00                            HOUSE BILL NO. 258                                                                          
01 "An Act relating to criminal use of a computer."                                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 11.46.740(a) is amended to read:                                                                   
04            (a)  A person commits the offense of criminal use of a computer if, having no                                
05       right to do so or any reasonable ground to believe the person has such a right, the                               
06       person knowingly                                                                                                  
07                 (1)  accesses, causes to be accessed, or exceeds the person's authorized                            
08       access to a computer, computer system, computer program, computer network, or any                                 
09       part of a computer system or network, and, as a result of or in the course of that                                
10       access,                                                                                                           
11                      (A) [(1)]  obtains information concerning a person;                                            
12                      (B) [(2)]  introduces false information into a computer,                                       
13            computer system, computer program, or computer network with the intent to                                    
14            damage or enhance the data record or the financial reputation of a person;                                   
15                      (C) [(3)]  introduces false information into a computer,                                       

01            computer system, computer program, or computer network and, with criminal                                    
02            negligence, damages or enhances the data record or the financial reputation of                               
03            a person;                                                                                                    
04                      (D) [(4)]  obtains proprietary information of another person;                                  
05                      (E) [(5)]  obtains information that is only available to the public                            
06            for a fee;                                                                                                   
07                      (F) [(6)]  introduces instructions, a computer program, or other                               
08            information that tampers with, disrupts, disables, or destroys a computer,                                   
09            computer system, computer program, computer network, or any part of a                                        
10            computer system or network; or                                                                               
11                      (G) [(7)]  encrypts or decrypts data; or                                                   
12                 (2)  installs on a computer a keystroke logger or other device or                                   
13       program that has the ability to record another person's keystrokes or entries or                              
14       enables on a computer a keystroke logger or other device or program that has the                              
15       ability to record another person's keystrokes or entries when those keystrokes or                             
16       entries are transmitted wirelessly or by other nonwired means.                                                
17    * Sec. 2. AS 11.46.740 is amended by adding a new subsection to read:                                              
18            (d)  In a prosecution under (a)(2) of this section, it is an affirmative defense                             
19       that the person installing or enabling the keystroke logger or other device or program                            
20       owned the computer on which the device was installed or enabled.