                          
                                  
                            
                                       
                                  
   
                                 - presents -
              
                     -  Legal Aspects of H/P/V and Warez  -
                                 
                              -  Compiled By  -

                              -  Admiral John  -


    DISCLAIMER: Neither I nor any members of DOMAiN are responsible for any
                damage, either direct or inconsequential, that can arise
                to either your computer and its components, or to yourself.
                This file is guaranteed only to take up hard drive space.


    I'm sure you have wondered, at one time or another, as you've sat busily
    downloading some 0-day ware or crashing someone's board, what could
    happen to you if you were caught? Well, wonder no more, because this
    file will attempt to give you an idea of what awaits you when the Fedz
    catch up to you. <G>

    Just remember, the laws and penalties described herin are based on the
    1995 Penal (huhu.. I said Penal) Code of New York State. The laws of
    your state may or may not differ.

    There are two catagories of crimes: misdemeanors and felonies.
    Felonies are broken down into classes, E to A-I, with A-1 being
    the most serious.

    Catagory                    Fine                  Imprisonment
    --------                    ----                  ------------
    B Misdemeanor               $500                  3 months
    A Misdemeanor               $1000                 1 year
    E Felony                    $5000                 3-4 years
    D Felony                    $10000                4-7 years
    C Felony                    $15000                6-15 years
    B Felony                    $30000                9-25 years
    A Felony                    $50000                Life
    A-1 Felony                  $100000               Life or Execution


    There is a whole section of the NYS Penal Code devoted to computer
    related offenses. What I will do quote the offense straight from the
    NYS Penal Code, then give a break down of the law.

    s155.05  Unauthorized use of a computer
    ---------------------------------------
    A person is guilty of unauthorized use of a computer when he
    knowingly uses or causes to be used a computer or computer service
    without authorization and the computer utilized is equipped or
    programmed with any device or coding system, a function of which is
    to prevent the unauthorized use of said computer or computer service.
    Unauthorized use of a computer is a class A misdemeanor.

    What does this mean? You hear Joe Schmoe announce his password on some
    bbs to a friend of his. You jot it down, go home, and logon under his
    account. This also can apply if you crack a password protected screen
    saver on a demo computer at a store and start fucking with it.


    s156.10  Computer Trespass
    -------------------------
    A person is guilty of computer trespass when he knowingly uses or casues
    to be used a computer or computer service without authorization and:

    1) he does so with an intent to commit or attempt to commit or further
       the commission of any felony; or
    2) he thereby knowingly gains access to computer material

    Computer trespass is a class E felony

    So, this means basically if you loged on to a BBS and began talking
    about robbing the local Software Etc. Pat yerself on the back, casue
    you've comitted computer trespass. BUT, you had to have commited the
    crime of Unauthorized use of a computer first. Tricky.

    s156.20  Computer tampering in the fourth degree
    ------------------------------------------------
    A person is guilty of computer tampering in the fourth degree when he
    uses or cauese to be used a computer or compute4r service and having
    no right to do so he intentionally alters in any manner or destroys
    computer data or a computer program of another person.
    Computer tampering in the fourth degree is a class A misdemeanor

    Okay, say you logon to your favorite BBS, decide to piss off the SysOp,
    and you hack into his system commands, change a few things around (pull
    a Hidden Agenda <G>) and logoff. Congratulations. 4th degree computer
    tampering. Same thing if you go wantonly deleting files in his DOS
    emulator.

    s156.25  Computer Tampering in the Third Degree
    -----------------------------------------------
    A person is guilty of computer tampering in the third degree when he
    commits the crime of computer tampering in the fourth degree and:

    1) he does so with an intent to commit or attempt to commit or
       further the commission ofc any felony; or
    2) he has been previously convicted of any crime under this artice or
       subdivision ten of section 165.15 of this chapter; or
    3) he intentionally alters in any manner or destroys computer material
       ;or
    4) he intentionally alters in any manner or destroys computer data in
       a computer program so as to cause damages in an aggregate amount
       exceeding $1000.

