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

/* BBS LEGAL GUIDE COMMENTARY: The Wisconsin Computer crimes law,
Wisconsin statutes section 943.70. */.


SECTION 943.70. Computer crimes

(1) Definitions. In this section:

(a) "Computer" means an electronic device that performs logical,
arithmetic and memory functions by manipulating electronic or
magnetic impulses, and includes all input, output, processing,
storage, computer software and communication facilities that are
connected or related to such a device in a system or network.

(b) "Computer network" means the interconnection of
communications lines with a computer through remote terminals or
a complex consisting of two or more interconnected computers.

(c) "Computer program" means an ordered set of instructions or
statements, when executed by a computer, causes the computer to
process data.

(d) "Computer software" means a set of computer programs,
procedures or associated documentation used in the operation of a
computer system.

(dm) "Computer supplies" means punch cards, paper tape, magnetic
tape, disk packs, diskettes and computer output, including paper
and microform.

(e) "Computer system" means a set of related computer equipment,
hardware or software.

(f) "Data" means a representation of information, knowledge,
facts, concepts or instructions that has been prepared or is
being prepared or is being prepared in a formalized manner an
has been process, is being processes or is intended to be
processed in a computer system or computer network. Data may be
in any form including computer printouts, magnetic storage media,
punched card and as stored in the memory of the computer. Data
are property.

(g) "Financial instrument" includes any check, draft, warrant,
money order, note, certificate of deposit, letter of credit, bill
of exchange, credit or credit card, transaction authorization
mechanism, marketable security and any computer representation
of them.

(h) "Property" anything of value, including but not limited to
financial instruments, information, electronically produced data,
computer software and computer programs.

(i) "Supporting documentation" means all documentation used in
the computer system in the construction, clarification,
implementation, use or modification of the software or data.

(j) "Services" includes, but is not limited to, computer time,
data processing and storage functions.

(2) Offenses against computer data and programs. (a) Whoever
willfully, knowingly and without authorization does any of the
following may be penalized as provided in paragraph (b):

1. Modifies data, computer programs or supporting documentation.

2. Destroys data, computer programs or supporting documentation.

3. Accesses data, computer programs or supporting documentation.

4. Takes possession of data, computer programs or supporting
documentation.

5. Copies data, computer programs or supporting documentation.

6. Discloses restricted access code or other restricted access
information to unauthorized persons.

(b) WHoever violates this subsection is guilty of:

1. A Class A misdemeanor unless subd. 2, 3 or 4 applies.

2. A Class E felony if the offense is committed to defraud or
obtain property.

3. A Class D felony if the damage is greater than $ 2,500 or if
it causes an interruption or impairment of government operations
or public communication, of transportation or of a supply of
water, gas or other public service.

4. A Class C felony if the offense creates a substantial and
unreasonable risk or great bodily harm to another.

(3) Offenses against computers, computer equipment or supplies.
(a) Whoever willfully, knowingly and without authorization does
any of the following may be penalized as provided in par. (b):

1. Modifies computer equipment or supplies that are use or
intended to be used in a computer, computer system or computer
network.

2. Destroys, uses, takes or damages a computer, computer system
or computer network or equipment or supplies used or intended to
be used in a computer, computer system or computer network.

(b) Whoever violates this subsection is guilty of:

1. A Class A misdemeanor unless subd. 2, 3 or 4 applies.

2. A Class E felony if the offense is committed to defraud or
obtain property.

3. A Class D felony if the damage is greater than $ 2,500 or if
it causes an interruption or impairment of government operations
or public communication, of transportation or of a supply of
water, gas or other public service.

4. A Class C felony if the offense creates a substantial and
unreasonable risk or great bodily harm to another.

(4) Computer use restriction. In addition to the other penalties
provided for violation of this section, a judge may place
restrictions on the offender's use of computers. The duration of
any such restrictions may not exceed the maximum period for which
the offender could have been imprisoned; except if the offense is
punishable by forfeiture, the duration of the restrictions may
not exceed 90 days.

(5) Injunctive relief. Any aggrieved party may use for injunctive
relief under ch. 813 to compel compliance with this section. In
addition, owners, lessors, users or manufacturers of computers,
or association or organizations representing any of those
persons, may sue for injunctive relief to prevent or stop the
disclosure of information which may enable another person to gain
unauthorized access to data, computer programs or supporting
documentation.