2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 76 - Computer Offenses
7601 - Definitions.

                                CHAPTER 76
                            COMPUTER OFFENSES

     Subchapter
        A.  General Provisions
        B.  Hacking and Similar Offenses
        C.  Internet Child Pornography
        D.  Unlawful Use of Computers
        E.  Electronic Mail

        Enactment.  Chapter 76 was added December 16, 2002, P.L.1953,
     No.226, effective in 60 days.
        Cross References.  Chapter 76 is referred to in section 3575
     of Title 42 (Judiciary and Judicial Procedure).

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     7601.  Definitions.
     7602.  Jurisdiction.
     7603.  Restitution.
     7604.  Concurrent jurisdiction.
     7605.  Defense.
     7606.  Construction.
     § 7601.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Access."  To intercept, instruct, communicate with, store
     data in, retrieve data from or otherwise make use of any
     resources of a computer, computer system, computer network or
     database.
        "Computer."  An electronic, magnetic, optical, hydraulic,
     organic or other high-speed data processing device or system
     which performs logic, arithmetic or memory functions and
     includes all input, output, processing, storage, software or
     communication facilities which are connected or related to the
     device in a system or network.
        "Computer data."  A 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 and may be in any form, whether readable only by a
     computer or only by a human or by either, including, but not
     limited to, computer printouts, magnetic storage media, punched
     card or stored internally in the memory of the computer.
        "Computer network."  The interconnection of two or more
     computers through the usage of satellite, microwave, line or
     other communication medium.
        "Computer operation."  Arithmetic, logical, monitoring,
     storage or retrieval functions and any combination thereof,
     including, but not limited to, communication with, storage of
     data to or retrieval of data from any device or human hand
     manipulation of electronic or magnetic impulses. In reference to
     a particular computer, the term also includes any function for
     which that computer was generally designed.
        "Computer program."  An ordered set of instructions or
     statements and related data that, when automatically executed in
     actual or modified form in a computer system, causes it to
     perform specified functions.
        "Computer software."  A set of computer programs, procedures
     or associated documentation concerned with the operation of a
     computer system.
        "Computer system."  A set of related, connected or
     unconnected computer equipment, devices and software.
        "Computer virus."  A computer program copied to, created on
     or installed to a computer, computer network, computer program,
     computer software or computer system without the informed
     consent of the owner of the computer, computer network, computer
     program, computer software or computer system that may replicate
     itself and that causes or can cause unauthorized activities
     within or by the computer, computer network, computer program,
     computer software or computer system.
        "Database."  A representation of information, knowledge,
     facts, concepts or instructions which are being prepared or
     processed or have been prepared or processed in a formalized
     manner and are intended for use in a computer, computer system
     or computer network, including, but not limited to, computer
     printouts, magnetic storage media, punched cards or data stored
     internally in the memory of the computer.
        "Denial-of-service attack."  An explicit attempt to prevent
     legitimate users of a service from using that service,
     including, but not limited to:
            (1)  flooding a network, thereby preventing legitimate
        network traffic;
            (2)  disrupting connections between two computers,
        thereby preventing access to a service;
            (3)  preventing a particular person from accessing a
        service; or
            (4)  disrupting service to a specific computer system or
        person.
        "Deprive."  To withhold property of another permanently or
     for so extended a period as to appropriate a major portion of
     its economic value, or with intent to restore only upon payment
     of reward or other compensation, or to dispose of the property
     so as to make it unlikely that the owner will recover it.
        "Economic value."  The market value of property or an
     instrument which creates, releases, discharges or otherwise
     affects a valuable legal right, privilege or obligation at the
     time and place of the crime or, if such cannot be satisfactorily
     ascertained, the cost of replacement of the property or
     instrument within a reasonable time after the crime.
        "Electronic mail service provider."  A person who is an
     intermediary in sending or receiving electronic mail or who
     provides to end-users of electronic mail services the ability to
     send or receive electronic mail.
        "Electronic mail transmission information."  Information used
     to identify the origin or destination of a transmission or to
     aid in its routing, including information recorded as part of
     electronic mail whether or not such information is displayed
     initially to the user upon receipt of electronic mail, that
     purports to represent the information used to identify the
     origin or destination of a transmission or to aid in its
     routing.
        "Established business relationship."  A prior or existing
     relationship formed by a voluntary two-way communication
     initiated by a person or entity and a recipient with or without
     an exchange of consideration, on the basis of an inquiry,
     application purchase or transaction by the recipient regarding
     products or services offered by such persons or entity. In
     regard to an inquiry, the person or entity shall obtain the
     consent of a recipient beyond the initial inquiry. An
     established business relationship does not exist if the
     recipient requests to be removed from the distribution lists of
     an initiator.
        "Fax."  The transmission of the facsimile of a document
     through a connection with a telephone or computer network.
        "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 computer system representation thereof.
        "Internet service provider."  A person who furnishes a
     service that enables users to access content, information,
     electronic mail or other services offered over the Internet.
        "Person."  Any individual, corporation, partnership,
     association, organization or entity capable of holding a legal
     or beneficial interest in property.
        "Property."  Includes, but is not limited to, financial
     instruments, computer software and programs in either machine or
     human readable form, and anything of value, tangible or
     intangible.
        "Telecommunication device."  Any type of instrument, device,
     machine or equipment which is capable of transmitting,
     acquiring, decrypting or receiving any telephonic, electronic,
     data, Internet access, audio, video, microwave or radio
     transmissions, signals, communications or services, including
     the receipt, acquisition, transmission or decryption of all such
     communications, transmissions, signals or services over any
     cable television, telephone, satellite, microwave, radio or
     wireless distribution system or facility, or any part, accessory
     or component thereof, including any computer circuit, security
     module, smart card, software, computer chip, electronic
     mechanism or other component, accessory or part which is capable
     of facilitating the transmission, decryption, acquisition or
     reception of all such communications transmissions, signals or
     services.
        "Wireless advertisement."  The initiation of a telephone call
     or a message capable of providing text, graphic or image
     messages by a commercial mobile service provider, unlicensed
     wireless services provider or common carrier wireless exchange
     access service provider for the purpose of marketing goods or
     services. The term does not include a call or message to a
     person with that person's prior express invitation or permission
     or to a person with whom the caller has an established business
     relationship.
        "World Wide Web."  Includes, but is not limited to, a
     computer server-based file archive accessible over the Internet,
     using a hypertext transfer protocol, file transfer protocol or
     other similar protocols.