18.2-152.2 - Definitions; computer crimes.
§ 18.2-152.2. Definitions; computer crimes.
For purposes of this article:
"Commercial electronic mail" means electronic mail, the primary purpose ofwhich is the advertisement or promotion of a commercial product or service.
"Computer" means a device that accepts information in digital or similarform and manipulates it for a result based on a sequence of instructions.Such term does not include simple calculators, automated typewriters,facsimile machines, or any other specialized computing devices that arepreprogrammed to perform a narrow range of functions with minimal end-user oroperator intervention and are dedicated to a specific task.
"Computer data" means any representation of information, knowledge, facts,concepts, or instructions which is being prepared or has been prepared and isintended to be processed, is being processed, or has been processed in acomputer or computer network. "Computer data" may be in any form, whetherreadable only by a computer or only by a human or by either, including, butnot limited to, computer printouts, magnetic storage media, punched cards, orstored internally in the memory of the computer.
"Computer network" means two or more computers connected by a network.
"Computer operation" means arithmetic, logical, monitoring, storage orretrieval functions and any combination thereof, and includes, but is notlimited to, communication with, storage of data to, or retrieval of data fromany device or human hand manipulation of electronic or magnetic impulses. A"computer operation" for a particular computer may also be any function forwhich that computer was generally designed.
"Computer program" means an ordered set of data representing codedinstructions or statements that, when executed by a computer, causes thecomputer to perform one or more computer operations.
"Computer services" means computer time or services, including dataprocessing services, Internet services, electronic mail services, electronicmessage services, or information or data stored in connection therewith.
"Computer software" means a set of computer programs, procedures andassociated documentation concerned with computer data or with the operationof a computer, computer program, or computer network.
"Electronic mail service provider" (EMSP) means any person who (i) is anintermediary in sending or receiving electronic mail and (ii) provides toend-users of electronic mail services the ability to send or receiveelectronic mail.
"Financial instrument" includes, but is not limited to, any check, draft,warrant, money order, note, certificate of deposit, letter of credit, bill ofexchange, credit or debit card, transaction authorization mechanism,marketable security, or any computerized representation thereof.
"Network" means any combination of digital transmission facilities andpacket switches, routers, and similar equipment interconnected to enable theexchange of computer data.
"Owner" means an owner or lessee of a computer or a computer network or anowner, lessee, or licensee of computer data, computer programs or computersoftware.
"Person" shall include any individual, partnership, association,corporation or joint venture.
"Property" shall include:
1. Real property;
2. Computers and computer networks;
3. Financial instruments, computer data, computer programs, computer softwareand 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 anydevices which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a computeror by a human; and
4. Computer services.
"Spam" means unsolicited commercial electronic mail. Spam shall not includecommercial electronic mail transmitted to a recipient with whom the senderhas an existing business or personal relationship.
A person "uses" a computer or computer network when he attempts to causeor causes a computer or computer network to perform or to stop performingcomputer operations.
A person is "without authority" when he knows or reasonably should knowthat he has no right, agreement, or permission or acts in a manner knowinglyexceeding such right, agreement, or permission.
(1984, c. 751; 1999, cc. 886, 904, 905; 2000, c. 627; 2003, cc. 987, 1016;2005, cc. 761, 812, 827; 2009, cc. 321, 376; 2010, c. 489.)