Legal Issues Text Files

    This summary is based upon an article published by the Western New
England Law Review this past summer.  The article, "Legal Analysis of
Electronic Bulletin Board Activities," by Prof. John T. Soma, Paula J.
Smith and Robert D. Sprague, provides an overview and legal analysis of
BBS-related Hacker and Phreaker activities and summaries of state
computer crime, and other potentially applicable, laws.

    Copyright 1985 by the Western New England Law Review Association, Inc.
    Copyright 1986 by Robert D. Sprague.



Alabama

    As of July 1985, Alabama incorporated computer crime in its
theft of service provisions where computer services are included
in the definition of services. (Ala. Code Sec. 13A-8-10(b).) It
appears that Alabama has since enacted a computer crime statute
(Id. Sec. 13A-8-100). This new statute has yet to be analyzed and
summarized. Alabama also has a "prohibited instruments"
provision. (Id. Sec. 37-8-217.)


Alaska

    Since July 1985, Alaska has adopted a computer crime statute.
I have not, however, reviewed it in enough detail to provide an
analysis or summary. It can be found at Alaska Stat. Sec.
11.46.740 (1985) and applicable definitions can be found at Id.
Sec. 11.46.990.


Arizona

    Arizona has a "Computer Fraud" statute (Ariz. Rev. Stat. Ann.
Sec. 13-2316). Under this statute, a person commits computer
fraud (1) in the first degree by accessing, altering, damaging or
destroying without authorization any computer system with the
intent (a) to devise or execute any scheme or artifice to defraud
or deceive, or (b) to control property or services by means of
false or fraudulent pretenses, representations or promises; and
(2) in the second degree by intentionally and without
authorization accessing, altering, damaging or destroying any
computer system or any computer software, program or data
contained in such computer system.

    Arizona's telecommunications fraud statute prohibits the
theft of telecommunications services through: (1) the
unauthorized use of telephone credit codes, trick or device; (2)
the publication (disclosure) of telephone credit codes; and (3)
the use, possession, sale, or transfer of a telecommunications
theft device or the plans and specifications for making the same.
(Id. Sec. 13-3707.)


Arkansas

    As of July 1985, Arkansas had no specific computer-related
statute. Arkansas also did not have a specific telecommunications
theft statute. The state's theft of services statute does,
however, include telecommunications services (Ark. Stat. Ann.
Sec.  41-2201(8).)


California

    California's computer crime statute prohibits access of any
computer with the intent to defraud, as well as maliciously
accessing, altering, deleting, damaging, or destorying any
computer system, computer program, or data. It also prohibits
intentional unauthorized access alone of any computer system,
computer program, or data and provides a civil remedy for the
owner or lessee of the computer system, computer program, or
data. (Cal. Penal Code Sec. 502.)

    California also prohibits obtaining telephone services with
intent to defraud, by unauthorized use of a telephone credit
code, trick, or device. It also prohibits the manufacture,
possession, sale, or transfer of a telecommunications theft
device and the publication of telephone credit codes. (Id. Sec.
502.7.)


Colorado

    The Colorado computer crime statute prohibits the use of a
computer for the purposes of theft of money, property, or
services, or to defraud. It also prohibits the unauthorized use,
alteration, damage, or destruction of any computer system.
(C.R.S. Sec. 18-5.5-102.) Although Colorado does not have a
specific telecommunications theft statue, it does have a statute
pertaining to illegal telecommunications equipment. (Id. Sec.
18-9-309.)

    Colorado recently passed a statute relating to "financial
transaction devices". Under this statute, a financial transaction
device is defined as a device that can be used to obtain
services. It is arguable that telephone services would be
included under this definition. (Id. Sec. 18-5-701.)


Connecticut

    The Connecticut computer crime law (1) prohibits the (a)
unauthorized access to a computer system; (b) theft of computer
services; (c) interruption of computer services; (d) misuse of
computer system information; and (e) destruction of computer
equipment, and (2) provides for (a) the right of an aggrieved
person to request appointment of a receiver who may seize the
computer equipment of one who has violated this statute; and (b)
the right of an aggrieved person to bring a civil action against
one who is alleged to have violated this statute. (Conn. Gen.
Stat. Sec. 53a-250.)

