397.602 Definitions.

557 words·~3 min read·/mi/chapter-397/397-602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2.

As used in this act:

(a)"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, and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.

(b)"Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.

(c)"Computer program" means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning 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.

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

(e)"Crime" means that term as defined in section 5 of the Michigan penal code, 1931 PA 328, MCL 750.5.

(f)"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.

(g)"Harmful to minors" means that term as defined in section 4 of 1978 PA 33, MCL 722.674.

(h)"Internet" means that term as defined in 47 USC 230.

(i)"Law enforcement officer" means an individual licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

(j)"Library" means a library that is established by this state or by a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities, a community college district, or a college or university, or a private library open to the public.

(k)"Library record" means a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron's name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a library. Library record does not include either of the following:

(i)Nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general.

(ii)Recorded video surveillance images made solely for security purposes that do not include images of any activity or any other document or record that identifies a person as having requested or lawfully obtained specific services, materials, or information resources from a library.

(l)"Minor" means an individual who is less than 18 years of age.

(m)"Obscene" means that term as defined in section 2 of 1984 PA 343, MCL 752.362.

(n)"Sexually explicit matter" means that term as defined in section 3 of 1978 PA 33, MCL 722.673.

(o)"Terminal" means a device used to access the internet or a computer, computer program, computer network, or computer system.

History: 1982, Act 455, Eff. Mar. 30, 1983 ;-- Am. 1998, Act 7 , Imd. Eff. Feb. 6, 1998 ;-- Am. 1999, Act 37 , Eff. Aug. 1, 1999 ;-- Am. 2020, Act 315 , Eff. Mar. 29, 2021