71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1595
 
                         House Bill 2403
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Oregon Criminal Defense Lawyers Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that accessing automated teller machine through
unauthorized use of ATM card is not computer crime.
 
                        A BILL FOR AN ACT
Relating to computer crime; amending ORS 164.377.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 164.377 is amended to read:
  164.377. (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) 'ATM card' means a card used to access an automated
teller machine.
  (c) 'Automated teller machine' has the meaning given that term
in ORS 706.005. + }
    { - (b) - }  { +  (d) + } '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) - }  { +  (e) + } '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) - }  { +  (f) + } '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) - }  { +  (g) + } 'Computer software' means, but is
not limited to, computer programs, procedures and associated
documentation concerned with the operation of a computer system.
    { - (f) - }  { +  (h) + } 'Computer system' means, but is not
limited to, a set of related, connected or unconnected, computer
equipment, devices and software. 'Computer system' also includes
any computer, device or software owned or operated by the Oregon
State Lottery or rented, owned or operated by another person or
entity under contract to or at the direction of the Oregon State
Lottery.
    { - (g) - }  { +  (i) + } '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) - }  { +  (j) + } '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) - }  { +  (k) + } '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) - }  { +  (L) + } '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) Notwithstanding subsections (2) and (4) of this
section, a person who accesses an automated teller machine
through the unauthorized use of an ATM card does not commit
computer crime. + }
    { - (5)(a) - }  { +  (6)(a) + } A violation of the provisions
of subsection (2) or (3) of this section shall be a Class C
felony. Except as provided in paragraph (b) of this subsection, a
violation of the provisions of subsection (4) of this section
shall be a Class A misdemeanor.
  (b) Any violation of this section relating to a computer,
computer network, computer program, computer software, computer
system or data owned or operated by the Oregon State Lottery or
rented, owned or operated by another person or entity under
contract to or at the direction of the Oregon State Lottery
Commission shall be a Class C felony.
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