    Connecticut does not have a specific telecommunications theft
statute. Its theft of services statute does, however, include a
provision related to obtaining telecommunications services with
intent to avoid payment by trick, code, or device. (Id.  Sec.
53a-119(7).)


Delaware

    The computer-related statutes in Delaware apply to computer
fraud and computer misuse which prohibit the knowing and
unauthorized access of any computer system; obtaining
unauthorized computer services; disruption or degrading of
computer services or the denial of computer services to an
authorized user; the misuse of computer system information by (1)
displaying, using, disclosing or copying data residing in,
communicated, or produced by a computer system, or (2) altering,
deleting, tampering with, damaging, destroying, or taking data
intended for use by a computer system or interrupting or adding
data to a computer system; and the tampering with, taking,
transferring, concealing, altering, damaging, or destroying any
computer equipment. The statute also provides that an aggrieved
person who has reason to believe that any other person has been
engaged, is engaged, or is about to engage in an alleged
violation of any provision of the computer-related statutes may
bring an action to: (1) temporarily or permanently restrain and
enjoin the commencement or continuance of such acts; (2) order
restitution; or (3) order the appointment of a receiver who may
take into possession any property which belongs to the person who
is alleged to have violated any of the above provisions. (Del.
Code Ann. Title 11, Sections 931-39.)

    Delaware does not have a specific telecommunications theft
statute, but it does, however, have a statute prohibiting the
possession of, or dealing in, a device for unlawfully taking
telecommunications services (Id. Sec. 850). In addition, Delaware
has a statute which prohibits the publication of credit cards or
codes (Id.  Sec. 903).  Although this statue does not
specifically relate to telephone credit codes, Delaware's
definition of a credit card includes evidence of an undertaking
to pay for services (Id. Sec. 904).


District of Columbia

    There were no specific computer-related or telecommunications
theft statutes in the District of Columbia as of July 1985. The
theft statute, however, includes the theft of telecommunications
services (D.C. Code Ann. Sec. 22-3811).


Florida

    The Florida "Computer-Related Crimes" statute prohibits the:
(1) modification or destruction of data, programs or supporting
documentation (with or without the intent to defraud); (2)
modification, destruction, or taking of computer equipment (with
or without the intent to defraud); (3) unauthorized access of a
computer system; and (4) denial of computer system services to an
authorized user. (Fla. Stat. Ann. Sections 815.01-.07)

    Florida has a statue specifically prohibiting the theft
of telecommunications services, as well as the manufacture, sale,
or transfer of a telecommunications theft device, or the plans
and instructions to make the same (Id. Sections 817.481-.483).
In addition, this statute prohibits the publication of telephone
credit codes.


Georgia

    The "Georgia Computer Systems Protection Act" prohibits (1)
the knowing and willful, direct or indirect, unauthorized access,
or attempted access, of any computer system for the purpose of
(a) devising or executing any scheme or artifice to defraud; or
(b) obtaining money, property, or services by means of false or
fraudulent pretenses, representations or promises, and (2) the
intentional and unauthorized, direct or indirect, access,
alteration, damage, destruction, or attempted damage or
destruction, of any computer system or any computer software,
program or data. (Ga. Code Ann. Sections 16-9-90 to 95.)

    Georgia has a statute that prohibits: (1) avoiding charges
for the use of telephone services; (2) the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same; and (3)
the publication of the plans or instructions for such a device.
(Id. Sections 47-5-2 & 3.) Georgia also has a statute prhobiting
the publication of telephone credit codes (Id. Sec. 16-9-39).


Hawaii

    Hawaii has apparantly enacted a computer crime statute since
July 1985. It can be found at Hawaii Rev. Stat. Sec. 708-890. It
has not yet been analyzed or summarized. Hawaii does not have a
specific telecommunications theft statue, though
telecommunications services are included as a service under the
state's theft of services statute (Id. Sec. 708-800). Hawaii also
has a statute which prohibits the manufacture, possession, use,
sale, or transfer of a telecommunications theft device (Id. Sec.
275-9).


Idaho

    The Idaho Computer Crime statute prohibits: (1) knowingly
accessing, attempting to access, or using a computer system for
the purpose of (a) devising or executing any scheme or artifice
to defraud, or (b) obtaining money, property or services by means
of false or fraudulent pretenses, representations, or promises;
(2) knowingly and without authorization, altering, damaging, or
destroying any computer system, computer software, program,
documentation, or data; and (3) knowingly and without
authorization, accessing, or attempting to access, or using any
computer system, computer software, program, documentation, or
data. (Idaho Code Sections 18-2201 to 2202.)

