Connecticut Unauthorized access to a computer system; theft of computer services; interruption of computer services; misuse of computer system information; destruction of computer equipm
Trang 1In addition to federal computer crime statutes, many states have also developed their
own computer crime laws (see Figure 4-1) These laws differ from the federal laws with
regard to what constitutes a crime (many do not have any minimum damage amount)
and how the crime may be punished Depending on where the crime occurred, local law
enforcement may have more interest in the case than the federal authorities Be sure to
speak with your local law enforcement organization to understand their interest in and
their capabilities to investigate computer crime
Table 4-1 provides a summary of the state laws Keep in mind that state laws may
change frequently and computer crime is an area of continued research and
develop-ment If you have specific questions about a particular statute, consult your
organiza-tion’s general counsel or local law enforcement
Figure 4-1. U.S states with computer crime laws
Trang 2Alabama Offense against intellectual
property
No minimum damage level A crime is committed if unauthorized access is even attempted
level Attacker must obtain information concerning a person
or introduce false information
amount
California Unauthorized access to computers No minimum damage
level Intent must
be established
system is damaged or destroyed, there may not
be a crime under Colorado law even if the system was accessed
Connecticut Unauthorized access to a computer
system; theft of computer services;
interruption of computer services;
misuse of computer system information; destruction of computer equipment
No minimum damage amount
Delaware Unauthorized access; theft of
computer services; interruption of computer services; misuse of computer system information
No minimum damage amount
Florida Offenses against intellectual
property; offenses against computer equipment or supplies;
offenses against computer users
Broad interpretation
of intellectual property and crimes against intellectual property
Trang 3Georgia Computer theft; computer trespass;
computer invasion of privacy;
computer forgery; computer password disclosure
Theft with or without the intent to deprive the owner is still a crime No minimum damage amount except on password theft
Hawaii Computer fraud; unauthorized
computer use
Crimes are based on the amount of damage actually done
damage amount
Illinois Computer tampering;
aggravated computer tampering;
computer fraud
No minimum damage amount Presumption
of a crime if an access code was used by an unauthorized individual
Indiana Computer tampering;
computer trespass
No minimum damage amount No concept of theft of information
Iowa Unauthorized access; computer
damage; computer theft
No minimum damage amount Must have the intent to permanently deprive for theft to occur
Kentucky Unlawful access to a computer;
misuse of computer information
No minimum damage amount
Maryland Unauthorized access to computers No minimum damage
amount Theft of information is not a crime
Minnesota Computer damage; computer theft;
unauthorized computer access
Specifically targets distribution of viruses and Trojan Horse programs
Theft must cause the owner to be deprived of the use of the information
Table 4-1. Summary of State Computer Crime Laws(continued)
Trang 4Mississippi Computer fraud; offenses against
computer users; offenses against computer equipment; offenses against intellectual property
Copying information is
a crime
Missouri Tampering with computer data;
tampering with computer equipment; tampering with computer users
Disclosing information or passwords is a crime Possession of information received from a computer crime is also a crime Nevada Unlawful acts regarding
computers; unlawful interference with or denial of access
to computers; forgery by modification of information on
a computer; unlawful acts involving electronic mail
Copying information is
a crime Changes to an e-mail header is a crime
damage amount
New Mexico Computer access with intent to
defraud or embezzle; computer abuse; unauthorized computer use
Unauthorized copying
is a crime
New York Unauthorized use of a computer;
computer trespass; computer tampering; unlawful duplication of computer-related material;
criminal possession of computer-related material
Copying information
is a crime
North
Carolina
Accessing computers; damaging computers and related materials;
denial of computer services to an authorized user
No minimum damage amount
North
Dakota
are considered crimes Ohio Unauthorized use of computer
property
Attempts to gain access are considered crimes
Trang 5Oregon Computer crime Severity of the crime is
dependent upon what was done, not how much damage was caused
Pennsylvania Unlawful use of computer Theft of information is not
a crime
Rhode Island Access to computer for fraudulent
purposes; intentional access, alteration, damage, or destruction;
computer theft; computer trespass
Unauthorized copying of files is a crime Forging
of e-mail headers to send bulk e-mails is a crime
Texas Breach of computer security;
harmful access
Perpetrator must know that a security system exists to prevent unauthorized access
Virginia Computer fraud; computer trespass;
computer invasion of privacy; theft
of computer services; personal trespass by computer; computer as instrument of forgery
Unauthorized copying
of files is a crime
by the type of system being accessed
West
Virginia
Computer fraud; unauthorized access to computer services;
unauthorized possession of computer data or programs;
alteration or destruction of computer equipment; disruption of computer services; unauthorized possession of computer information; disclosure of computer security information;
obtaining confidential public information; computer invasion of privacy; computer as instrument
of forgery
Unauthorized possession
of information is a crime
Table 4-1. Summary of State Computer Crime Laws(continued)
Trang 6As you can see from the table, the concept of what constitutes a crime varies from state to state Some states require that there must be an intent to permanently deprive the owner of access to information for computer theft to occur Other states require that the owner of the information must actually be deprived of the information (so a backup
of the information might negate the violation of the law)
There is also a big difference when it comes to accessing systems Some states require that the system must actually be accessed for the crime to occur Other states make the unauthorized attempt to be the crime Texas goes so far as to require the perpetrator to know that a security system is in place to prevent unauthorized access for there to be a crime Finally, some states make the modifying or forging of e-mail headers to be a crime This type of statute is directed at bulk e-mail or spam
No matter what state your organization is in, check with local law enforcement and with your organization’s general counsel so that you understand the ramifications of the local laws This will directly impact when you may choose to notify law enforcement of a computer incident
EXAMPLES OF LAWS IN OTHER COUNTRIES
Computer crime laws in the United States vary from state to state Internationally, laws vary from country to country Many countries have no computer crime laws at all For ex-ample, when the ILOVEYOU virus was traced to an individual who lived in the Philip-pines, he could not be prosecuted because the Philippines did not have a law that made it
a crime to write and distribute a computer virus
Computer crime laws in other countries may have an effect on computer crime inves-tigations in the United States as well If an investigation shows that the attack came from a computer system in another country, the FBI will attempt to get assistance from the law enforcement organizations in that country If the other country has no computer crime laws, it is unlikely that they will assist in the investigation
The following sections provide brief discussions of computer crime laws in three other countries More specific information can be found by asking representatives of the foreign government (at an embassy or consulate) or by contacting the FBI
State Specific Computer Crimes Notes
Wisconsin Offenses against computer data
and programs; offenses against computers, computer equipment,
or supplies
Copying of information
is a crime
Table 4-1. Summary of State Computer Crime Laws(continued)