MAINE COMPUTER CRIMES AND THE LAWS

Maine has several laws related to computer crimes. Here are some of the most notable ones:

1. Maine Revised Statutes Title 17-A, Section 432-A: Unauthorized Use of Property. This law makes it illegal to use another person’s computer, computer network, or computer software without their consent, to deprive them of the use of their property or obtain some benefit for themselves.
2. Maine Revised Statutes Title 17-A, Section 703: Theft by Unauthorized Taking or Transfer. This law applies to thefts committed using computers or other electronic devices. It makes it illegal to take or transfer property without the owner’s consent, to deprive them of the use of their property, or obtain some benefit for oneself.
3. Maine Revised Statutes Title 17-A, Section 801: Computer Crimes. This law makes it illegal to intentionally access a computer or computer network without authorization or over authorization, with the intent to commit a crime or to damage, modify, or destroy data computer crimes.
4. Maine Revised Statutes Title 17-A, Section 902: Aggravated Forgery. This law makes it illegal to create, use, or possess any computerized or electronic data or device with the intent to commit forgery or to aid in the commission of forgery computer crimes.
5. Maine Revised Statutes Title 17-A, Section 1002: Unlawful Dissemination of Certain Private Images. This law makes it illegal to intentionally disseminate a sexually explicit image of a person without their consent, with the intent to harass, intimidate, or harm them with computer crimes.
6. Maine Revised Statutes Title 15, Section 3103: Data Privacy Breach Notification. This law requires businesses and organizations to notify individuals if their personal information has been compromised in a data breach.

Penalties for computer crimes in Maine can range from fines to imprisonment, depending on the severity of the offense.

KEY DEFINITIONS IN MAINE’S LAW ON COMPUTER CRIMES

Here are some key definitions used in Maine’s law on computer crimes:

1. “Computer” means an electronic, magnetic, optical, hydraulic, organic, or other high-speed data processing device or system that performs logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such a device or system.
2. “Computer network” means a set of related, remotely connected devices and communication facilities including more than one computer with the capability to transmit data between them.
3. “Computer software” means a set of coded instructions or statements in a form acceptable to a computer that causes it to perform one or more particular functions.
4. “Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resource of a computer, computer network, or computer software.
5. “Authorization” means the right or privilege, granted by the owner or operator of a computer, computer network, or computer software, to access or use such resource.
6. “Without authorization” means access or use of a computer, computer network, or computer software that is not specifically granted by the owner or operator of such resource, or exceeds the scope of such grant.
7. “Exceeding authorization” means access or use of a computer, computer network, or computer software that is within the scope of authorization, but not specifically granted or intended by the owner or operator of such resource.
8. “Data” means a representation of information, knowledge, facts, concepts, or instructions that are being prepared, processed, or stored for communication, interpretation, or processing by a computer, computer network, or computer software.

These definitions are important to understand the specific language used in Maine’s computer crimes law, and to determine whether certain actions constitute criminal behavior.

FIRST CRIME: CRIMINAL INVASION OF COMPUTER PRIVACY

In Maine, the crime of Criminal Invasion of Computer Privacy is covered under Title 17-A, Section 511. This crime is committed when a person intentionally and without authorization or over authorization accesses a computer, computer system, or computer network to examine, copy, alter, damage, delete, or destroy information or data contained in it, and the information or data is of a personal or confidential nature.

This crime is considered a Class D crime, which can result in up to 364 days of imprisonment and a fine of up to $2,000. However, if the victim suffers a loss of more than $1,000, the crime is elevated to a Class C crime, which can result in up to 5 years of imprisonment and a fine of up to $5,000.

It’s worth noting that if the person has been authorized to access the computer, computer system, or computer network, but exceeds the scope of their authorization, they can still be charged with this crime. It’s important for individuals to obtain proper authorization before accessing computer systems or networks, and to use caution when accessing sensitive or confidential information to avoid committing this crime.

SECOND CRIME: AGGRAVATED CRIMINAL INVASION OF COMPUTER PRIVACY

In Maine, the crime of Aggravated Criminal Invasion of Computer Privacy is covered under Title 17-A, Section 512. This crime is a more serious offense than Criminal Invasion of Computer Privacy and is committed when a person intentionally and without authorization or over authorization accesses a computer, computer system, or computer network to obtain or attempt to obtain information or data contained in it, and the information or data is of a personal or confidential nature and is used for a commercial purpose.

This crime is considered a Class C crime, which can result in up to 5 years of imprisonment and a fine of up to $5,000. If the victim suffers a loss of more than $10,000, the crime is elevated to a Class B crime, which can result in up to 10 years of imprisonment and a fine of up to $20,000.

It’s important to note that this crime is only committed when the information or data accessed is used for a commercial purpose. This means that the person is using the information to gain a financial advantage, such as for business competition or to sell the information to others for profit.

Individuals should always obtain proper authorization before accessing computer systems or networks and should avoid accessing sensitive or confidential information for commercial purposes to avoid committing this crime.

