(a)  It shall be unlawful for any person to use a computer or computer network without authority and with the intent to:

(1)  Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network;

(2)  Cause a computer to malfunction regardless of how long the malfunction persists;

(3)  Alter or erase any computer data, computer programs, or computer software;

(4)  Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;

(5)  Cause physical injury to the property of another;

(6)  Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;

(7)  Forge e-mail header information or other Internet routine information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers; or

(8)  To sell, give or otherwise distribute or possess with the intent to sell, give or distribute software which is designed to facilitate or enable the forgery of electronic mail header information or other Internet routing information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers.

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Terms Used In Rhode Island General Laws 11-52-4.1

  • computer: includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve or communicate computer programs, computer data or the results of computer operations to or from a person, another computer or another device. See Rhode Island General Laws 11-52-1
  • Computer data: means any representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared and is intended to be processed, is being processed, or has been processed in a computer or computer network. See Rhode Island General Laws 11-52-1
  • Computer network: means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through the communications facilities. See Rhode Island General Laws 11-52-1
  • Computer services: includes computer time or services, data processing services, Internet service providers' networks and facilities located in the state or information or data stored in connection with them. See Rhode Island General Laws 11-52-1
  • Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer program or computer network. See Rhode Island General Laws 11-52-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Data: means any representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored or have been entered, processed, or stored in a computer, computer system, or computer network. See Rhode Island General Laws 11-52-1
  • Electronic mail service provider: means any business or organization qualified to do business in the state of Rhode Island that provides registered users the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail. See Rhode Island General Laws 11-52-1
  • Financial instrument: includes , but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card transaction authorization mechanism, marketable security, or any computerized representation of any of these. See Rhode Island General Laws 11-52-1
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Person: shall include any individual, partnership, association, corporation or joint venture. See Rhode Island General Laws 11-52-1
  • Property: includes , but is not limited to:

    (i)  Real property;

    (ii)  Computers and computer networks;

    (iii)  Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:

    (A)  Tangible or intangible;

    (B)  In a format readable by humans or by a computer;

    (C)  In transit between computers or within a computer network or between any devices which comprise a computer; or

    (D)  Located on any paper or in any device on which it is stored by a computer or by a human; and

    (E)  Computer services. See Rhode Island General Laws 11-52-1

(b)  Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a Rhode Island-based electronic mail service provider to prevent the transmission of unsolicited bulk electronic mail in violation of this chapter. Whoever violates this section shall be guilty of a felony and shall be subject to the penalties set forth in § 11-52-2. If the value is five hundred dollars ($500) or less, then the person shall be guilty of a misdemeanor and may be punishable by imprisonment for a term not exceeding one year or by a fine of not more than one thousand dollars ($1,000) or both.

History of Section.
P.L. 1999, ch. 421, § 2; P.L. 2006, ch. 373, § 1; P.L. 2006, ch. 461, § 1.