Copyright 2000, Marchany Computer Law Threats and Issues VA Computer Crime Act Randy Marchany VA Tech Computing Center ©Marchany,2001

Copyright 2000, Marchany 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

Copyright 2000, Marchany 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

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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/ provider to transmit unsolicited bulk in a manner contrary to the policies of the owner.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany Computer Trespass  Alter, erase any computer data, software;  Effect the creation or alteration of a financial instrument or an electronic transfer of funds;

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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 transmission or routing information.  Falsify or forge transmission or other routing information in connection with unsolicited bulk mail.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany Theft of Computer Services  Any person who willfully uses a computer/network with the intent to obtain computer services without authority  Class 1 misdemeanor

Copyright 2000, Marchany Property Capable of Embezzlement  Computer or computer networks  Financial instruments, computer data, programs  Computer services

Copyright 2000, Marchany 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

Copyright 2000, Marchany 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

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.

Copyright 2000, Marchany 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.