/* R FRINGE COMMENTARY- The Missouri Computer Crimes Law follows, Missouri Statutes, 569.093, adopted 1982 */ SECTION 569.093 Definitions As used in this sections 569.094 to 569.099 and in section 537.525 RSMo, the following words terms mean: (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make use of any of the resources of a computer, computer system or computer network; (2) "Computer", a functional unit that can perform substantial computation, including numerous arithmetic operations, logic operations, or data processing, without intervention by human operating during a run; (3) "Computer equipment", computers, terminals, data storage devices, and all other computer hardware associated with a computer system or network; (4) "Computer network", a complex consisting of two or more interconnected computers or computer systems; (5) "Computer program" a set of instructions, statements, or related data that directs or is intended to direct a computer to perform certain functions; (6) "Computer software", a set of computer programs, procedures and associated documentation pertaining to the operation of a computer system or computer network; (7) "Computer system", a set of related, connected or unconnected, computer equipment, data or software. (8) "Damage", any alteration, deletion, or destruction of any part of a computer system or network; (9) "Data", a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer or computer network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer; (10) "Property" anything of value as defined in subdivision (10) of section 570.010, RSMo, and includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value. (11) "Services", the use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing and storage or retrieval functions. SECTION 569.094 Computer printouts used as evidence, when In a prosecution under sections 569.095 to 569.099, computer printouts shall be competent evidence of any computer software, program, or data contained in or taken from a computer, computer system, or computer network. SECTION 569.095 Tampering with computer data, penalties 1. A person commits the crime of tampering with computer data if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization: (1) Modifies or destroys data or programs residing or existing internal to a computer, computer system or computer network; or (2) Modifies or destroys data or program ors supporting documentation residing or existing external to a computer, computer system, or computer network; or (3) Discloses or takes data, programs, or supporting documentation, residing or existing internal or external to a computer, computer system, or computer network; or (4) Discloses or takes a password, identifying code, personal identification number, or other confidential information about a computer system or network that is intended to or does control access to the computer system or network; /* How do you know what information is confidential? The statute doesn't make this clear at all, so, it would seem that unless the information other than passwords is prominently marked as "confidential under Missouri Statutes 569.095, that this would be a very hard case to prove.*/ (5) Accesses a computer, a computer system, or a computer network and intentionally examines information about another person; /* This is drafted so broadly as to possibly be meaningless or invalid. It is quite possible (see Quick BBS for one) for a BBS to list the names and phone numbers of others on the system. The law seems to be intended to prevent people from reading data that is worthy of protection from outside viewing and ordinarily considered as confidential. As written this provision may be " void for vagueness." */ (6) Receives, retains, uses or discloses any data he knows or believes was obtained in violation of this subsection. 2. Tampering with computer data is a class A misdemeanor, unless the offense is committed for the purpose of devising or executing any scheme to defraud, in which case it is a class D felony. SECTION 569.097 Tampering with computer equipment, penalties 1. A person commits the crime of tampering with computer equipment if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization: (1) Modifies, destroys, damages, or takes equipment or data storage devices used or intended to be used in a computer, computer system, or computer network. (2) Modifies, destroys, damages, or takes any computer, computer system, or computer network. 2. Tampering with computer equipment is a class A misdemeanor, unless: (1) The offense is committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which is one hundred fifty dollars of more but less than one thousand dollars, in which case it is a class D felony; or (2) The damage to such computer equipment or to the computer, computer system, or computer network is one hundred fifty dollars or more but less than one thousand dollars, in which case it is a class D felony; or (3) The damage to such computer equipment or to the computer, computer, computer system, or compute network is one thousand dollars or greater, in which case it is a class C felony. SECTION 569.099 Tampering with computer users, penalties 1. A person commits the crime of tampering with computer users if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization: (1) Accesses or causes to be accessed any computer, computer system, or computer network; or (2) Denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or in part, is owned by, under contract to, or operated form or on behalf of, or in conjunction with another. 2. The offense of tampering with computer users is a class A misdemeanor unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is one hundred fifty dollars, or more, in which case tampering with computer users is a Class D felony. Downloaded From P-80 International Information Systems 304-744-2253