    Theft of telecommunications and telecommunications theft
device provisions are contained in the same statute, which also
includes theft by use of codes. (Id. Sec. 18-6713.) Idaho also
has a provision relating to aiding in the avoidance of
telecommunications charges that prohibits the publication of
telephone credit codes. (Id. Sec. 18-6714.)


Illinois

    The Illinois statute relating to the unlawful use of a
computer prohibits knowingly: (1) obtaining the use of a computer
system without the consent of the owner; (2) altering or
destroying computer programs or data without the consent of the
owner; and (3) obtaining the use of, altering, or destroying a
computer system as part of a deception for the purpose of
obtaining money, property, or services from the owner of a
computer system. (Ill. Ann. Stat. Chapter 38, Sec. 16-9.)

    The Illinois statute pertaining to frauds concerning
telecommunications services prohibits obtaining
telecommunications services, with intent to defraud, by the: (1)
unauthorized use of telephone credit codes; (2) use of a device;
(3) publication of telephone credit codes; and (4) publication of
plans, diagrams, or methods of construction for a
telecommunications theft device. (Id. Chapter 134, Sec. 15c.)


Indiana

    There was no computer-related statute in Indiana as of July
1985. Indiana also has no specific telecommunications theft
statute. Its deceptions statute, however, includes a prohibition
against avoiding the lawful charge of telecommunications services
by scheme or device. (Ind. Code Ann. Sec. 35-43-5-3(b).)


Iowa

    Iowa prohibits knowingly and without authorization: (1)
accessing a computer system; (2) damaging or destroying, or with
the intent to injure or defraud, altering any computer system,
computer software, or program; (3) accessing a computer system
for the purpose of obtaining services, information, or property;
and (4) with intent to deprive the owner permanently of
possession, taking, transferring, concealing, or retaining
possession of a computer system, computer software, program, or
data. (Iowa Code Sec. 716.A.) As of July 1985, no provision
relating to the theft of telecommunications services was found
for Iowa.


Kansas

    As of July 1985, Kansas had no computer-related statute.
Kansas does, however, have a theft of telecommunications services
statute which prohibits: (1) the manufacture or possession of a
telecommunications theft device; (2) selling or transferring such
a device, or plans or instructions for the same; (4) publishing
telephone credit codes; (5) the unauthorized use of telephone
credit codes; and (6) avoiding charges for any telecommunications
service by any fraudulent scheme, device, means or method.
(Kansas Stat. Ann. Sec.  21-3745.) In addition, Kansas provides
civil remedies for a utility against anyone who publishes
telephone credit codes or who obtains credit for, or purchases,
any utility service by the unauthorized use of telephone credit
codes. (Id. Sec. 66-1602.)


Kentucky

    Kentucky has recently passed a computer-related statute (Ky.
Rev. Stat. Ann. Sec. 434.840), but no analysis or summary has yet
been undertaken. Kentucky also has a telecommunications theft
device statue which prohibits the possession, use, sale, or
transfer of such a device, or plans or instructions for making
the same. (Id. Sec. 514.065.)


Louisiana

    Louisiana's computer crime statute prohibits the: (1)
intentional destruction, insertion, modification, disclosure,
use, copying, taking, or accessing, without consent, of
intellectual property (which is defined in the statute as
including computer software, programs, and data); (2) intentional
modification or destruction, without consent, of computer
equipment or supplies; (3) intentional denial to an authorized
user, without consent, of the full and effective use of, or
access to, a computer system; and (4) access of any computer
system with the intent to defraud or obtain money, property, or
services by means of false or fraudulent conduct, practices, or
representations, or through the alteration, deletion, or
insertion of programs or data. (La. Rev. Stat. Sections
14:73.1-:73.5.)

    Louisiana has a statute prohibiting the avoidance of payment
for telecommunications services by the use of a code, a device,
or by the use of any other fraudulent means, method, trick, or
device. (Id. Sec. 14:221.) Louisiana also has a statute
prohibiting the manufacture, possession, sale, or transfer of a
telecommunications theft device, or the plans or instructions to
make or assemble the same. (Id. Sec. 14:222.)

