copyright 2000, marchany computer law threats and issues va computer crime act randy marchany va...

Copyright 2000, Marchany

Computer LawThreats and Issues

VA Computer Crime Act

Randy Marchany

VA Tech Computing Center©Marchany,2001


VA Computer Crimes Act

Enacted in 1994 Fairly comprehensive Key conditions - “permission”

– If you have permission to use or access a resource then it’s ok


Definitions

Computer– Includes any connected or directly related

device, equipment or facility which enables the computer to store, retrieve or communicate computer programs, data or the results of computer operations to/from a person, another computer or another device


Definitions

Computer Data– Any representation of information,

knowledge, fact, concepts or instructions which is being prepared, has been prepared and is intended to be processed, is being processed or has been processed in a computer or computer network.


Definitions

Computer Network– A set of related, remotely connected

devices and any communications facilities including more than 1 computer with the capability to transmit data among them through the communications facilities.


Definitions Computer Operation

– Arithmetic, logical, monitoring, storage or retrieval functions (any combination thereof), includes but not limited to, communication with storage or retrieval of data from any device.


Definitions

Computer Program– Ordered set of data representing coded

instructions/statements that when executed by a computer causes it to perform 1 or more operations.


Definitions

Electronic Mail Service Provider– Means any person who 1) is an intermediary

in sending/receiving electronic mail and 2) provides to end-users of electronic mail services the ability to send/receive electronic mail.

Financial Instrument– Check, draft, warrant, money order, note,

letter of credit, etc.


Definitions

Owner– Owner, lessee of a computer, network, data,

programs or software Person

– Any individual, partnership, association, corp. Property

– Computer, networks, programs, data in a format readable by computer


Definitions

Using a computer. A person attempts:– To cause or causes a computer/network to

perform or stop performing operations.– To cause or causes the withholding or

denial of the use of a computer/network/program/data to another user.

– To cause or causes another person to put false information in a computer.


Definitions

A person is “without authority”– He has no right or permission of the

owner to use a computer or he uses a computer in a manner exceeding such right/permission.

– He uses a computer/network/email provider to transmit unsolicited bulk email in a manner contrary to the policies of the owner.


Computer Fraud

Any person who uses a computer/network w/o authority and with the intent to:– Obtain property or services by false

pretenses, embezzle or commit larceny or– Convert the property of another

Value >=$200, Class 5 felony Value <= $200, Class 1 misdemeanor.


Computer Trespass

Any person who uses a computer, network w/o authority and with the intent

To temporarily or permanently remove, halt or disable any computer data, programs, software from a computer/network.

To cause a computer to malfunction regardless of how long.


Computer Trespass

Alter, erase any computer data, software;

Effect the creation or alteration of a financial instrument or an electronic transfer of funds;


Computer Trespass

Cause physical injury to the property of another;

Make or cause to be made an unauthorized copy in any form of data/software.


Computer Trespass

The “hacker site” clause– Unlawful for any person knowingly to sell,

give, distribute, possess with the intent to sell, give or distribute software designed to facilitate, or enable the falsification of email transmission or routing information.

Falsify or forge email transmission or other routing information in connection with unsolicited bulk mail.


Computer Trespass

Class 3 misdemeanor If property damage > $2500, then Class

1 misdemeanor if the person has reckless disregard for the consequences of his actions.

If property damage > $2500 then Class 6 felony is the person maliciously causes damage.


Theft of Computer Services

Any person who willfully uses a computer/network with the intent to obtain computer services without authority

Class 1 misdemeanor


Property Capable of Embezzlement

Computer or computer networks Financial instruments, computer data,

programs Computer services


Property Capable of Embezzlement

Regardless of whether they’re tangible or intangible, in a format readable by humans or computer, in transit between computers or within a network or between any devices that comprise a computer.

Located on any paper or in any device on which it is stored by a computer or by a human


Prosecution Venues

Any county, city where the act occurred In which the owner has his principal place of

business in the Commonwealth In which any offender had control or

possession of any proceeds of the violation From which to which or through which any

access to computer/network was made via wires, microwaves, electromagnetic waves


Prosecution Venues

In which the offender lives In which any computer which is an

object or an instrument of the violation is located at the time of the offense.


Limitation of Prosecution

5 years after the commission of the last violation

1 year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner or by anyone else who is damaged by such violation.


Discussion

Key clause is the “without authority” Computer Trespass is probably the

most common offense. This clause covers most hacker activity Is the evidence there to prosecute?

Criminal justice is much harder to prove than Civil justice.

copyright 2000, marchany computer law threats and issues va computer crime act randy marchany va...

Documents

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retrieval of data

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