | 2003-06-11 | 14.8 KB | 358 lines

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   *    PHILE 6: ILLINOIS AND TEXAS COMPUTER STATUTES    *
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We're trying to collect as many anti-computer abuse statutes
as we can from each state. We're also looking for anti-piracy
laws and articles pass any complete texts along to us as you
can. A good place to upload text files like this is
PC-EXEC (414-964-5160) to make them widely available. Pass
them along to us as well.

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      +       ILLINOIS COMPUTER STATUTE               +
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 (GPHILE FROM RIPCO)
This file is a copy of the law which was passed last September
and covers the description and penalties for "HACKING". It is of
course, written in legal gibberish so some of you who got out of
grammer school should be able to follow it.

Full credit for this file goes to the SysOp of  ORGASM! c1984.


The following is the text of HOUSE BILL 3204, The Computer
Tresspass Act of 1984, Illinois.  HB3204 Enrolled (Illinois,
Effective 18 September, 1984)

AN ACT to protect the public from electronic tresspass and
computer fraud.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ILLINOIS, represented
in the GENERAL ASSEMBLY:

SECTION 1.      Section 16-9 of the "Criminal Code of 1961",
approved July 28, 1961, as amended, is amended to read as
follows:

(Ch. 38, par. 16-9)
Sec. 16-9.      UNLAWFUL USE OF A COMPUTER. (a) As used in this
Section
Part-8:

1.      "COMPUTER" means an internally programmed, general
purpose digital device capable of automatically accepting data,
processing data and supplying the results of the operation.

2.      "COMPUTER SYSTEM" means a set of related, connected or
unconnected devices, including a computer and other devices,
including but not limited to data input and output and storage
devices, data communications circuits, and operating system
computer programs and data, that make the system
capable of performing the special purpose data processing tasks
for which it is specified.

3.      "COMPUTER PROGRAM" means a series of coded instructions
or statements in a form acceptable to a computer to process data
in order to achieve a certain result.

4.      "TELECOMMUNICATION" means the transmission of information
in intrastate commerce by means of a wire, cable, glass,
microwave, satellite or electronic impulses, and any other
transmission of signs, signals, writing, images, sounds, or other
matter by electronic or other electromagnetic system.

5.      "ELECTRONIC BULLETIN BOARD" means any created information
stored in a data base or computer or computer system designed to
hold and display passwords or enter keys made available for the
use of gaining authorized entry to a computer of computer system
or access to telephone lines of telecommunications facilities.

6.      "IDENTIFICATION CODES/PASSWORD SYSTEMS" means
confidential information that allows private protected access to
computer and computer systems.

7.      "ACCESS" means to approach, instruct, communicate with,
store data in, retrieve or intercept data from, or otherwise make
use of any resources or a computer, computer system, or computer
network.

8.      "COMPUTER NETWORK" means a set of two or more computer
systems that transmit data over communications circuits
connection time.

9.      "DATA" means a representation of information, knowledge,
facts, concepts, or instructions which are being prepared or have
been prepared in a fomalized manner, and is intended to be stored
or processed, or is being stored or processed, in a computer,
computer system , or network, which shall be classified as
property: and which may be in any form, including but not limited
to, computer printouts, magnetic storage media, punch cards, or
stored in memory, of the computer, computer system, or network.


10.     "FINANCIAL INSTRUMENTS" means, but is not limited to, any
check, cashiers check, draft, warrant, money order, certificate
of deposit, negotiable instrument, letter of credit, bill of
exchange, credit card, debit card, or marketable security, or any
computer system representation thereof.

11.     "PROPERTY" means, but is not limited to, electronic
impulses, electronically produced data, information, financial
instruments, software or programs, in either machine or human
readable form, any other tangible item relating to a computer,
computer system, computer network, any copies thereof.

12.     "SERVICES" means, but is not limited to, computer time,
data manipulation, and storage functions.

