/* R FRINGE COMMENTARY- The Georgia Computer Crimes Law follows, Official Code of Georgia, Title 16 Section 9-91, adopted 1981*/ SECTION 16-9-91 Legislative intent The General Assembly finds that: (1) Computer related crime is a growing problem in the government and in the private sector; (2) Such crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime; (3) The opportunities for computer related crimes in state programs and in other entities which operate within the state through the introduction of fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized information files, and the stealing of financial instruments, data, or other assets are great; (4) Computer related crime operations have a direct affect on state commerce; and (5) The prosecution of persons engaged in computer related crime is difficult under current Georgia statutes. SECTION 16-9-92 Definitions As used in this article, the term: (1) "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. (2) "Computer" means an internally programmed, general- purpose, digital device that automatically processes substantial data. (3) "Computer network" means a set of two or more computer systems that automatically transmit data over communication circuits connecting them. (4) "Computer program" means an ordered set of data that are coded instructions or statements that when executed by a computer causes the computer to process data. (5) "Computer software" a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system. (6) "Computer system" means a set of connected devices including a computer and possibly other devices, such as data input, output or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing special-purpose data processing tasks for which it is specified. (7) "Data" means a representation of information, knowledge, facts, concepts, or instruments which is being prepared or have been prepared in a formalized manner and is intended to be processed, is being processed or has been processed in a computer system or computer network; which should be classified as intellectual property; and which may be in any form, including, but not limited to, computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer. (8) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security, or any computer system representation thereof. (9) "Property" includes, but is not limited to, financial instruments, data, computer programs, documentation associated with data and computer system and programs, all in machine- readable or human-readable form, and any other tangible or intangible item of value. (10) "Services" includes, but is not limited to, providing a computer system to perform tasks. SECTION 16-9-93 Accessing of computers, etc., for fraudulent purposes; authorized access, alteration, destruction, etc., of computers, etc. (a) Any person who knowingly and willfully, directly or indirectly, without authorization, accesses, causes to be accessed or attempts to access any computer, computer system, computer network, or any part thereof which, in whole or in part, operates in commerce or is owned by, under contract to, or in conjunction with state, county, or local government, or any branch, department, or agency thereof, an business, or any entity operating in or affecting commerce for the purpose of: (1) Devising or executing any scheme or artifice to defraud; or, (2) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations or promises, upon conviction thereof, shall be fined a sum of not more than two and one-half times the amount of the fraud or theft or imprisoned not more than 15 years, or both. (b) Any person who intentionally and without authorization, directly or indirectly accesses, alters, damages, destroys or attempts to damage or destroy any computer, computer system, computer network, or any computer software, program or data, upon conviction thereof, shall be fined not more than $ 50,000.00 or imprisoned not more than 15 years, or both. SECTION 16-9-94 Venue For the purpose of venue under this article, any violation of this article shall be considered to have been committed: /*"Venue" is the law of where a case will be heard. Venue is easy in an armed robbery of a liquor store, since you know where the crime took place, and ordinarily, crimes are tried in the area where they took place. But in computer crime, it is very hard to figure out where the crime took place. The venue provision of Georgia basically says that it can be tried wherever you can catch the baddie. */ (1) In any county in which an act was performed in furtherance of any transaction which violated this article; (2) In the county of the principal place of business in this state of the owner or lessee of a computer, computer system, computer network or any part thereof; /*Caught them! This section is gibberish. This literally means that anywhere where someone owns a computer is a good place to try any computer crime. I think that they mean the place of business where the owner of a computer that was illegal accessed or affected is located, but, then again, it could refer to where the criminal has his place of business. */ (3) In any county in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, property financial instrument, computer software, computer program, or other material or objects which were used in furtherance of this violation; and (4) In any county from which, to which, or through which any access to a computer or computer network was made, whether by wire, electromagnetic waves, microwaves, or any other means of communication. SECTION 16-9-95 Duty to report violation of this article; immunity from liability for making such report It is the duty of every business, partnership, college, university, person, state, county or local government agency department or branch thereof; corporation, or other business entity which has reasonable grounds to believe that a violation of this article has been committed to report promptly the suspected violation to law enforcement authorities. When acting in good faith, such business, partnership, college, university, person, state, county, or local governmental agency or department or branch thereof, or other business entity shall be immune from any civil liability for such reporting. /* The snitch act. Well, if you turn someone in for violating computer crimes, and then they win the case, you will probably be sued for malicious prosecution anyway, and will have to go to the jury on your good faith anyway. There is no penalty mentioned for failure to comply with this duty. Be very careful not to report anyone who might get off!!! */ Downloaded From P-80 International Information Systems 304-744-2253