    Louisiana was also the first state to enact a computer
software shrinkwrap law. It basically allows shrinkwrap licenses
for microcomputer software provided the vendor follows the law's
disclosure requirements. (More detail will be provided later.)


Maine

    In Maine, the theft of computer and telephone services are
incorporated into the state's theft of services statute. (Me.
Rev. Stat. Ann. Title 17-A, Sec. 357.) Maine also has a statute
prohibiting the possession, manufacture, or transfer of a device
useful for advancing or facilitating the commission of the theft
of services. (Id. Title 17-A, Sec. 907.)


Maryland

    Maryland has a computer crime statute which essentially
prohibits the intentional, willful, and unauthorized access, or
attempted access, of a computer system or computer software. (Md.
Crim. Law Code Ann. Sec. 146.) Maryland also prohibits the
willful making of a false entry, alteration, destruction,
removal, concealment, or access of any public records. (Id. Sec.
45A.) Maryland has also included computer equipment and
telecommunications services in its definitions of services under
its theft provisions. (Id. Sec. 340(j).) Furthermore, Maryland
has a statute prohibiting the manufacture, sale, possession, or
transfer of a telecommunications theft device, or the plans or
instructions for making the same, as well as a statute
prohibiting the publication of telephone credit codes. (Id. Sec.
557A.)


Massachusetts

    The latest information on Massachusetts showed that both the
House and the Senate had introduced proposed computer crime laws.
The Senate proposal generally prohibited the willful, knowing,
and unauthorized, with or without an intent to defraud,
modification, destruction, disclosure, use, taking, or damaging
of computer data, programs, or supporting documentation, or
computer equipment or supplies, as well as the denial of computer
services to authorized users. The House proposal was
substantially similar.

    The Senate bill had one interesting provision. It provided
that the functional owner of the computer system would be
responsible for the protection of that resource by instituting
acceptable physical security and computer system/network security
controls to protect the user of those resources.

    Massachusetts also has statutes relating to: obtaining
telecommunications services with the intent to defraud;
manufacturing, possessing, using, selling, or transferring a
telcommunications theft device, or the plans or instructions for
making the same; and publishing telephone credit codes. (Mass.
Gen. Laws Ann. Chapter 166, Sec. 42B.)


Michigan

    The computer crime statute in Michigan prohibits: (1) access
to a computer system for the purpose of devising or executing a
scheme or artifice with intent to defraud or for the purpose of
obtaining money, property, or a service by means of a false or
fraudulent pretense, representation, or promise; and (2) the
intentional and unauthorized access, alteration, damage, or
destruction of a computer system, computer software, program, or
data. An interesting feature of the statute is that it also
prohibits the utilization of a computer system to commit a
violation of other sections of the Michigan code. (Mich. Comp.
Laws Ann. Sections 752.791-.797.)

    Michigan also has statutes relating to theft of
telecommunications services. The prohibit: knowingly obtaining,
or attempting to obtain, by use of any fraudulent scheme, device,
means, or methods, telephone service with intent to avoid payment
of charges therefor (Id. Sec. 750.219c); obtaining telephone
service by unauthorized use of telephone credit codes (Id. Sec.
750.219a); and the manufacture, possession, use, sale, or
transfer of a telecommunications theft device, or the plans or
instructions for making the same (Id. Sec. 750.540c).


Minnesota

    The Minnesota computer crime statute prohibits the: (1)
intentional and unauthorized damage or destruction of any
computer system or computer software; (2) intentional and
unauthorized alteration of any computer system or computer
software, with the intent to injure or defraud; (3) intentional
and unauthorized, or without claim of right, accessing of any
computer system for the purpose of obtaining services or
property; and (4) intentional, and without claim of right, and
with intent to permanently deprive the owner of possession,
taking, transferring, concealing, or retaining possession of any
computer system, computer software or data. (Minn. Stat. Ann.
Sections 609.87-.89.)

    Minnesota also has a statute relating to fraudulent long
distance telephone calls which prohibits obtaining long distance
telephone service by means of unauthorized use of telephone
credit codes or through the manufacture, possession, use, or sale
of a telecommunications theft device, or the plans or component
parts for the same. (Id. Sec. 609.785.)


