N.Y. Penal Law § 156.00: Offenses involving computers; definition of terms

§ 156.00 Offenses involving computers; definition of terms.

The following definitions are applicable to this chapter except where

different meanings are expressly specified:

1. "Computer" means a device or group of devices which, by

manipulation of electronic, magnetic, optical or electrochemical

impulses, pursuant to a computer program, can automatically perform

arithmetic, logical, storage or retrieval operations with or on computer

data, and includes any connected or directly related device, equipment

or facility which enables such computer to store, retrieve or

communicate to or from a person, another computer or another device the

results of computer operations, computer programs or computer data.

2. "Computer program" is property and means an ordered set of data

representing coded instructions or statements that, when executed by

computer, cause the computer to process data or direct the computer to

perform one or more computer operations or both and may be in any form,

including magnetic storage media, punched cards, or stored internally in

the memory of the computer.

3. "Computer data" is property and means a representation of

information, knowledge, facts, concepts or instructions which are being

processed, or have been processed in a computer and may be in any form,

including magnetic storage media, punched cards, or stored internally in

the memory of the computer.

4. "Computer service" means any and all services provided by or

through the facilities of any computer communication system allowing the

input, output, examination, or transfer, of computer data or computer

programs from one computer to another.

5. "Computer material" is property and means any computer data or

computer program which:

(a) contains records of the medical history or medical treatment of an

identified or readily identifiable individual or individuals. This term

shall not apply to the gaining access to or duplication solely of the

medical history or medical treatment records of a person by that person

or by another specifically authorized by the person whose records are

gained access to or duplicated; or

(b) contains records maintained by the state or any political

subdivision thereof or any governmental instrumentality within the state

which contains any information concerning a person, as defined in

subdivision seven of section 10.00 of this chapter, which because of

name, number, symbol, mark or other identifier, can be used to identify

the person and which is otherwise prohibited by law from being

disclosed. This term shall not apply to the gaining access to or

duplication solely of records of a person by that person or by another

specifically authorized by the person whose records are gained access to

or duplicated; or

(c) is not and is not intended to be available to anyone other than

the person or persons rightfully in possession thereof or selected

persons having access thereto with his, her or their consent and which

accords or may accord such rightful possessors an advantage over

competitors or other persons who do not have knowledge or the benefit

thereof.

6. "Computer network" means the interconnection of hardwire or

wireless communication lines with a computer through remote terminals,

or a complex consisting of two or more interconnected computers.

7. "Access" means to instruct, communicate with, store data in,

retrieve from, or otherwise make use of any resources of a computer,

physically, directly or by electronic means.

8. "Without authorization" means to use or to access a computer,

computer service or computer network without the permission of the owner

or lessor or someone licensed or privileged by the owner or lessor where

such person knew that his or her use or access was without permission or

after actual notice to such person that such use or access was without

permission. It shall also mean the access of a computer service by a

person without permission where such person knew that such access was

without permission or after actual notice to such person, that such

access was without permission.

Proof that such person used or accessed a computer, computer service

or computer network through the knowing use of a set of instructions,

code or computer program that bypasses, defrauds or otherwise

circumvents a security measure installed or used with the user's

authorization on the computer, computer service or computer network

shall be presumptive evidence that such person used or accessed such

computer, computer service or computer network without authorization.

9. "Felony" as used in this article means any felony defined in the

laws of this state or any offense defined in the laws of any other

jurisdiction for which a sentence to a term of imprisonment in excess of

one year is authorized in this state.