RULES REGARDING THE DESTRUCTION OF COMPUTER DATA

In Maine, there are rules regarding the destruction of computer data that fall under Title 17-A, Section 815. This section outlines the crime of Tampering with Computer Records, which is committed when a person intentionally or knowingly destroys, damages, or alters computer data or computer programs with the intent to defraud or cause injury to another person or organization’s computer crimes.

This crime is considered a Class C crime, which can result in up to 5 years of imprisonment and a fine of up to $5,000. If the damage caused exceeds $10,000, the crime is elevated to a Class B crime, which can result in up to 10 years of imprisonment and a fine of up to $20,000 for computer crimes.

It’s important to note that this law applies not only to the intentional destruction of computer data but also to the intentional alteration or damage of computer programs. This includes malware, viruses, or other harmful programs that are designed to alter or destroy computer data or programs for computer crimes.

To avoid committing this crime, individuals should always obtain proper authorization before altering or destroying computer data or programs, and should only do so when it is necessary and legal to do so. Additionally, individuals should take appropriate measures to protect their computer systems and networks from unauthorized access, as well as from malware or other harmful programs that could cause unintentional damage to computer crimes.

RULES REGARDING PERMISSIBLE DESTRUCTION / TRANSFER OF OWNERSHIP

In Maine, there are rules regarding the permissible destruction or transfer of ownership of computer data that fall under Title 10, Chapter 219, Article 3, also known as the “Maine Uniform Electronic Transactions Act” (MUETA). MUETA provides legal recognition for electronic records and signatures and outlines rules regarding their use and storage of computer crimes.

Under MUETA, a person who has control over an electronic record or electronic signature may destroy the record or signature if it is done in the normal course of business or by a legal obligation to retain the record or signature. Additionally, a person who transfers ownership or control of an electronic record or signature to another person must make the record or signature available to the recipient in a usable format computer crimes.

It’s important to note that these rules only apply to electronic records and signatures that are created or stored in the normal course of business or for legal purposes. Additionally, there may be other laws or regulations that apply to specific types of electronic records, such as medical or financial records, that impose additional requirements or restrictions on their destruction or transfer.

To ensure compliance with these rules, individuals and organizations should have clear policies and procedures in place for the creation, storage, and destruction of electronic records and signatures, and should consult with legal or regulatory experts if there are any questions or concerns about their obligations or responsibilities.

CLASSIFICATION & POSSIBLE PUNISHMENTS

In Maine, the classification and possible punishments for computer crimes vary depending on the specific crime committed. Here are the general classifications and possible punishments for computer crimes in Maine:

1. Class D Crime: This is the lowest level of crime in Maine, and can result in up to 364 days of imprisonment and a fine of up to $2,000.
2. Class C Crime: This is a more serious offense than Class D, and can result in up to 5 years of imprisonment and a fine of up to $5,000.
3. Class B Crime: This is an even more serious offense than Class C, and can result in up to 10 years of imprisonment and a fine of up to $20,000.

Some specific computer crimes in Maine and their classifications and possible punishments include:

1. Criminal Invasion of Computer Privacy (Class D or C): Up to 364 days of imprisonment and a fine of up to $2,000 for Class D, or up to 5 years of imprisonment and a fine of up to $5,000 for Class C.
2. Aggravated Criminal Invasion of Computer Privacy (Class C or B): Up to 5 years of imprisonment and a fine of up to $5,000 for Class C, or up to 10 years of imprisonment and a fine of up to $20,000 for Class B.
3. Tampering with Computer Records (Class C or B): Up to 5 years of imprisonment and a fine of up to $5,000 for Class C, or up to 10 years of imprisonment and a fine of up to $20,000 for Class B computer crimes.

It’s important to note that these are general classifications and possible punishments and that the specific circumstances of each case will be taken into account by the court when determining the appropriate punishment. Additionally, if the victim suffers a loss of more than $1,000, $10,000, or $50,000, the crime may be elevated to a higher class, resulting in more severe punishments for computer crimes.

CYBERBULLYING IN THE STATE OF MAINE: TITLE 20-A

In the state of Maine, cyberbullying is addressed under Title 20-A, Section 1001(23)(A), which defines cyberbullying as any electronic communication that is transmitted using a computer, cellular telephone, or other device and that is intended to harass, threaten, or intimidate another person computer crimes.

Under this law, cyberbullying is prohibited in schools, and school officials are required to develop policies and procedures for preventing and responding to cyberbullying. These policies must include provisions for reporting cyberbullying incidents, investigating them, and disciplining students who engage in cyberbullying. Additionally, school officials are required to notify parents or guardians of students who are victims of cyberbullying and to take steps to prevent retaliation against them for computer crimes.

In Maine, cyberbullying is considered a violation of the school code of conduct, and students who engage in cyberbullying may be subject to disciplinary action, including suspension or expulsion. Additionally, if cyberbullying involves threats of violence or other criminal activity, it may be reported to law enforcement for further investigation of computer crimes.

It’s important to note that while Maine’s cyberbullying law specifically applies to schools, there may be other laws or regulations that apply to cyberbullying in other contexts, such as the workplace or public spaces. Additionally, cyberbullying can have serious emotional and psychological consequences for victims, and individuals who experience cyberbullying should seek support and resources to help them cope with the effects of this behavior of computer crimes.