KRS 434.840: Definitions.

For the purposes of KRS 434.840 to 434.860, the following words, including any form of

the word, and terms shall have the following meanings:

(1) "Access" means to approach, instruct, communicate with, manipulate, store data in,

retrieve or intercept data from, or otherwise make use of any resources of, a

computer, computer system, or computer network;

(2) "Computer" means any device, equipment, or facility that uses a computer program

or other instructions, stored either temporarily or permanently, to perf orm specific

operations including but not limited to logical, arithmetic, or memory functions

with or on 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;

(3) "Computer network" means an interconnection of two (2) or more devices used for

the purpose of transmitting any combination of voice, video, or data including but

not limited to bridges, routers, switches, antennas, or towers connected by hardwire

or wireless communications lines;

(4) "Computer program" means a set of instructions or statements and related data that,

when executed in actual or modified form, cause a computer, computer system, or

computer network to perform specified functions;

(5) "Computer software" means computer programs, procedures, or associated

documentation concerned with the operation of a computer, computer system, or

computer network for system control or processing of data;

(6) "Computer system " means a set of related computer equipment, devices, data,

software, or hardware that is designed to perform a specific function;

(7) "Data" means a representation of information, knowledge, facts, concepts, or

instructions which are being prepared or hav e been prepared in a formalized

manner, and is intended to be stored or processed, or is being stored or processed, or

has been stored or processed, in a computer, computer system, or computer

network;

(8) "Device" includes but is not limited to an electro nic, magnetic, electrochemical,

biochemical, hydraulic, optical, or organic object that performs input, output, or

storage functions by the manipulation of electronic, magnetic, or other impulses;

(9) "Effective consent" means consent by a person legally a uthorized to act for the

owner. Consent is not effective if it is:

(a) Induced by deception or coercion;

(b) Given by a person who the actor knows is not legally authorized to act for the

owner;

(c) Given by a person who by reason of age, mental disease or defect, or

intoxication is known by the actor to be unable to make responsible property

or data dispositions; or

(d) Used for a purpose other than that for which the consent is given;

(10) "Financial instruments" includes but is not limited to any check, draft, warrant,

money order, certificate of deposit, negotiable instrument, letter of credit, bill of

exchange, credit or debit card, transaction authorization mechanism, marketable

security, or any electronic representation thereof;

(11) "Intellectual property" includes data, text, images, sound, codes, computer

programs, software, or databases which may be in any form, including but not

limited to, computer printouts, magnetic storage media , punched cards, or which

may be stored internally in the memory of a computer;

(12) "Loss or damage" means the result of accessing, attempting to access, or causing to

be accessed, without effective consent, any computer software, computer program,

data, computer, computer system, computer network, or any part thereof, including

but not limited to theft, alteration, or destruction of data, security breaches, or

disruption of services;

(13) "Owner" means a person who has title, license, or other lawful poss ession of the

property, a person who has the right to restrict access to the property, or a person

who has a greater right to possession of the property than the actor;

(14) "Property" includes but is not limited to intellectual property, financial instrum ents,

data, computer programs, documentation associated with data, computers, computer

systems and computer programs, all in machine -readable or human -readable form,

and any tangible or intangible item of value; and

(15) "Services" includes but is not limited to the use of a computer, a computer system, a

computer network, computer software, computer program, or data to perform tasks.