RS 14:73.1

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RS 14:73.1

SUBPART D. COMPUTER RELATED CRIME

§73.1. Definitions

As used in this Subpart unless the context clearly indicates otherwise:

(1)"Access" means to program, to execute programs on, to communicate with, store data in, retrieve data from, or otherwise make use of any resources, including data or programs, of a computer, computer system, or computer network.

(2)"Computer" includes an electronic, magnetic, optical, or other high-speed data processing device or system performing logical, arithmetic, and storage functions, and includes any property, data storage facility, or communications facility directly related to or operating in conjunction with such device or system. "Computer" shall not include an automated typewriter or typesetter, a machine designed solely for word processing, or a portable hand-held calculator, nor shall "computer" include 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.

(3)"Computer network" means a set of related, remotely connected devices and communication facilities including at least one computer system with capability to transmit data through communication facilities.

(4)"Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.

(5)"Computer services" means providing access to or service or data from a computer, a computer system, or a computer network, and also includes but is not limited to data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith.

(6)"Computer software" means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system.

(7)"Computer system" means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software.

(8)"Electronic mail service provider" means any person who both:

(a)Is an intermediary in sending or receiving electronic mail.

(b)Provides to end-users of electronic mail services the ability to send or receive electronic mail.

(9)"Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, access card as defined in R.S. 14:67.3, or marketable security.

(10)"Intellectual property" includes data, computer programs, computer software, trade secrets as defined in R.S. 51:1431, copyrighted materials, and confidential or proprietary information, in any form or medium, when such is stored in, produced by, or intended for use or storage with or in a computer, a computer system, or a computer network.

(11)"Internet, virtual, street-level map" means any map or image that contains the picture or pictures of homes, buildings, or people that are taken and dispensed, electronically, over the internet or by a computer network, where the picture can be accessed by entering the address of the home, building, or person.

(12)"Internet-connected device" means a physical object to which both of the following apply:

(a)Is capable of connecting to, and is in regular connection with, the internet.

(b)Has computer processing capabilities that can collect, send, or receive data.

(13)"Proper means" includes:

(a)Discovery by independent invention.

(b)Discovery by "reverse engineering", that is by starting with the known product and working backward to find the method by which it was developed. The acquisition of the known product must be by lawful means.

(c)Discovery under license or authority of the owner.

(d)Observation of the property in public use or on public display.

(e)Discovery in published literature.

(14)"Property" means property as defined in R.S. 14:2(A) and shall specifically include but not be limited to financial instruments, electronically stored or produced data, and computer programs, whether in machine readable or human readable form.

(15)"Unsolicited bulk electronic mail" means any electronic message which is developed and distributed in an effort to sell or lease consumer goods or services and is sent in the same or substantially similar form to more than one thousand recipients.

Acts 1984, No. 711, §1; Acts 1999, No. 1180, §1; Acts 2010, No. 62, §1; Acts 2019, No. 292, §1.