Mississippi

    There was no computer related statute in Mississippi as of
July 1985. Mississippi does, however, have a statute relating to
the theft of telecommunications services which prohibits
obtaining services through the use of telephone credit codes and
the obtaining of telephone services by the use of any fraudulent
scheme, device, means, or method. (Miss. Code Ann. Sec.
97-19-31.)


Missouri

    The Missouri "Computer Tampering" statute prohibits knowingly
and without authorization, with or without an intent to defraud:
(1) modifying or destroying data, programs or supporting
documentation; (2) disclosing or taking confidential data,
programs or supporting documentation; (3) modifying, destroying,
damaging, or taking computer equipment; (4) destroying, damaging,
or taking any computer system; (5) accessing any computer system;
and (6) denying computer system services to an authorized user.
(Mo. Ann. Stat. Sections 569.093-.099.)

    No statute directly relating to theft of telecommunications
services could be found for Missouri as of July 1985. There is,
however, a broad difinition of credit devices which may be
applicable. The statute's definition of a credit device includes
a writing or number purporting to evidence an undertaking to pay
for services rendered (Id. Sec. 570.010(5)). In addition, the
statute relating to the fraudulent use of a credit device
prohibits, among other things, obtaining services through
unauthorized use (Id. Sec. 570.130).


Montana

    Montana has a statute pertaining to the unlawful use of a
computer. It prohibits knowingly: (1) obtaining the use of any
computer system without consent of the owner; (2) altering or
destroying a computer program or software without consent of the
owner; and (3) obtaining the use of, altering, or destroying a
computer system for the purpose of obtaining money, property, or
computer services. (Mont. Code Ann. Sec. 45-6-311.)

    Montana has two statutes relating to theft of
telecommunications services. The first prohibits obtaining
communication services with intent to defraud by means of: (1)
using a code or prearranged scheme; (2) acoustically tampering
with any equipment; (3) any other trick, strategem,
impersonation, false pretense, false representation, false
statement, contrivance, device, or means; and (4) making,
assembling or possessing a telecommunications theft device or the
plans or instructions for making the same (Id. Sec. 45-6-306).
The second statute pertains to aiding the avoidance of
telecommunications charges. It prohibits the: (1) publication of
telephone credit codes; (2) publication, advertisement, sale, or
transfer of the plans or instructions for making a
telecommunications theft device; and (3) manufacture, possession,
sale, or transfer of a telecommunications theft device (Id. Sec.
45-6-307).


Nebraska

    Nebraska had no computer-related statute as of July, 1985.
Its theft of services statute does provide for telephone
services. The statute also prhohibits the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same. (Neb.
Rev. Stat. Sec. 28-515.)


Nevada

    The Nevada statute pertaining to the unlawful use of
computers prohibits knowingly, willingly and without
authorization, with or without an intent to defraud: (1)
modifying, destroying, disclosing, using, taking, copying, or
entering computer data, programs, or supporting documents; (2)
modifying, destroying, using, taking, or damaging computer
equipment or supplies; (3) destroying, damaging, or taking a
computer system; and (4) denying the use of a computer system to
an authorized user. (Nev. Rev. Stat. Sec. 205.473-.477.)

    Nevada has a statute relating to fraudulently obtaining
telecommunications services, which includes prohibitions for the
unauthorized use of telephone credit codes. (Id. Sec. 205.480.)
In addition, Nevada has a statute prohibiting the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same. (Id.
Sec. 205.490.)


New Hampshire

    As of July, 1985, there was no computer-related statute in
New Hampshire, though New Hampshire's theft statute applies to
both tangible and intangible property. (N.H. Rev. Stat. Ann. Sec.
637:2.) New Hampshire also has a statute relating to fraudulent
communications paraphernalia which prohibits the possession,
manufacture, or transfer of a telecommunications theft device, or
information for making the same, as well as communicating
telephone credit codes. (Id. Sec. 638:5a.)


New Jersey

    New Jersey had no computer-related statute as of July, 1985,
though it did have two proposed computer-related bills in the
legislature. New Jersey's theft of service statute includes
obtaining telephone services by mechanical or electronic devices
or through fraudulent statements. (N.J. Stat. Ann. Sec. 2C:20-8.)


