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Re: Legallity of *using* SATAN

In article <3mksg5$f9u@thelair.zynet.com|, synk@thelair.zynet.com says...

|Have a looksy:
|
|
|                       NEW MEXICO STATUTES 1978, ANNOTATED
|    Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
|                          CHAPTER 30. Criminal Offenses
|                          ARTICLE 16A. COMPUTER CRIMES
|
|                     (Repealed by Laws 1989, ch. 215, s 8.)
|
| 30-16A-1 to 30-16A-4. Repealed.
|
|
|
|                       NEW MEXICO STATUTES 1978, ANNOTATED
|    Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
|                          CHAPTER 30. Criminal Offenses
|                           ARTICLE 45. COMPUTER CRIMES
|
| 30-45-1. Short title.
|
|    This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "COMPUTER CRIMES
| Act".
|
|   History: Laws 1989, ch. 215, s 1.
|
| 30-45-2. Definitions.
|
|    As used in the COMPUTER CRIMES Act [30-45-1 to 30-45-7 NMSA 1978]:
|     A.  "access" means to program, execute programs on, intercept, instruct,
| communicate with, store data in, retrieve data from or otherwise make use of
| any computer resources, including data or programs of a computer, computer
| system, computer network or database;
|     B.  "computer" includes an electronic, magnetic, optical or other high-
| speed data processing device or system performing logical, arithmetic or
| storage functions and includes any property, data storage facility or
| communications facility directly related to or operating in conjunction with
| such device or system. The term does not include an automated typewriter or
| typesetter or a single display machine in and of itself, designed and used
| solely within itself for word processing, or a portable hand-held calculator,
| or any other device which might contain components similar to those in
| computers but in which the components have the sole function of controlling the
| device for the single purpose for which the device is intended;
|     C.  "computer network" means the interconnection of communication lines and
| circuits with a computer 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 a computer
| system;
|     E.  "computer property" includes a financial instrument, data, databases,
| computer software, computer programs, documents associated with computer
| systems and computer programs, or copies, whether tangible or intangible, and
| data while in transit;
|     F.  "computer service" includes computer time, the use of the computer
| system, computer network, computer programs or data prepared for computer use,
| data contained within a computer network and data processing and other
| functions performed, in whole or in part, by the use of computers, computer
| systems, computer networks or computer software;
|     G.  "computer software" means a set of computer programs, procedures and
| associated documentation concerned with the operation and function of a
| computer system;
|     H.  "computer system" means a set of related or interconnected computer
| equipment, devices and software;
|     I.  "data" means a representation of information, knowledge, facts,
| concepts or instructions which are prepared and are intended for use in a
| computer, computer system or computer network;
|     J.  "database" means any data or other information classified, processed,
| transmitted, received, retrieved, originated, switched, stored, manifested,
| measured, detected, recorded, reproduced, handled or utilized by a computer,
| computer system, computer network or computer software; and
|     K.  "financial instrument" includes any check, draft, warrant, money order,
| note, certificate of deposit, letter of credit, bill of exchange, credit or
| debit card, transaction, authorization mechanism, marketable security or any
| other computerized representation thereof.
|
|   History: Laws 1989, ch. 215, s 2.
|
| 30-45-3. Computer access with intent to defraud or embezzle.
|
|    Any person who knowingly and willfully accesses or causes to be accessed any
| computer, computer system, computer network or any part thereof with the intent
| to obtain, by means of embezzlement or false or fraudulent pretenses,
| representations or promises, money, property or anything of value, where:
|     A.  the money, property or other thing has a value of one hundred dollars
| ($100) or less is guilty of a petty misdemeanor;
|     B.  the money, property or other thing has a value of more than one hundred
| dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of
| a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-
| 19-1 NMSA 1978;
|     C.  the money, property or other thing has a value of more than two hundred
| fifty dollars ($250) but not more than two thousand five hundred dollars
| ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to
| the provisions of Section 31-18-15 NMSA 1978;
|     D.  the money, property or other thing has a value of more than two
| thousand five hundred dollars ($2,500) but not more than twenty thousand
| dollars ($20,000) is guilty of a third degree felony and shall be sentenced
| pursuant to the provisions of Section 31-18-15 NMSA 1978; or
|     E.  the money, property or other thing has a value of more than twenty
| thousand dollars ($20,000) is guilty of a second degree felony and shall be
| sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
|
|   History: Laws 1989, ch. 215, s 3.
|
|
| 30-45-4. Computer abuse.
|
|    Any person who knowingly, willfully and without authorization, or having
| obtained authorization:
|     A.  directly or indirectly alters, changes, damages, disrupts or destroys
| any computer, computer network, computer property, computer service or computer
| system where:

