Computer Law Threats and Issues VA Computer Crime

VA Computer Crimes Act u Enacted in 1994 u Fairly comprehensive u Key conditions

Definitions u Computer – Includes any connected or directly related device, equipment or facility

Definitions u Computer – Data Any representation of information, knowledge, fact, concepts or instructions

Definitions u Computer – Network A set of related, remotely connected devices and any

Definitions u Computer – Operation Arithmetic, logical, monitoring, storage or retrieval functions (any combination

Definitions u Computer – Program Ordered set of data representing coded instructions/statements that when

Definitions u Electronic – Means any person who 1) is an intermediary in sending/receiving

Definitions u Owner – Owner, lessee of a computer, network, data, programs or software

Definitions u Using – – – a computer. A person attempts: To cause or

Definitions u. A – – person is “without authority” He has no right or

Computer Fraud u Any person who uses a computer/network w/o authority and with the

Computer Trespass u Any person who uses a computer, network w/o authority and with

Computer Trespass u Alter, erase any computer data, software; u Effect the creation or

Computer Trespass u Cause physical injury to the property of another; u Make or

Computer Trespass u The – “hacker site” clause Unlawful for any person knowingly to

Computer Trespass u Class 3 misdemeanor u If property damage > $2500, then Class

Theft of Computer Services u Any person who willfully uses a computer/network with the

Property Capable of Embezzlement u Computer or computer networks u Financial instruments, computer data,

Property Capable of Embezzlement u Regardless of whether they’re tangible or intangible, in a

Prosecution Venues u u Any county, city where the act occurred In which the

Prosecution Venues u In which the offender lives u In which any computer which

Limitation of Prosecution u 5 years after the commission of the last violation u

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

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Definitions u 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 Copyright 2000, Marchany

Definitions u 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. Copyright 2000, Marchany

Definitions u 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. Copyright 2000, Marchany

Definitions u 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. Copyright 2000, Marchany

Definitions u Electronic – 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. u Financial – Mail Service Provider Instrument Check, draft, warrant, money order, note, letter of credit, etc. Copyright 2000, Marchany

Definitions u Owner – Owner, lessee of a computer, network, data, programs or software u Person – Any individual, partnership, association, corp. u Property – Computer, networks, programs, data in a Copyright 2000, Marchany format readable by computer

Definitions u 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. Copyright 2000, Marchany

Definitions u. 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. Copyright 2000, Marchany

Computer Fraud u 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 u Value >=$200, Class 5 felony u Value <= $200, Class 1 misdemeanor. Copyright 2000, Marchany

Computer Trespass u Any person who uses a computer, network w/o authority and with the intent u To temporarily or permanently remove, halt or disable any computer data, programs, software from a computer/network. u To cause a computer to malfunction regardless of how long. Copyright 2000, Marchany

Computer Trespass u 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. u Falsify or forge email transmission or other routing information in connection with unsolicited bulk mail. Copyright 2000, Marchany

Computer Trespass u Class 3 misdemeanor u If property damage > $2500, then Class 1 misdemeanor if the person has reckless disregard for the consequences of his actions. u If property damage > $2500 then Class 6 felony is the person maliciously causes damage. Copyright 2000, Marchany

Property Capable of Embezzlement u 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. u Located on any paper or in any device on which it is stored by a computer or by Copyright 2000, Marchany a human

Prosecution Venues u u 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 Copyright 2000, Marchany

Limitation of Prosecution u 5 years after the commission of the last violation u 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. Copyright 2000, Marchany

Discussion u Key clause is the “without authority” u Computer Trespass is probably the most common offense. u This clause covers most hacker activity u Is the evidence there to prosecute? Criminal justice is much harder to prove than Civil justice. Copyright 2000, Marchany