New Mexico

    New Mexico's computer crime statute prohibits: (1) accessing
any computer system with the intent to (a) devise or execute any
scheme or artifice to defraud, or (b) with the intent to obtain,
by means of embezzlement or false or fraudulent services; and (2)
intentionally, maliciously, and without authorization, accessing,
altering, damaging, or destroying any computer system. (N.M.
Stat. Ann. Sec. 30-16(A)-1 to 4.)

    New Mexico also has statutes relating to the theft of
telecommunications services. They prohibit (1) obtaining
telecommunications services, with the intent to defraud, by
unauthorized use of telephone credit codes or by using any other
contrivance, device, or means (Id. Sec. 30-33-13(A)) and (2) the
manufacture, possession, sale, or transfer of a
telecommunications theft device. (Id. Sec. 30-33-13(B)).


New York

    New York had no computer-related statute as of July, 1985.
New York's theft of services statute prohibits obtaining
telephone services by use of a telecommunications theft device or
by an artifice, trick, deception, code, or device. (N.Y. Penal
Law Sec. 165.15.)


North Carolina

    The North Carolina computer crime statutes provide for the
willful, direct or indirect, with or without the intent to
defraud, accessing of any computer system, and for the willful
and unauthorized alteration, damage, or destruction of any
computer system, computer software, program, or data. (N.C. Gen.
Stat. Sec. 14-453 to 457.)

    Although North Carolina does not have a statute directly
prohibiting the theft of telecommunications services, it does
have a general statute prohibiting avoiding charges for telephone
services. (Id. Sec. 14-113.4.) Another statute specifically
prohibits the unauthorized use of telephone credit codes (Id.
Sec. 14-113.3) and a third statute prohibits: (1) the
manufacture, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same; (2)
publishing the plans or instructions for making a
telecommunications theft device; and (3) publishing telephone
credit codes. (Id. Sec. 14-113.5).


North Dakota

    The North Dakota Computer Fraud statute prohibits (1) the
unauthorized access, alteration, damage, or destruction of any
computer system with the intent to devise or execute any scheme
or artifice to defraud or deceive, or control property or
services by means of false or fraudulent pretenses,
representations, or promises, and (2) the intentional,
unauthorized access, alteration, damage, or destruction of any
computer system, computer software, program, or data. (N.D. Cent.
Code Sec. 12.1-06.1-.08.)

    North Dakota has a statute which prohibits the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the offer or advertisement of such device for sale, or
the plans or instructions for making the same. (Id. Sec.
8-10-07.2.) North Dakota also has a statute prohibiting the
unlawful publication of telephone credit codes. (Id. Sec.
8-10-07.3.)


Ohio

    Ohio's theft provisions include definitions directly related
to computers (Ohio Rev. Code Ann. Sec. 2913.01), but, as of July,
1985, Ohio had no computer crime statute. Ohio does have a
statute prohibiting the fraudulent use of telephone service
(including unauthorized use of telephone credit codes) (Id. Sec.
3931.32) and a statute prohibiting the manufacture, possession,
sale, or transfer of a telecommunications theft device, or the
plans or instructions for making the same. (Id. Sec. 4931.33).


Oklahoma

    The Oklahoma Computer Crime statute prohibits: (1) willfully,
and without authorization, gaining access to and damaging,
modifying, altering, destroying, copying, disclosing, or taking
possession of a computer system; (2) using a computer system for
the purpose of devising or executing a scheme or artifice with
the intent (a) to defraud or (b) for the pupose of obtaining
money, property, services, or other things of value by means of a
false or fraudulent pretense or representation; (3) willfully
exceeding the limits of authorization and damaging, modifying,
altering, destroying, copying, disclosing, or taking possession
of a computer system; and (4) willfully and without
authorization, gaining, or attempting to gain, access to a
computer system. (Computer Crimes Act, ch. 70, Sec. 3; Okla.
Sess. Law Serv. 245, 246.)

    Oklahoma has a statute prohibiting the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same. (Okla.
Stat. Ann. tit. 21, Sec. 1516.) There is also a statute
prohibiting the publication of telephone credit codes. (Id. Sec.
1522.)


Oregon

    As of July, 1985, there was no computer-related statute in
Oregon. Oregon incorporates telephone services into its theft of
services statute (Or. Rev. Stat. Sec. 164.130) and prohibits the
possession of a fraudulent communications device in a separate
statute (Id. Sec. 165.070).


