Category : BBS Programs+Doors
Archive   : BBSLAW03.ZIP
Filename : KS-LAW.STA

/* R FRINGE COMMENTARY- The Kansas Computer Crimes Law
follows, Kansas, Section 21-3755, adopted 1985*/

SECTION 21-3755 Computer crime, unlawful computer access

(1) As used in this section, the following words and phrases
shall have the meanings respectively ascribed thereto:

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

(b) "Computer" means an electronic device which performs work
using programmed instructions and which has one or more of the
capabilities of storage, logic, arithmetic or communication and
includes all input, output, processing, storage, software or
communication facilities which are connected or related to such a
device in a system or network.

(c) "Computer network" means the interconnection of
communications lines, including microwave or other means of
electronic communication, with a computer through remote
terminals, or a complex consisting of two or more interconnected
computers.

(d) "Computer program" means a series of instructions or
statements in a form acceptable to a computer which permits the
functioning of a computer system in a manner designed to provide
appropriate products from such computer system.

(e) "Computer software" means computer programs, procedures
and associated documentation concerned with the operation of a
computer system.

(f) "Computer system" means a set of related computer
equipment or devices, which may be connected or unconnected.

(g) "Financial instrument means any check, draft, money
order, certificate of deposit, letter of credit, bill of
exchange, credit card, debit card or marketable security.

(h) "Property" includes, but is not limited to, financial
instruments, information, electronically produced or stored data,
supporting documentation and computer software in either machine
or human readable form, and any other tangible or intangible item
of value.

(i) "Services" includes, but is not limited to, computer
time, data processing and storage functions and other uses of a
computer computer system or computer network to perform useful
work.

(j) "Supporting documentation" includes, but is not limited
to, all documentation used in the construction, classification,
implementation, use or modification of computer software,
computer programs or data.

(2) Computer crime is:

(a) Willfully and without authorization gaining or attempting
to gain access to and damaging, modifying, altering, destroying,
copying, disclosing or taking possession of a computer, computer
system, computer network or any other property;

(b) using a computer, computer system, computer network or
any other property for the purpose of devising or executing a
scheme or artifice to defraud or for the purpose of obtaining
money, property, services, or any other thing of value by means
of false or fraudulent pretenses;

/* It's hard to believe that the nice legislators meant to
include "or any other property" in the computer crimes law. That
means that it is a computer crime to use a check, bank draft etc.
to commit a crime. They probably meant "computer software" etc.*/

(c) willfully exceeding the limits of authorization and
damaging, modifying, altering, destroying, copying, disclosing or
taking possession of a computer, computer system, computer
network or any other property.

Computer crime which causes a loss of the value of less than
$ 150 is a class A misdemeanor.

Computer crime which causes a loss of the value of $ 150 or
more is a class E felony.

(3) In any prosecution for computer crime, it is a defense
that the property or services were appropriated openly and
avowedly under a claim of title made in good faith.

/* If you have a good "claim of title", which is another way of
saying, the right to do it, then you have a defense, so long as
the offender did it in good faith.*/

(4) Unlawful computer access is willingly, fraudulently, and
without authorization gaining or attempting to gain access to any
computer, computer system, computer network or to any computer
software, program, documentation, data or property contained in
any computer, computer system or computer network.

/* This computer crime covers the situation in which a user logs
on with a false name to a BBS if you make it clear that they must
use their real name. */

Unlawful computer access is a class A misdemeanor.

(5) This section shall be part of and supplemental to the
Kansas criminal code.