/* 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. Downloaded From P-80 International Information Systems 304-744-2253