ACK! -- CONTINUED

[Dustin Decker]

On Mon, 21 Apr 2003, Jonathan Hutchins wrote:

> To prosecute someone for trespass, you need to show that you either posted the 
> property clearly with "no trespass" signs of some sort, and/or that you told 
> the person to leave the property, and they persisted in some activity on your 
> property.  Even then your only recourse would be that the police would remove 
> them.  If they were uncooperative, the police might charge them with trespass. 

This depends on where you live.  If, for instance, you live in Arkansas 
you will find that a "no trespassing" sign is of no value.  I'm sure I'm 
going to destroy the spelling of "chartruce", but it's a light purple 
color a shade or two lighter than lavendar.  If you want the world in that 
state to know you don't want folk on your property, you have to paint 
markers every six feet around your property with this color.  Fence posts, 
trees and such are acceptable.

Apparantly, at one time, the literacy rate in that state was terribly low 
- and this is a law that stuck.

I've know idea what the statute in Missouri or Georgia says about this 
vis-a-vis computers.  I'm pasting the relevant statute for the state of 
Kansas here, whish is 21-3755 which is relatively clear on this sort of 
thing.  What _isn't_ clear, in nearly all states, is where the 
jurisdiction of such acts would fall.  If someone in California hacks your 
site, does damage, and you can prove it... then it's most likely an 
interstate crime thing - federal territory.  (IANAL - take my words with a 
grain of salt.)

Note sections (b)(1)(A) and (b)(1)(B) in this state.

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Part 2.--Prohibited Conduct
Article 37.--CRIMES AGAINST PROPERTY

21-3755. Computer crime; computer password disclosure; computer trespass. 
(a) As used in this section: 

(1) "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. 

(2) "Computer" means an electronic device which performs work using 
programmed instruction and which has one or more of the capabilities of 
storage, logic, arithmetic or communication 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. 

(3) "Computer network" means 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. 

(4) "Computer program" means 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 such 
computer system. 

(5) "Computer software" means computer programs, procedures and associated 
documentation concerned with the operation of a computer system. 

(6) "Computer system" means a set of related computer equipment or devices 
and computer software which may be connected or unconnected. 

(7) "Financial instrument" means any check, draft, money order, 
certificate of deposit, letter of credit, bill of exchange, credit card, 
debit card or marketable security. 

(8) "Property" includes, but is not limited to, financial instruments, 
information, electronically produced or stored data, supporting 
documentation and computer software in either machine or human readable 
form. 

(9) "Services" includes, but is not limited to, computer time, data 
processing and storage functions and other uses of a computer, computer 
system or computer network to perform useful work. 

(10) "Supporting documentation" includes, but is not limited to, all 
documentation used in the construction, classification, implementation, 
use or modification of computer software, computer programs or data. 

(b) (1) Computer crime is: 

(A) Intentionally and without authorization accessing and damaging, 
modifying, altering, destroying, copying, disclosing or taking possession 
of a computer, computer system, computer network or any other property; 

(B) using a computer, computer system, computer network or any other 
property for the purpose of devising or executing a scheme or artifice 
with the intent to defraud or for the purpose of obtaining money, 
property, services or any other thing of value by means of false or 
fraudulent pretense or representation; or 

(C) intentionally exceeding the limits of authorization and damaging, 
modifying, altering, destroying, copying, disclosing or taking possession 
of a computer, computer system, computer network or any other property. 

(2) Computer crime is a severity level 8, nonperson felony. 

(3) In any prosecution for computer crime, it is a defense that the 
property or services were appropriated openly and avowedly under a claim 
of title made in good faith. 

(c) (1) Computer password disclosure is the unauthorized and intentional 
disclosure of a number, code, password or other means of access to a 
computer or computer network. 

(2) Computer password disclosure is a class A nonperson misdemeanor. 

(d) Computer trespass is intentionally, and without authorization 
accessing or attempting to access any computer, computer system, computer 
network or computer software, program, documentation, data or property 
contained in any computer, computer system or computer network. Computer 
trespass is a class A nonperson misdemeanor. 

(e) This section shall be part of and supplemental to the Kansas criminal 
code. 

History: L. 1985, ch. 108, § 1; L. 1992, ch. 298, § 51; L. 1993, ch. 291, 
§ 93; L. 1994, ch. 291, § 34; L. 1997, ch. 66, § 2; July 1. 
 
I generally make references to this statute in my "AUP Banner" within the 
state of Kansas.  It states clearly that unauthorized use may indeed be 
prosecuted iaw this statute.  YMMV.
D.
 
-- 
o-----------------------------------o
| Dustin Decker - CNA, MCP          |
| dustin at dustindecker.com       o-----------------------------------------o
| Network Engineer              | "Those parts of the system that you     |
| Preferred Physicians Group    |  can hit with a hammer (not advised)    |
o-------------------------------|  are called hardware; those program     |
                                |  instructions that you can only         |
                                |  curse at are called software."         |
				|  -- Levitating Trains and Kamikaze Genes|
				|  Technological Literacy for the 1990's  |
                                o-----------------------------------------o