(b)     A person knowingly commits unlawful use of a computer
when he:

1.      Knowingly gains access to or obtains the use of a
computer system, or any part thereof, without the consent of the
owner (as defined in Section 15-2); or

2.      Knowingly alters or destroys computer programs of data
without the consent of the owner (as defined in Section 15-2); or

3.      Knowingly obtains use of, alters, damages or destroys a
computer system, or any part thereof, as a part of a deception
for  the purpose of obtaining money, property, or services from
the owner of a computer system (as defined in Section 15-2); or

4.      Knowingly accesses or causes to be accessed any computer,
computer system, or computer network for the purpose of (1)
devising or executing any scheme or artifice to defraud or (2)
obtaining money, property, or services by means of fraudulent
pretenses, representations, or promises.


(c)     SENTENCE:

1.      A person convicted of a violation of subsections (b) (1)
or (2) of this Section where the value of the use, alteration, or
destruction is $1,000.00 or less shall be guilty of a petty
offense.

2.      A person convicted of a violation of subsections (b) (1)
or (2) of ths section where the value of the use, alteration, or
destruction is more than 1,000.00 shall be guilty of a Class A
misdemeanor.

3.      A person convicted of a violation of subsections (b) (3)
or (4) of this
Section where the value of the money, property, or services
obtained is $1,000.00 or less shall be guilty of a Class A
misdemeanor.

4.      A person convicted of a violation of subsections (b) (3)
of (4) of this
Section where the value of the money, property, or services
obtained is more than $1,000.00 shall be guilty of a Class 4
felony.


(d)     CIVIL REMEDIES. Any aggrieved person shall have a right
of action in
the Circut Court against any person violating any of the
provisions of this Section and may recover for each violation:

1.      Liquidated damages of $5,000.00 or actual damages,
whichever is greater:

2.      Reasonable attorney fees:

3       Such other relief, including an injunction, as the court
may deem appropriate.


Section 2. Section 79 of "AN ACT Concerning Public Utilities",
approved June 29, 1921, as amended, is amended to read as
follows:

(Ch. 111 2/3, par 83)

Sec. 79. It is hereby made the duty of the Commission to see that
the provisions of the Constitution and statutes of this State,
affecting public utilities, the enforcement of which is not
specifically vested in some other officer or tribunal, are
enforced and obeyed, and that violations thereof are promptly
prosecuted and penalties due the State therefor recovered and
collected, and to this end it may sue in the name of the people
of the State.

It shall be the duty of the Commission, at the direction and
discretion of the Chairman, to assemble and maintain an
Electronic Trespass Enforcement assistance Staff, consisting of
experts in computer systems, electronics, and other professional
disciplines to aid public utilities, businesses, individuals, and
law enforcement agencies in detecting and preventing electronic
trespass violations and enforcing the provisions of Section 16-9
of the "Criminal Code of 1961", approved July 28, 1961, as
amended or any other relevant statute.

No cause of action shall exist and no liability may be imposed,
either civil or criminal, against the State, the Chairman of the
Commission, or any of its members, or any employee of the
Commission, for any act or omission by them in performance of any
power or duty authorized by this Section, unless such act of
omission was performed in bad faith and with intent to injure a
particular person.

Section 3.      This act takes effect upon becoming a law.


 (signed) Michael J. Madigan, Speaker, House of Representatives.

 (signed) Philip J. Rock, President of the Senate


APPROVED: This 18th day of September, 1984 A.D.
 (signed) James R. Thompson, Governer

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      +            TEXAS COMPUTER LAW                 +
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     TEXAS COMPUTER LAW      .
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Relating to the creation and prosecution of offenses involving
computers; providing penalties and an affirmative defense; adding
Chapter 33 to the Penal Code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 7, Penal Code, is amended by adding Chapter 33
to be read as follows:

CHAPTER 33. COMPUTER CRIMES

Section 33.02. BREACH OF COMPUTER SECURITY.