Pennsylvania

    The Pennsylvania statute pertaining to the unlawful use of a
computer prohibits: (1) the access, alteration, damage, or
destruction of any computer system, computer software, program,
or data with the intent to (a) interrupt the normal functioning
of an organization, (b) devise or execute any scheme or artifice
to defraud or deceive, or (c) control property or services by
means of false or fraudulent pretenses, representations, or
promises, and (2) intentionally and without authorization,
accessing, altering, damaging, or destroying any computer system,
computer software, program, or data. (18 Pa. Cons. Stat. Ann.
Sec. 3933.)

    Pennsylvania has a statute prohibiting the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same. (Id.
Sec. 910.)


Rhode Island

    Rhode Island's Computer Crime statute prohibits: (1) the
direct or indirect access of any computer system for the purpose
of (a) devising or executing any scheme or artifice to defraud or
(b) obtaining money, property or services by means of false or
fraudulent pretenses, representations, or promises; (2)
intentionally and without authorization, directly or indirectly
accessing, altering, damaging, or destroying any computer system,
computer software, program, or data; and (3) intentionally and
without claim of right, and with intent to permanently deprive
the owner of possession, taking, transferring, concealing, or
retaining possession of any computer system, computer software,
program, or data. (R.I. Gen. Laws Sec. 11-52-1 to 5.)

    Rhode Island has a statute prohibiting the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or specifications for making the same. (Id.
Sec. 11-35-25.) Rhode Island also has a statute prohibiting the
publication of telephone credit codes. (Id. Sec. 11-49-6.1.)


South Carolina

    South Carolina passed a computer crime law shortly before
this summary was completed in July, 1985. One interesting point
concerning the South Carolina statute is that it is the first in
the country to provide a definition of "computer hacking". (S.C.
Code Ann. Sections 16-16-10 to 40.)

    South Carolina has a statute prohibiting the avoidance of
payment for telecommunications services through the unauthorized
use of telephone credit codes or by, inter alia, the use of any
other fraudulent means, method, trick, or device.  (Id. Sections
16-13-400 to 410.)


South Dakota

    The South Dakota statutes providing for the unlawful use of a
computer prohibit knowingly: (1) obtaining the use of a computer
system without the consent of the owner; (2) altering or
destroying a computer program or data without the consent of the
owner; and (3) obtaining the use of, altering, or destroying a
computer system as part of a deception for the purpose of
obtaining money, property, or services from the owner of a
computer system or any third party. (S.D. Codified Laws Ann.
Sections 43-43B-1 to 8.)

    South Dakota has a statute which prohibits obtaining
telephone service without payment, which includes the
unauthorized use of telephone credit codes. (Id. Sec. 49-31-37.)
South Dakota also has a statute which prohibits the manufacture,
possession, sale, or transfer of a telecommunications theft
device, or the plans or instructions for making the same. (Id.
Sec. 49-31-36.)


Tennessee

    The Tennessee Computer Crimes statutes prohibit: (1)
knowingly and willfully, directly or indirectly, accessing, or
attempting to access, any computer system, computer software,
program, or data for the purpose of (a) devising or executing any
scheme or artifice to defraud or (b) obtaining money, property,
or services by means of false or fraudulent pretenses,
representations, or promises; and (2) intentionally and without
authorization, directly or indirectly, accessing, altering,
damaging, destroying, or attempting to damage or destroy, any
computer system, computer software, program, or data. (Tenn. Code
Ann. Sections 39-3-1401 to 1406.)

    Tennessee has a statute that prohibits obtaining telephone
service by fraudulent means. (Id. Sec. 39-3-935.) Tennessee also
has a statute prohibiting the manufacture, possession, sale, or
transfer of a telecommunications theft device, or the plans or
instructions for making the same. (Id. Sec. 39-3-936.)


Texas

    As of July, 1985, there was no computer-related statute in
Texas. Texas does have a statute relating to fraudulently
obtaining telecommunications services which prohibits the
publication of telephone credit codes and the manufacture or
possession of any equipment specifically designed to be used to
fraudulently avoid charges for telecommunications services.
(Tex. Tat. Ann. art. 1446(b).)


