Computing and the Law

By Claudia Lynch, Benchmarks Editor (lynch@unt.edu)

This article appeared in the March/April 1995 issue ob Benchmarks (Vol. 16, No.2). It has been slightly edited for this issue.

When I first wrote about this topic in the summer of 1993, I noted that "computing for the masses is a relatively recent phenomenon."1 In fact, "the original IBM PC was only introduced in 1981, which was the same year that BITNET became operational. ARPANET (parent of the Internet) started in 1969, but it wasn't used by the general public until after 1983, when it split into two networks, ARPANET and MILNET." One should not be surprised, then, that the laws relating to the use of computers and computer networks are still evolving.

Laws dealing with computers and their uses are often confusing, conflicting, and/or not very well thought out (see previous article of this issue for examples). The purpose of this issue of Benchmarks, therefore, is the same as it was when we focused on "Computing and the Law" in 1993 and again in 1995 - to make you aware that there are legal issues involved with computer usage.

University Policy

The University Policy Manual, Volume II Administrative and Fiscal has a section on computers that contains various policy statements about computer usage on campus. According to the "Computer Resources Security Policy" statement (August 23, 1991, pg. 1 of 7):

"Computing resources" are defined as "any and all computerized institutional data, computer hardware assets, and computer software assets owned or licensed by the university."2

The University defines access to computer resources as a privilege. The "Computer Resources Security Policy," University Policy Manual, Volume II Administrative and Fiscal (August 23, 1991, page 3 of 7), states that:

Furthermore, this same document lists the following responsibilities of individual employees and/or students:

• a. All individuals, whether faculty, staff employees or students, may be required to sign a confidentiality agreement upon receiving the privilege of using university computer resources.
  
• b. All individuals must comply with university computer resource policies and standards.
  
• c. All individuals authorized to use university computer resources are responsible for all usage of their logon access and should keep their passwords confidential to protect university computer resources.
  
• d. All individuals who use wide-area network services (such as BITNET or the Internet) provided via university computer resources shall abide by the policies of those networks.
  
• e. All individuals shall not attempt to access university computer resources for which they have no authorization.
  

The following sanctions are in place, should one violate University computer resource policies ("Computer Resources Security Policy," University Policy Manual, Volume II Administrative and Fiscal, August 23, 1991, page 6 of 7).

• 6.1 Penalties for violation of this policy range from loss of computer resource usage privileges to dismissal from the university, prosecution, and/or civil action. Each case will be determined separately on its merits. Referrals for legal action will be made through the Office of the General Counsel.
  
• 6.2 If the offender is a faculty member, his or her supervisor (usually the department chair) shall initially recommend to the dean and thereafter to the Provost the appropriate sanction. When termination is recommended, the faculty member may appeal to the University Review Committee or to the University Tenure Committee, whichever is appropriate per the University of North Texas Faculty Handbook.
  
• 6.3 If the offender is a staff member, the procedures to be followed are those specified in the "Discipline and Discharge Policy" of the University of North Texas Personnel Policy Manual.
  
• 6.4 If the offender is a student, the procedures to be followed are those specified in the "Code of Student Conduct and Discipline" as printed in the University of North Texas Student Guidebook. If the student in violation of this policy is also an employee of the university, sanctions may include termination of employment.
  

Federal and State Computer Crime Laws

The laws listed on the following pages are currently being used to decide whether a computer crime has been committed either at the federal level or in the state of Texas. People can also be charged with criminal activity by violating various other Federal statutes with regard to copyright infringement, wire fraud, patent infringement and a host of other related laws (this is where things get messy).

@1030. Fraud related activity in connection with computers

• (a) Whoever-
  1. knowingly accesses a computer without authorization or exceeds authorized access, and by means of such conduct obtains information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y[(y)][.] of section 11 of the Atomic Energy Act of 1954 [42 USCS @ 2014(y)], with the intent or reason to believe that such information so obtained is to be used to the injury of the United States, or to the advantage of any foreign nation;
     
  2. intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
     
  3. intentionally, without authorization to access any computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects the use of the Government's operation of such computer;
     
  4. knowingly and with intent to defraud, accesses a Federal interest computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer;
     
  5. intentionally accesses a Federal interest computer without authorization, and by means of one or more instances of such conduct alters, damages, or destroys information in any such Federal interest computer, or prevents authorized use of any such computer or information, and thereby-
     • (A) causes loss to one or more others of a value aggregating $ 1,000 or more during any one year period; or
       
     • B) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more individuals; or
       
  6. knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if-
     • (A) such trafficking affects interstate or foreign commerce; or
       
     • (B) such computer is used by or for the Government of the United States; shall be punished as provided in subsection (c) of this section.
       
• (b) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.
  
• (c) The punishment for an offense under subsection (a) or (b) of this section is-

  1. (A) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and
     

     (B) a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under such subsection; or an attempt to commit an offense punishable underthis subparagraph; and
     

  2. (A) a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which does not occur after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and
     

     (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and
     

  3. (A) a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(5) of this section which does not occur after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and
     

     (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4) or (a)(5) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph.
     

• (d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.
• (e) As used in this section-
  1. the term "computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;
     
  2. the term "Federal interest computer" means a computer -
     • (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects the use of the financial institution's operation or the Government's operation of such computer; or
       
     • (B) which is one of two or more computers used in committing the offense, not all of which are located in the same State;
       
  3. the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;
     
  4. the term "financial institution" means-
     • (A) an institution, with deposits insured by the Federal Deposit Insurance Corporation;
       
     • (B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;
       
     • (C) a credit union with accounts insured by the National Credit Union Administration;
       
     • (D) a member of the Federal home loan bank system and any home loan bank;
       
     • (E) any institution of the Farm Credit System under the Farm Credit Act of 1971;
       
     • (F) a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;
       
     • (G) the Securities Investor Protection Corporation;
       
     • (H) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978 [12 USCS @ 3101(1), (3)]); and
       
     • (I) an organization operating under section 25 or section 25(a) of the Federal Reserve Act.
       
  5. the term "financial record" means information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution;
     
  6. the term "exceeds authorized access" means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter; and
     
  7. the term "department of the United States" means the legislative or judicial branch of the Government or one of the executive department enumerated in section 101 of title 5.
     
• (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.
  

HISTORY: (Added Oct. 12, 1984, P.L. 98-473, Title II, Ch XXI, @ 2102(a), 98 Stat. 2190; Oct. 16, 1986, P.L. 99-474, @ 2, 100 Stat. 1213; Nov. 18, 1988, P.L. 100-690, Title VII, Subtitle B, @ 7065, 102 Stat. 4404; As amended Aug. 9, 1989, P.L. 101-73, Title IX, Subtitle F, @ 962(a)(5), 103 Stat. 502; Nov. 29, 1990, P.L. 101-647, Title XII, @ 1205(e), Title XXV, Subtitle I, @ 2597(j), Title XXXV, @ 3533, 104 Stat. 4831, 4910, 4925.)

The following amendment, passed on September 13, 1994 as part of the Violent Crime Control Act (PL103-322), changed portions of Title 18 USC sec 1030 text (cited on the previous two pages).