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Re: Comments on new Mass. comp.crime law?


[sorry if you saw this twice... I wanted misc.legal.computing in on it too.]

>>>>> "John" == John K Taber <jktaber@netcom.com> writes:
John> :      The law criminalizes:
John> :      - unauthorized access to systems (penalty: up to 
John> : $1000 fine and/or 30 days)

John> What does "unauthorized access" mean?  If this is the equivalent of a no
John> trespassing law, I have no problems with it.  But if "unauthorized access"
John> mean an employee who uses his employer's computer to post to a newsgroup 
John> without specific permission has committed an offense under this law, then
John> I object to it.  The penalties seem to me to be in line with trespass 
John> laws.  This is a great improvement over an early computer crime bill that
John> carried penalties of 15 years for minimal offenses.

The Oregon (and Idaho[!]) law makes "unauthorized alteration" of
practically anything computer-related a "Class C" Felony (up to 5
years and $250,000, the same thing Tonya Harding copped to).

However, it doesn't define either "unauthorized" or "alter"!  In fact,
it's the only place in the 613 references to "authorize" in the Oregon
State code that does *not* define an authorizing body and form of
authorization required.  (CD-ROMS are wonderful!) And "alter" is
completely indeterminate.  (In fact, a prosecutor and judge recently
agreed that "alter" includes changing the background screen color!!!)

For those of you that know of an ongoing story about me, this is part
of it.  So I say this with more than a passing interest.

Let's hope the Demurr is successful.  I'll keep y'all posted.

Just another indicted suspected felon, :-)
# legal fund: $1182.57 collected, $11835 spent; email @FUND in body for details
-- 
Name: Randal L. Schwartz / Stonehenge Consulting Services (503)777-0095
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