(1) uses a computer without the effective consent of the owner of
the computer or a person authorized to license access to the
computer and the actor knows that there exists a computer
security system intended to prevent him from making that use of
the computer; or (2) gains access to data stored or maintained by
a computer without the effective consent of the owner or license
of the data and the actor knows that there exists a computer
security system intended to prevent him from gaining access to
that data.

(b) A person commits an offense if the person intentionally or
knowingly gives a password, identifying code, personal
identification number or other confidential information about a
computer security system to another person without the effective
consent of the person employing their computer security system to
restrict the use of a computer or to restrict access to data
stored or maintained by a computer.

(c) An offense under this section is a Class A misdemeanor.


Section 33.03. HARMFUL ACCESS.

(a) A person commits an offense if the person intentionally or
knowingly:

(1) causes a computer to malfunction or interrupts the operation
of a computer without the effective consent of the owner of the
computer or a person
authorized to license access to the computer; or (2) alters,
damages, or destroys data or a computer program stored,
maintained or produced by a computer without the effective
consent of the owner or licensee of the data or computer program.

(b) An offense under this section is:

(1) a Class B misdemeanor if the conduct did not cause any loss
or damage or i the value of the loss or damage caused by the
conduct is less than $200;
(2) a Class A misdemeanor if value of the loss or damage caused
by the conduct is $200 or more but less than $2,500; or (3) a
felony of the third degree if value of the loss or damage caused
by the conduct is $2,500 or more.


Section 33.04. DEFENSE. It is an affirmative defense to
prosecution under Section 33.02 and 33.03 of this code that the
actor was an officer, employee o agent of a communications common
carrier or an electric utility and committed the proscribed act
or acts in the course of employment while engaged in an activity
that is a necessary incident to the rendition of service or to
the protection of the rights or property of the communications
common carrier or electric utility.


Section 33.05. ASSISTANCE BY ATTORNEY GENERAL. The attorney
general, if requested to do so by a prosecuting attorney, may
assist the prosecuting attorney in the investigation or
prosecution of an offense under this chapter or of any other
offense involving the use of a computer.


SECTION 2. This act takes effect September 1, 1985

SECTION 3. The importance of this legislation and the crowded
condition of the calendars in both houses create an emergency and
an imperative public necessity that the constitutional rule
requiring bills to be read on three several days in each house be
suspended, and this rule is hereby suspended.

(SB 72 passed the Senate on March 11, 1985, by a voice vote. The
Senate then concurred in House amendment on May 25, 1985 by a
voice vote. The House passed the bill, with one amendment, on May
22, 1985: 138-0 with 6 abstentions.)

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Section 33.01 DEFINITIONS. In this chapter: (1) Communications
common carrier' means a person who owns or operates a telephone
system, in this state that includes equipment or facilities for
the conveyance, transmission or reception of communications and
who receives compensation from persons who use that system. (2)
Computer' means an electronic device that performs logical,
arithmetic, or memory functions by the manipulations of
electronic or magnetic impulses and includes all input, output,
processing, storage or communication facilities that are
connected or related to the device. Computer' includes a network
of two or more computers that are interconnected to function or
communicate together. (3) Computer program' means an ordered set
of data representing coded instructions or statements that when
executed by a computer cause the computer to process data or
perform certain functions. (4) Computer security system' means
the design, procedures, or other measures that the person
responsible for the operation and use of a computer employs to
restrict the use of the computer to particular persons or uses
that the owner or licensee of data stored or maintained by a
computer in which the owner or licensee is entitled to store or
maintain the data employs to restrict access to the data. (5)
Data' means a representation of information, knowledge, facts
concepts, or instructions that is being prepared or has been
prepared in a formalized manner and is intended to be stored or
processed, is being stored o processed or has been stored or
processed in a computer. Data may be embodied in any form,
including but not limited to computer printouts, magnetic storage
media, and punchcards, or may be stored internally in the memory
of the computer. (6) Electric utility' has the meaning assigned
by Subsection (c), Section 3, Public Utility Regulatory Act
(Article 1446c, Vernon's Civil Statutes).

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