💾 Archived View for spam.works › mirrors › textfiles › law › mo_lawsta.law captured on 2023-06-16 at 19:00:22.

View Raw

More Information

-=-=-=-=-=-=-

/* R FRINGE COMMENTARY- The Missouri Computer Crimes Law 
follows, Missouri Statutes, 569.093, adopted 1982 */

SECTION 569.093 Definitions

    As used in this sections 569.094 to 569.099 and in section 
537.525 RSMo, the following words terms mean:

    (1) "Access", to instruct, communicate with, store data in, 
retrieve or extract data from, or otherwise make use of any of 
the resources of a computer, computer system or computer network;

    (2) "Computer", a functional unit that can perform 
substantial computation, including numerous arithmetic 
operations, logic operations, or data processing, without 
intervention by human operating during a run;

    (3) "Computer equipment", computers, terminals, data storage 
devices, and all other computer hardware associated with a 
computer system or network; 
    (4) "Computer network", a complex consisting of two or more 
interconnected computers or computer systems;

    (5) "Computer program" a set of instructions, statements, 
or related data that directs or is intended to direct a computer 
to perform certain functions;

    (6) "Computer software",  a set of computer programs, 
procedures and associated documentation pertaining to the 
operation of a computer system or computer network;

    (7) "Computer system", a set of related, connected or 
unconnected, computer equipment, data or software.

    (8) "Damage", any alteration, deletion, or destruction of any 
part of a computer system or network; 

    (9) "Data", a representation of information, facts, 
knowledge, concepts, or instructions prepared in a formalized or 
other manner and intended for use in a computer or computer 
network. Data may be in any form including, but not limited to, 
printouts, microfiche, magnetic storage media, punched cards and 
as may be stored in the memory of a computer;

    (10) "Property"  anything of value as defined in subdivision 
(10) of section 570.010, RSMo, and includes, but is not limited 
to, financial instruments, information, including electronically 
produced data, and computer software and programs in either 
machine or human readable form, and any other tangible or 
intangible item of value.

    (11) "Services", the use of a computer, computer system, or 
computer network and includes, but is not limited to, computer 
time, data processing and storage or retrieval functions.

SECTION 569.094 Computer printouts used as evidence, when

    In a prosecution under sections 569.095 to 569.099, computer 
printouts shall be competent evidence of any computer software, 
program, or data contained in or taken from a computer, computer 
  system, or computer network.

SECTION 569.095 Tampering with computer data, penalties

    1. A person commits the crime of tampering with computer data 
if he knowingly and without authorization or without reasonable 
grounds to believe that he has such authorization:

    (1) Modifies or destroys data or programs residing or 
existing internal to a computer, computer system or computer 
network; or

    (2) Modifies or destroys data or program ors supporting 
documentation residing or existing external to a computer, 
computer system, or computer network; or

    (3) Discloses or takes data, programs, or supporting 
documentation, residing or existing internal or external to a 
computer, computer system, or computer network; or

    (4) Discloses or takes a password, identifying code, personal 
identification number, or other confidential information about a 
computer system or network that is intended to or does control 
access to the computer system or network;

/* How do you know what information is confidential? The statute 
doesn't make this clear at all, so, it would seem that unless the 
information other than passwords is prominently marked as 
"confidential under Missouri Statutes 569.095, that this would be 
a very hard case to prove.*/

    (5) Accesses a computer, a computer system, or a computer 
network and intentionally examines information about another 
person;

/* This is drafted so broadly as to possibly be meaningless or 
invalid. It is quite possible (see Quick BBS for one) for  a BBS 
to list the names and phone numbers of others  on the system. The 
law seems to be intended to prevent people from reading data that 
is worthy of protection from outside viewing and ordinarily 
considered as confidential. As written this provision may be "
void for vagueness." */

    (6) Receives, retains, uses or discloses any data he knows or 
believes was obtained in violation of this subsection.

    2. Tampering with computer data is a class A misdemeanor, 
unless the offense is committed for the purpose of devising or 
executing any scheme to defraud, in which case it is a class D 
felony.

SECTION 569.097 Tampering with computer equipment, penalties

    1. A person commits the crime of tampering with computer 
equipment if he knowingly and without authorization or without 
reasonable grounds to believe that he has such authorization:

    (1) Modifies, destroys, damages, or takes equipment or data 
storage devices used or intended to be used in a computer, 
computer system, or computer network.

    (2) Modifies, destroys, damages, or takes any computer, 
computer system, or computer network.

    2. Tampering with computer equipment is a class A 
misdemeanor, unless:

    (1) The offense is committed for the purpose of executing any 
scheme or artifice to defraud or obtain any property, the value 
of which is one hundred fifty dollars of more but less than one 
thousand dollars, in which case it is a class D felony; or

    (2) The damage to such computer equipment or to the computer, 
computer system, or computer network is one hundred fifty dollars 
or more but less than one thousand dollars, in which case it is a 
class D felony; or

    (3) The damage to such computer equipment or to the computer, 
computer, computer system, or compute network is one thousand 
dollars or greater, in which case it is a class C felony.

SECTION 569.099 Tampering with computer users, penalties

    1. A person commits the crime of tampering with computer 
users if he knowingly and without authorization or without 
reasonable grounds to believe that he has such authorization:

    (1) Accesses or causes to be accessed any computer, computer 
system, or computer network; or

    (2) Denies or causes the denial of computer system services 
to an authorized user of such computer system services, which, in 
whole or in part, is owned by, under contract to, or operated 
form or on behalf of, or in conjunction with another.

    2. The offense of tampering with computer users is a class A 
misdemeanor unless the offense is committed for the purpose of 
devising or executing any scheme or artifice to defraud or to 
obtain any property, the value of which is one hundred fifty 
dollars, or more, in which case tampering with computer users is 
a Class D felony.


Downloaded From P-80 International Information Systems 304-744-2253