Computer Information Piracy Act Exposed

The Computer Information Piracy Act does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Section 1. General Definitions

A. “Crime” means one of the following offenses in connection with which the forfeiture of property is sought: (Insert Appropriate State Statute(s)}

B. “Instrumentality of a Crime” means any property, other than real property, the use of which contributes directly and materially to the commission of a crime.

C. “Person” means an individual, corporation, partnership, or other business entity, or an unincorporated or voluntary association.

D. “Proceeds of:a Crime” means any property obtained through the commission of a crime, including any appreciation in the value of the property.

E. ‘Security Interest” means any interest in real or personal property that secured payment or performance of an obligation.

F. “Substituted Proceeds of a Crime” means any property obtained or any gain realized by the sale or exchange of proceeds of a crime.

Section 2. Specific Definitions

A. “Access” means to instruct, communicate with, store data in, retrieve, or intercept data from, or otherwise use the resources of a computer program, computer system, or computer network.

B. “Aggregate Amount” means any direct or indirect loss incurred by a victim including but not limited to, the value of any money, property or service lost, stolen, or rendered unrecoverable by the offense, or any actual expenditure incurred by the victim to verify that a computer program, computer, computer system, or computer network was not altered, acquired, damaged, deleted, disrupted, or destroyed by the access.

C. “Computer” means any connected, directly interoperable, or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.

D. “Computer Network” means the interconnection of hardwire or wireless communication lines with a computer, through remote terminals, or a complex consisting OS two or more interconnected computers.

E. “Computer Program” means a series of internal or external instructions communicated in a form acceptable to a computer that directs the function of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.

F. “Computer System” means a set of related, connected, or unconnected computer equipment, devices, software or hardware.

G. “Device” includes but is not limited to an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the~manipulation of electronic, magnetic or other impulses.

H. “Property” includes but is not limited to, intellectual property, computer data, instructions or programs in either machine or human readable form, financial instruments or information, medical information, restricted personal information or any other tangible or intangible item of value.

I. “Services” includes but is not limited to, computer time, data processing, storage functions, computer memory, or the unauthorized use of a computer program, computer, computer system, or computer network, or communications facilities connected or related to a computer, computer system or computer network.

Section 3.

A person shall not intentionally access or cause access to bc made to a computer program, computer, computer system, or computer network to devise or execute a scheme with the intent to defraud or to obtain money, property or a service by a false or fraudulent pretense. representation or promise.

Section 4.

A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:

A. Access or cause access to be made to a computer program, computer, computer system or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.

B. Insert. attach or knowingly create the opportunity for an unknowing or unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network. This section does not prohibit conduct protected under (Insert Appropriate Clause of State Constitution/ or under the first amendment to the Constitution of the United States.

Section 5.

I. A person who violated this Act is guilty of a crime as follows:

A. If the violation involves an aggregate amount of less that 5200 the person is guilty of a misdemeanor punishable by community service or imprisonment for not more than {Insert Number,of Days in Applicable State Misdemeanor Statute} days or a fine of not more $500 or three times the aggregate amount, whichever is greater, or any combination of community service, imprisonment, or fine.

B. If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment, for not more than one year or a fine of not more than $2000 or three times the aggregate amount, whichever is greater, or both imprisonment and a fine:

1. The violation involves an aggregate amount of $200 or more, but less than $1000.

2. The person violates this act and has a prior conviction for committing or attempting lo commit a violation of this act.

C. If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $10,000 or three times the aggregate amount, whichever is greater, or both imprisonment and a fine:

1. The violation involves an aggregate amount of $1,000 or more but less than $20,000.

2. The person violates this act and has two prior convictions for violating this act.

D. If any of the following apply, the person is guilty of a felony punishable by imprisonment for not mom than 10 years, or a fine of not more than three times the aggregate amount, or both imprisonment and a fine:

1. The violation involves an aggregate amount of $20,000 or more.

2. The person violates this act and has three or more convictions for violating this act.

II. If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having a prior conviction, the prosecuting attorney shall include on the complaint and information a statement listing that prior conviction. The existence of the defendant’s prior conviction shall be determined by the court, without a jury, at sentencing. The existence of a prior conviction may b&established by any evidence relevant for that including but not limited to one or more of the following:

A. A copy of the judgement or conviction.

B. A transcript of a prior trial, plea taking, or sentencing

C. Information contained in a presentence report.

D. The defendant’s statement.

III. It is a rebuttable presumption that the person did not have authorization from the owner, system operator, or other person who has authority from the owner or system operator to grant permission to access the computer program, computer, computer system, or computer network or has exceeded authorization unless one or more of the following circumstances existed at the time of access:

A. Written or oral permission was granted by the owner, system operator, or other person who has authority from the owner or system operator to grant permission of the accessed computer program, computer, computer system or computer network.

B. The accessed computer program, computer, computer system or computer network had a pre-programmed access procedure that would display a warning banner, bulletin or command or other message before access was achieved that a reasonable person would believe identified the computer program, computer, computer system or computer network as within the public domain.

C. Access was achieved without the use of a set of instructions, code, or computer program that bypasses, defrauds, or otherwise circumvents the pre-programmed access procedure for the computer program, computer, computer system, or computer network.

Section 6.

A person shall not use a computer program, computer, computer system, or computer network to commit a crime.

If a person uses a computer program, computer, computer system, or computer network to commit a crime, then that person’s sentence may be enhanced by {Insert applicable state enhancement penalty]

Section 7. Jurisdiction

If a person violates this Act by accessing or causing access to be made to a computer, computer program, computer system. or computer network in one jurisdiction from another jurisdiction, the offense may be prosecuted in either jurisdiction.

ENDNOTES

1. In states where there are eavesdropping laws to obtain court orders for electronic surveillance, these laws should be added to the list of “designated offenses.” Similarly, states that have racketeering laws should include these crimes as a “predicate offense” for their RICO laws. The role of organized crime is inextricably interwoven into these illicit activities. Specifically, the clone phone is the communications tool of choice for today’s criminal entrepreneur.

Accordingly, eavesdropping and racketeering strategies are critically important to the prosecutor’s arsenal of containment tools. These amendments can be easily proposed and viewed as conforming legislation.

2. ALEC recommends and invites state and local law enforcement agencies to work with the private sector and make this issue a law enforcement priority.

[1]Some states permit identical sanctions for “access” and “attempted access.” If your state permits identical sanctions, this statute shall apply, If not, you may wish to create a separate section to delineate penalties for “attempted access.”

[2]“Cause is the preferred term. It prevents social engineering and protects innocent parties.