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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
perform 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 have 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 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;
(9) "Effective consent" means consent by a person legally authorized 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,
(11)
(12)
(13)
(14)
(15)
marketable security, or any electronic representation thereof;
"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;
"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;
"Owner" means a person who has title, license, or other lawful possession 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;
"Property" includes but is not limited to intellectual property, financial
instruments, 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
"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.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 350, sec. 1, effective July 15, 2002. -Created 1984 Ky. Acts ch. 210, sec. 1, effective July 13, 1984.
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