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Law May Restrict Computer Crimes

Bill Would Make Prosecution Easier

BOSTON-A state lawmaker introduced legislation to crack down on computer crime at a Beacon Hill press conference Yesterday.

The "Computer Crimes" bill, proposed by state senator Cheryl A. Jacques (D-Norfolk), outlaws certain computer activities and makes it easier for law enforcement officials to prosecute "computer criminals."

The announcement comes just days after an MIT student was indicted for violation of federal electronic copyright laws, but Jacques emphasized that there was no connection between the MIT case and the timing and content of this proposal.

"The proliferation of computers in everyday life has led to a whole new area of criminal behavior that the law enforcement community has very few tools to fight," Jacques said on the steps of the State House grand staircase.

"The computer crimes bill is a cutting-edge piece of legislation to deal with a very modern problem," said Jacques. "As a criminal prosecutor, I saw first-hand the inadequacy of current statutes in dealing with computer crimes."

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Massachusetts lags behind almost every state in the nation in the number and scope of its computer-crime laws. Currently, only Vermont has fewer regulations pertaining to computer use.

The proposed law:

Makes it a crime to use a computer system without authorization.

Makes it a crime to use, obtain or tamper with computer services without authorization.

adds electronically processed data to thevandalism statute so that vandalism of such datawill be a crime.

allows duplicate computer data files orprograms to be admissible into evidence at atrial.

Amends a statute so that a computer crime maybe prosecuted either in the county where thedefendant is located at the time of an incident,or where the electronic data in question islocated.

"This bill is a major step forward in bringingthe laws of the Commonwealth into the informationage," said Mitchell Kertzman, the president of theMassachusetts Software Council. "It is animportant measure towards modernizing the criminallaws in this area."

There are currently no criminal laws inMassachusetts specifically targeted towardscombating crimes committed by computer orinvolving computers, according to Jacques.

Sally Greenberg, an official of theMassachusetts Civil Rights Counsel, said thespecific regulations in the proposal will notinfringe on computer users' civil liberties.

"It's important that people know if what theydo is in violation of the law," Greenberg said.

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