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TUCoPS :: Cyber Law :: oregon.txt

Oregon Computer Crime Law




                          1989 OREGON REVISED STATUTES
         COPR. (c) 1989 by STATE OF OREGON Legislative Counsel Committee
                        TITLE 16. CRIMES AND PUNISHMENTS
                     CHAPTER 164. OFFENSES AGAINST PROPERTY
                     CRIMINAL MISCHIEF AND RELATED OFFENSES

 164.377.  COMPUTER CRIME.

   (1) As used in this section:
   (a) To "access" means to instruct, communicate with, store data in, retrieve
 data from or otherwise make use of any resources of a COMPUTER, COMPUTER system
 or COMPUTER network.
   (b) "COMPUTER" means, but is not limited to, an electronic device which
 performs logical, arithmetic or memory functions by the manipulations of
 electronic, magnetic or optical signals or impulses, and includes all input,
 output, processing, storage, software or communication facilities which are
 connected or related to such a device in a system or network.
   (c) "COMPUTER network" means, but is not limited to, the interconnection of
 communication lines, including microwave or other means of electronic
communication, with a COMPUTER through remote terminals or a complex consisting
 of two or more interconnected COMPUTERS.
   (d) "COMPUTER program" means, but is not limited to, 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 or usage of such COMPUTER system.
   (e) "COMPUTER software" means, but is not limited to, COMPUTER programs,
 procedures and associated documentation concerned with the operation of a
 COMPUTER system.
   (f) "COMPUTER system" means, but is not limited to, a set of related,
 connected or unconnected, COMPUTER equipment, devices and software.
   (g) "Data" means a representation of information, knowledge, facts, concepts,
 COMPUTER software, COMPUTER programs or instructions. "Data" may be in any
 form, in storage media, or as stored in the memory of the COMPUTER, or in
 transit, or presented on a display device. "Data" includes, but is not limited
 to, COMPUTER or human readable forms of numbers, text, stored voice, graphics
 and images.
   (h) "Property" includes, but is not limited to, financial instruments,
 information, including electronically produced data, and COMPUTER software and
 programs in either COMPUTER or human readable form, intellectual property and
 any other tangible or intangible item of value.
   (i) "Proprietary information" includes any scientific, technical or
 commercial information including any design, process, procedure, list of
 customers, list of suppliers, customers' records or business code or
 improvement thereof that is known only to limited individuals within an
 organization and is used in a business that the organization conducts. The
 information must have actual or potential commercial value and give the user of
 the information an opportunity to obtain a business advantage over competitors
 who do not know or use the information.
   (j) "Services" include, but are not limited to, COMPUTER time, data
 processing and storage functions.
   (2) Any person commits COMPUTER CRIME who knowingly accesses, attempts to
 access or uses, or attempts to use, any COMPUTER, COMPUTER system, COMPUTER
 network or any part thereof for the purpose of:
   (a) Devising or executing any scheme or artifice to defraud;
   (b) Obtaining money, property or services by means of false or fraudulent
 pretenses, representations or promises; or
   (c) Committing theft, including, but not limited to, theft of proprietary
 information.
   (3) Any person who knowingly and without authorization alters, damages or
destroys any COMPUTER, COMPUTER system, COMPUTER network, or any COMPUTER
 software, program, documentation or data contained in such COMPUTER, COMPUTER
 system or COMPUTER network, commits COMPUTER CRIME.
   (4) Any person who knowingly and without authorization uses, accesses or
 attempts to access any COMPUTER, COMPUTER system, COMPUTER network, or any
 COMPUTER software, program, documentation or data contained in such COMPUTER,
 COMPUTER system or COMPUTER network, commits COMPUTER CRIME.
   (5) A violation of the provisions of subsection (2) or (3) of this section
 shall be a Class C felony. A violation of the provisions of subsection (4) of
 this section shall be a Class A misdemeanor.

 (1985 c.537 s 8; 1989 c.737 s 1)

   <For additional materials concerning this section, if any, see Historical
 Note>




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