Utah

    In Utah, computer fraud applies to any person who willfully
gains access to any computer system, computer software, or
program or knowingly and willfully provides false information or
who causes any other person directly or indirectly to enter false
information into any computer system, computer software or
program, and thereby devises or executes any scheme or artifice
to defraud or obtain money, property or services, including the
unauthorized use of computer time, under false pretenses,
representations, or promises, including representations made to a
computer, and thereby alters, damages or destroys any computer
system, computer software or program. (Utah Code Ann. Sections
76-6-701 to 704.)

    Utah has a statute which provides for the theft of
telecommunications services (Id. Sec. 76-6-409) as well as for
telecommunications theft devices (Id. Sec. 76-6-409.1).


Vermont

    There was no computer-related statute in Vermont as of July,
1985. Vermont does have a statute relating to fraud against the
owners of communications systems, which prohibits the
unauthorized use of telephone credit codes. (Vt. Stat. Ann. tit.
13, Sec. 2021.)


Virginia

    The Computer Crimes statutes in Virginia prohibit the
unauthorized use of a computer with the intent to: (1) obtain
property or services by false pretenses, embezzle or commit
larceny, or convert the property of another; (2) temporarily or
permanently remove computer data, programs, or software from a
computer, cause a computer to malfunction, alter or erase any
computer data, programs, or software, effect the creation or
alteration of a financial instrument or of an electronic transfer
of funds, or cause physical injury to the property of another;
(3) examine any employment, salary, credit or any other financial
or personal information relating to any other person with the
intent to injure such person; (4) obtain computer service without
authority; or (5) cause physical injury to an individual.  In
addition, Virginia's computer crime statute has a provision
allowing the recovery of civil damages for any person whose
property or person is injured by reason of a violation of any
provision of this statute. (Va.  Code Sections 18.2-152.1 to
152.14.)

    Virginia has a statute which prohibits obtaining telephone
services without payment by the use of any scheme, device, means
or method. (Id. Sec. 18.2-187.1.)


Washington

    Washington's Computer Trespass statute prohibits
intentionally and without authorization gaining access to a
computer system or data, with or without the intent to commit
another crime. (Wash. Rev. Code Ann. Sections 9A.52.110-.130.)

    Washington has a statute relating to fraudulently obtaining
telephone service which prohibits the manufacture, possession,
sale, or transfer of a telecommunications theft device or the
plans or instructions for making the same. (Id. Sec. 9.45.240.)
In addition, Washington has a statute prohibiting the publication
of telephone credit codes. (Id. Sec. 9.26A.090.)


West Virginia

    There was no computer-related statute as of July, 1985 in
West Virginia. There is a statute which prohibits obtaining
services through the unauthorized use of telephone credit codes
(W. Va. Code Sec. 61-3-24a) as well as a statute which prohibits
the manufacture, possession, sale, or transfer of a
telecommunications theft device, or the plans or instructions for
making the same (Id. Sec. 61-3-24b).


Wisconsin

    The Wisconsin Computer Crime statute prohibits: (1) the
willful, knowing, and unauthorized modification, destruction,
access, taking possession, or copying of data, computer programs,
or supporting documentation and (2) the willful, knowing and
unauthorized modification, destruction, use, taking, or damaging
of a computer system, computer equipment, or supplies. There is
also a provision which allows a judge to place restrictions on
the offender's use of computers. (Wis. Tat. Ann. Sec. 943.70.)

    Wisconsin has a telecommunications fraud statute. (Id. Sec.
943.45.)


Wyoming

    The computer crime statutes in Wyoming prohibit knowingly and
without authorization: (1) modifying, destroying or disclosing
data, programs, or supporting documentation; (2) modifying
computer equipment or supplies; and (3) accessing a computer
system or denying computer system services to an authorized user.
(Wyo. Stat. Sections 6-3-501 to 505.)

    Wyoming has a statute which prohibits fraudulently obtaining
telecommunications services by an unauthorized use of telephone
credit codes, or by any other trick, strategem, impersonation,
false pretense, false representation, false statement,
contrivance, device, or means. (Id. Sec. 6-3-409.) Wyoming also
has a statute which prohibits the manufacture, possession, sale,
or transfer of a telecommunications theft device, or the plans or
instructions to make the same. (Id. Sec. 37-12-124.)