User:AmusedRepose/ComputerTresspass

Computer trespass is a computer crime in Kansas, North Carolina, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Virginia, and Washington^[1], which can be generally defined as unauthorized access to any computer for nefarious purposes.

Basic Definition

Computer trespass is defined as using a computer with the knowledge and understanding that it's being done without permission and that the intention is to changing, removing, altering , or otherwise interfering or causing disruption or malfunction to the computer. Various states frame this concept in differing ways.

Computer trespass is slightly different than traditional trespassing. It is not simply enough to gain access to a computer without permission. Some act must be done that causes disruption,malfunction or the loss or change of data. Computer trespass is also different from computer invasion of privacy, which involves gaining access to personal data for unlawful or unauthorized uses.^[2]

Examples

Examples of computer trespass can include:

Guessing or otherwise gaining another person's password, and then using it to access their email and publish any of the contents.
Using an active logged on computer with information displayed to change, take, or delete any of that data.
Installing any form of spyware, malware, keylogger or other detection software. This does not apply in most corporate settings, since the company owns the computer, not the worker. The worker can be guilty of computer trespass if he or she installs software to bypass these protections, however.

Exclusions to trespass

A shared computer with implicit statement of permission cannot be trespassed by those with authorized access. If, for example, two roommates used the same email account, and one of them published an embarrassing email by the other publicly, since both users were authorized to utilize that email account, no trespass occurred.

By State

Every state has it's own definitions of computer trespass, those that do have a law regarding it on their books.

Virginia

In Virginia, computer trespass consists of, with malicious intent, copying, altering, or erasing data from a computer, causing a computer to malfunction, causing an electronic funds transfer, etc^[3]. The element of "malicious" intent was added by the Virginia General Assembly in 2005 by House Bill 2215^[4]. Civil liability can be imposed regardless of intent under the terms of § 18.2-152.12^[5]. The law bans unauthorized installation and use of software keyloggers but not specifically hardware keyloggers. There are felony provisions if damage is caused of $1,000 or more, or if software is installed in violation of this law on more than five computers of another.

Kansas

In Kansas, computer trespass consists of

intentionally, and without authorization accessing or attempting to access any computer, computer system, computer network or computer software, program, documentation, data or property contained in any computer, computer system or computer network. Computer trespass is a class A nonperson misdemeanor.

^[6]

North Carolina

In North Carolina, computer trespass is defined as

(1) Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network. (2) Cause a computer to malfunction, regardless of how long the malfunction persists. (3) Alter or erase any computer data, computer programs, or computer software. (4) Cause physical injury to the property of another. (5) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network. (6) Falsely identify with the intent to deceive or defraud the recipient or forge commercial electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk commercial electronic mail through or into the computer network of an electronic mail service provider or its subscribers.

^[7]

Oklahoma

^[8]

Pennsylvania

^[9]

Washington

In Washington:

(1) A person is guilty of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another; and (a) The access is made with the intent to commit another crime; or (b) The violation involves a computer or database maintained by a government agency.

(2) Computer trespass in the first degree is a class C felony^[10].

References

^ Statutes by State - Computer Trespass.
^ Crumbley, Larry (2005). Forensic and Investigative Accounting. CCH Tax and Accounting. ISBN 0808013653. OCLC 9780808013655. {{cite book}}: Check |oclc= value (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
^ § 18.2-152.4, Code of Virginia.
^ House Bill 2215, Virginia General Assembly.
^ § 18.2-152.12, Code of Virginia.
^ Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 857. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)
^ Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 1081. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)
^ Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 1448. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)
^ Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 1442. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)
^ RCW 9A.52.110, RCW 9A.52.110 Computer Trespass in the First Degree

MYREFS

[1]
Computer And Intellectual Property Crime: Federal And State Law, 2006 Cumulative Supplement.

By Scott A. Hugh Published by BNA Books, 2006 ISBN 1570186111, 9781570186110 1072 pages -- better introduction than the 2001

[2]
Computer Security Handbook

By Richard H. Baker Published by TAB Professional and Reference Books, 1991 ISBN 0830675922, 9780830675920 310 pages

[3]

{{crime-stub}} [[Category:Computer crimes]]

[1] Statutes by State - Computer Trespass.

[2] Crumbley, Larry (2005). Forensic and Investigative Accounting. CCH Tax and Accounting. ISBN 0808013653. OCLC 9780808013655. {{cite book}}: Check |oclc= value (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)

[3] § 18.2-152.4, Code of Virginia.

[4] House Bill 2215, Virginia General Assembly.

[5] § 18.2-152.12, Code of Virginia.

[6] Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 857. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)

[7] Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 1081. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)

[8] Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 1448. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)

[9] Scott, A. Hugh (2001). Computer and Intellectual Property Crime: Federal and State Law. BNA Books. p. 1442. ISBN 1570182620. OCLC 9781570182624. {{cite book}}: Check |oclc= value (help)

[10] RCW 9A.52.110, RCW 9A.52.110 Computer Trespass in the First Degree

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]