     Computer tampering in the third degree is a class e felony

     Allright. Say while you're busily destroying some board, you kill a
     program the SysOp was writting for a software publisher. Say that by
     doing that, you cost him a one thousand dollar contract. Bingo.

     s156.26  Computer Tampering in the Second Degree
     ------------------------------------------------
     A person is guilty of computer tampering in the second degree when he
     commits the crime of computer tampering in the fourth degree and he
     intentionally alters in any manner or destroys computer data or a
     computer program so as to cause damages in an aggregate amount
     exceeding $3000

     Computer tampering in the second degree is a class D felony

     What we have here is basically the same as computer tampering in the
     fourth, only you've caused more damage.

     s156.27  Computer Tampering in the First Degree
     -----------------------------------------------
     A person is guilty of computer tampering in the first degree when he
     commits the crime of computer tampering in the fourth degree and he
     intentionally alters in any manner or destroys computer data or a
     computer program so as to cause damages in an aggregate amount
     exceeding $50000

     Computer tampering in the first degree is a class C felony

     Now we're talking serious damage and serious time. One thing you should
     have noticed at this point is that each of these crimes is dependant
     on the charge of tampering in the fourth. So you can be charged with
     computer tampering in the second and in the fourth for the same crime.

     s156.30  Unlwaful Duplication of Computer Related Material
     ----------------------------------------------------------
     A person is guilty of unlawful duplication of computer related material
     when having no right to do so, he copies, reproduces or duplicates in
     any manner:

     1) any computer data or computer program and therby intentionally
        and wrongfully deprives or appropirates from an owner therof an
        economic calue or benefit in excess of $2000; or
     2) any computer or computer program with an intent to commit or
        attempt to commit or further the commission of any felony.

     Unlawful duplication of computer related material is a class E felony

     Allright, people, whenever you download something from you favorite
     warez source, this is what you're furthering the comission of. What
     happens is this:

     A courier gets ahold of some $75 retail piece of software. He sends it
     around, and 100 people download it. He has just deprived the rightful
     owner of $7500 dollars. Scarey, huh?

     s156.35  Criminal Possession of Computer Related Material
     ---------------------------------------------------------
     A person is guilty of criminal possession of computer related material
     when having no right to do so, he knowingly possesses, in any form, any
     copy, reproduction or duplicate of any computer data or computer
     program which was copied, reproduced or duplicated in violation of
     section 156.30 of this article, with the intent to benefit himself or
     a person other than the owner thereof.

     Criminal Possession of Computer Related Material is a class E felony

     While you may be hastning the comission of unlwaful duplication of
     computer related material by downloading that piece of software, you
     yourself are guilty of criminal posession of computer related material
     when you sag that hot ware.

     s156.50  Offenses Involving Computers; Defenses
     -----------------------------------------------
     In any prosecution:

     1) under section 156.05 or 156.10 of this article, it shall be a
        defense that the defendant had reasonable grounds to believe
        that he had authorization to use the computer;
     2) under section 156.20, 156.25, 156.26 or 156.27 of this article
        it shall be a defense that the defendant had reasonable grounds
        to believe that he had the right to alter in any manner or
        destroy the computer data or the computer program;
     3) under section 156.30 of this article it shall be a defense that
        the defendant had reasonable grounds to believe that he had the
        right to copy, reproduce or duplicate in any manner the computer
        data or the computer program.

     That is for your own amusement and edification, basically, just so you
     know what to do the day "They" knock at your door.

     And that is it. I also want to add I am not a lawyer, and this article
     is not to be taken as legal counsel. I am a Criminal Justice student
     with a good understanding of NYS Penal Code, from which I draw these
     conclusions.


                               About DOMAiN 

     DOMAiN is a group of 6o7 computer enthusiasts who have united under a
     common cause, that being the furthering of computer usage in general.
     We crack, code, write Renegade MOD's, write music files, text files,
     ANSi/VGA art, and whatever else we can think of. If you'd like to join
     us, either as a member, courier or support site, fill out the enclosed
     application and upload it to Jaguar's Realm (607-770-4004) under the
     handle DOMAiN and the pw DOMAiN.


                              DOMAiN Members 


                 Jaguar         Maelstrom       Admiral John

                 Asmodeus       Shadow Lord     Decis


                          DOMAiN Support Sitez 
         
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                                 Greetz 
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              And a hearty fuck ya all to all the 'jecters.

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