Alter, change, damage, disrupt, or destroy.  SATAN does neither (althought it was posted that it
dispurted the service on some SGI machines).  Moreover, it has to be "knowingly, willfully and
without authorization".  Laws like this do not live in a vacuum of words, all this syays so say
is some one attempting to "alter, change, damage, disrupt, or destroy" by a positive act of will
and the knowledge that it would do so.  Now read the rest, a monetary amount for damage is
assumed for this section:

|       (1)  the damage to the computer property or computer service has a value
| of one hundred dollars ($100) or less is guilty of a petty misdemeanor;
|       (2)  the damage to the computer property or computer service has a value
| of more than one hundred dollars ($100) but not more than two hundred fifty
| dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to
| the provisions of Section 31-19-1 NMSA 1978;
|       (3)  the damage to the computer property or computer service has a value
| of more than two hundred fifty dollars ($250) but not more than two thousand
| five hundred dollars ($2,500) is guilty of a fourth degree felony and shall be
| sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
|       (4)  the damage to the computer property or computer service has a value
| of more than two thousand five hundred dollars ($2,500) but not more than
| twenty thousand dollars ($20,000) is guilty of a third degree felony and shall
| be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
|       (5)  the damage to the computer property or computer service has a value
| of more than twenty thousand dollars ($20,000) is guilty of a second degree
| felony and shall be sentenced pursuant to the provisions of Section 31-18-15
| NMSA 1978; or

Now this part:

|     B.  directly or indirectly introduces or causes to be introduced data which
| the person knows to be false into a computer, computer system, computer
| network, computer software, computer program, database or any part thereof with
| the intent of harming the property or financial interests or rights of any
| person is guilty of a fourth degree felony and shall be sentenced pursuant to
| the provisions of Section 31-18-15 NMSA 1978.

Introducing data "with intent of harming the property or financial interests or rights of any
person".  SATAn does not qualify, neither a hacker who just scans a system.  No new data is
being
introcuced which would cause any of the consequences mentioned.


|   History: Laws 1989, ch. 215, s 4.
|
|
| 30-45-5. Unauthorized computer use.
|
|    Any person who knowingly, willfully and without authorization, or having
| obtained authorization, uses the opportunity such authorization provides for
| purposes to which the authorization does not extend, directly or indirectly
| accesses, uses, takes, transfers, conceals, obtains, copies, or retains
| possession of any computer, computer network, computer property, computer
| service, computer system or any part thereof where:


key word: "posession of any computer".  And read the following where the damage is exapned
on:

|     A.  the damage to the computer property or computer service has a value of
| one hundred dollars ($100) or less is guilty of a petty misdemeanor;
|     B.  the damage to the computer property or computer service has a value of
| more than one hundred dollars ($100) but not more than two hundred fifty
| dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to
| the provisions of Section 31-19-1 NMSA 1978;
|     C.  the damage to the computer property or computer service has a value of
| more than two hundred fifty dollars ($250) but not more than two thousand five
| hundred dollars ($2,500) is guilty of a fourth degree felony and shall be
| sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
|     D.  the damage to the computer property or computer service has a value of
| more than two thousand five hundred dollars ($2,500) but not more than twenty
| thousand dollars ($20,000) is guilty of a third degree felony and shall be
| sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
|     E.  the damage to the computer property or computer service has a value of
| more than twenty thousand dollars ($20,000) is guilty of a second degree felony
| and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA
| 1978.


What does SATAN take that was "posessed" (legally) by that system?  and what are the
damages?  Is
a system damaged $250 is Joe Blow finds out that it has a security hole in sendmail? How so?
Again, this law is geared to an entirely different kind of access.


|   History: Laws 1989, ch. 215, s 5.
|
|
| 30-45-6. Prosecution.

[deleted, not applicable]


Blah Blah Blah!  This is not a police state!


Sam Sarmad
References: