HB-5043, As Passed House, October 27, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5043

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 540 (MCL 750.540).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 540.  Cutting, tapping, using, etc., telephone or

telegraph wires, etc.—Any person who shall wilfully and maliciously

cut, break, tap or make any connection with, or read, or copy, by

the use of telegraph or telephone instruments, or otherwise, in any

unauthorized manner, any message, either social or business,

sporting, commercial or other news reports, from any telegraph or

telephone line, wire or cable so unlawfully cut or tapped in this

state; or make unauthorized use of the same, or who shall wilfully

and maliciously prevent, obstruct or delay by any means or

contrivance whatsoever the sending, conveyance or delivery, in this

House Bill No. 5043 (H-1) as amended October 26, 2005

state, of any authorized communication, sporting, commercial or

other news reports, by or through any telegraph or telephone line,

cable or wire under the control of any telegraph or telephone

company doing business in this state, or who shall wilfully and

maliciously aid, agree with, employ, or conspire with any other

person or persons to do any of the aforementioned unlawful acts,

shall be guilty of a misdemeanor, punishable by imprisonment in the

state prison not more than 2 years, or by a fine of not more than

1,000 dollars.

     (1) A person shall not willfully and maliciously cut, break,

disconnect, interrupt, tap, or make any unauthorized connection

with any electronic medium of communication, including the internet

or a computer, computer program, computer system, or computer

network, or a telephone.  [This subsection does not apply to an

individual who owns the electronic medium of communication unless the electronic medium of communication is being used by an individual to report a crime, to report the illness of or injury to any person, or to report domestic violence as that term is defined in section 1 of 1978 PA 389, MCL 400.1501.]

     (2) A person shall not willfully and maliciously read or copy

any message from any telegraph, telephone line, wire, cable,

computer network, computer program, or computer system, or

telephone or other electronic medium of communication that the

person accessed without authorization.

     (3) A person shall not willfully and maliciously make

unauthorized use of any electronic medium of communication,

including the internet or a computer, computer program, computer

system, or computer network, or telephone.

     (4) A person shall not willfully and maliciously prevent,

obstruct, or delay by any means whatsoever the sending, conveyance,

or delivery of any authorized communication, by or through any

telegraph or telephone line, cable, wire, or any electronic medium

of communication, including the internet or a computer, computer

program, computer system, or computer network.

     (5) A person who violates this section is guilty of a felony

punishable by imprisonment for not more than 2 years or by a fine

of not more than $1,000.00, or both.

     (6) As used in this section:

     (a) "Computer" means any connected, directly interoperable or

interactive device, equipment, or facility that uses a computer

program or other instructions to perform specific operations

including logical, arithmetic, or memory functions with or on

computer data or a computer program and that can store, retrieve,

alter, or communicate the results of the operations to a person,

computer program, computer, computer system, or computer network.

     (b) "Computer network" means the interconnection of hardwire

or wireless communication lines with a computer through remote

terminals, or a complex consisting of 2 or more interconnected

computers.

     (c) "Computer program" means a series of internal or external

instructions communicated in a form acceptable to a computer that

directs the functioning of a computer, computer system, or computer

network in a manner designed to provide or produce products or

results from the computer, computer system, or computer network.

     (d) "Computer system" means a set of related, connected or

unconnected, computer equipment, devices, software, or hardware.

     (e) "Device" includes, but is not limited to, an electronic,

magnetic, electrochemical, biochemical, hydraulic, optical, or

organic object that performs input, output, or storage functions by

the manipulation of electronic, magnetic, or other impulses.

     (f) "Internet" means that term as defined in section 230 of

title II of the communications act of 1934, 47 USC 230, and

includes voice over internet protocol services.

     (7) This section does not prohibit a person from being charged

with, convicted of, or punished for any other violation of law

committed by that person while violating or attempting to violate

this section.

     Enacting section 1.  This amendatory act takes effect February

1, 2006.