July 6, 2005, Introduced by Reps. Schuitmaker, Waters, Zelenko, Whitmer, Accavitti, Byrnes, Wojno, Donigan, Alma Smith, Mortimer, Jones, Casperson, Emmons, Vander Veen, Amos, Farrah, Mayes and Clack and referred to the Committee on Judiciary.
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
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 medium of communication, including the internet or a
computer, computer program, computer system, or computer network,
or a telephone.
(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 make unauthorized use of any 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 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
misdemeanor 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.