Law / United States /
Minnesota
Minnesota computer or electronic data theft, with the definition of authorization
In force since .
A computer misuse rule binding public and private bodies.
As of .
What it requires
- Do not intentionally access, or cause to be accessed, a computer, computer system or computer network without the owner's permission or a claim of right for the purpose of obtaining services or property, which include computer time, data processing and storage functions and electronically processed or produced data.
- Do not intentionally and without authorization or claim of right copy computer software or electronic data and then use, alter, transfer, retain or publish it, and do not retain copies of it beyond your authority.
- Do not continue to access a computer beyond a limit the owner has set by actual notice given orally or in writing, by a written notice posted in a prominent location adjacent to the computer, or by a notice displayed on or announced by the computer.
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Section 609.89, subdivision 1, makes it computer or electronic data theft to intentionally and without authorization or claim of right access, or cause to be accessed, any computer, computer system, computer network or part of one for the purpose of obtaining services or property. The same subdivision reaches intentionally and without authorization or claim of right accessing or copying computer software or electronic data and then using, altering, transferring, retaining or publishing it.
It also reaches intentionally retaining copies of computer software or electronic data beyond the individual's authority. Section 609.89 has no computer-security-system element; subdivision 1 turns on access without authorization or claim of right. Section 609.87, subdivision 6, defines property to include electronically processed or produced data and information contained in a computer or computer software in either machine or human readable form.
Subdivision 7 of the same section defines services to include computer time, data processing and storage functions. Section 609.87, subdivision 2a, defines authorization to include access with the permission of the owner of the computer, computer system, computer network, computer software or other property.
The owner may limit authorization by giving the user actual notice orally or in writing, by posting a written notice in a prominent location adjacent to the computer being used, or by using a notice displayed on or announced by the computer being used.
The penalty depends on the loss to the owner, the owner's agent or lessee: up to ten years in prison or a fine of up to $50,000, or both, for a loss over $2,500, up to five years or a fine of up to $10,000, or both, for a loss of more than $500 but not more than $2,500, and up to 90 days or a fine of up to $1,000, or both, in all other cases.
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