Arkansas has one of the most comprehensive set of regulations on computer use.... The computer crimes law was adopted in 1987. Arkansas Code of 1987, Section 5- 41-101*/ SECTION 5-41-101. Purpose It is found and determined that computer-related crime poses a major problem for business and government; that losses for each incident of computer-related crime are potentially astronomical; that the opportunities for computer-related crime in business and government through the introduction of fraudulent records into a computer system, the unauthorized use of computers, the alteration or destruction of computer information or files, and the stealing of financial instruments, data, and other assets are great; that computer-related crime has a direct affect on state commerce; and that, while various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a statute be enacted which deals directly with computer crime. SECTION 5-41-102. Definitions. As used in this chapter, unless the context otherwise required: (1) "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network; (2) "Computer" means an electronic device that performs, logic, 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 that device in a system or a network; (3) "Computer network" means the interconnection of communications lines with a computer through remote terminals or a complex consisting of two or more interconnection computers; /* A BBS is a "computer network under this statute and is thus protected by the statute. */ (4) "Computer program" means a set of instructions, or statements and related data that, is capable of causing a computer or computer system to perform specified functions; (5) "Computer software" means one (1) or computer programs, existing in any form, or any associated operational procedures, manuals or other documentation; (6) "Computer system" means a set of related, connected or unconnected computers other devices and software; (7) "Data" means any representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared and are intended to be processed or stored, are being processed or stored, or have been processed or stored in a computer, computer network or computer system; (8) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security or any computer system representation thereof; (9) "Property" includes, but is not limited to, financial instruments, computer programs, documents associated with computer programs; or copies thereof, whether tangible or intangible, including both human and computer readable data, and data while in transit; (10) "Services" includes, but is not limited to, the use of a computer, a computer network, computer software, a computer program, or data. SECTION 5-41-103 Computer fraud. (a) Any person commits computer fraud who intentionally accesses or causes to be accessed any computer, computer system, computer network, or any part thereof for the purpose of: (1) Devising or executing any scheme or artifice to defraud or to extort; or (2) Obtaining money, property, or services with false or fraudulent intent, representation, or promises. (3) Computer fraud is a Class D felony. SECTION 5-41-104 Computer trespass (a) Any person commits computer trespass who intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program or data. /* This protects the BBS against invasion, virusing, and arguably from use not in accordance with the rules of the system. */ (b) Computer trespass is a Class C misdemeanor if it is a first violation which does not cause any loss or damage; (c) Computer trespass is a Class B misdemeanor if: (1) It is a second or subsequent violation which does not cause any loss or damage; or (2) It is a violation which causes loss or damages of less than five hundred dollars ($500). (d) Computer trespass is a Class A misdemeanor if it is a violation which causes loss or damage of five hundred dollars ($ 500) or more, but less than twenty-five hundred dollars ($ 2,500.) (e) Computer trespass is a Class D felony if it is a violation which causes loss or damages of two thousand five hundred dollars ($ 2,500) or more. SECTION 5-41-105 Venue of violations For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in any county: (1) In which any act was performed in furtherance of any course of conduct which violated this chapter; (2) In which any violator had control of or possession of any proceeds of any course of conduct which violated this chapter. Downloaded From P-80 International Information Systems 304-744-2253