Law / United States / U.S. Virgin Islands

Virgin Islands Computer Crimes Act, unauthorized access and computer trespass

14 V.I.C. §§ 461, 462, 464 (Chapter 22, Computer Crimes)

In force.

A computer misuse rule binding public and private bodies.

Audit expectation
none

What it requires

  • Do not access or cause to be accessed a computer, computer system, or computer network to devise or execute a scheme to defraud, or to obtain money, property, or services by false or fraudulent pretenses, representations, or promises.no control in the NIST AI RMF
  • Do not access, without authorization and for a fraudulent or other illegal purpose, a computer, computer system, computer network, computer software, computer program, or the data it contains, to alter, damage, or destroy it.no control in the NIST AI RMF
  • Whether or not you have authority to use or access a computer or computer network, do not do so with intent to disable or alter data or programs, cause a malfunction, effect an unauthorized transfer of funds, injure property, make an unauthorized copy of computer data, or forge e-mail header or routing information to send unsolicited bulk e-mail.NIST AI RMFMAP 4.1
  • An ordinary contract or license governing access to a computer service is not overridden by this chapter; enforcement of its terms remains a separate, civil matter.

These lines are LexLint's reading of the law's text.

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, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

If you get it wrong

Criminal exposureYes

Criminal exposure note

Sections 461 and 462 each make a violation a felony, punishable as set out in section 467 of this chapter; section 467's own penalty amounts are not confirmed in the primary text available. Section 464 (computer trespass) does not itself state a penalty classification in the text available.

What it makes you log

Logging duty

Sections 461, 462 and 464 are offence provisions. Each states what a person may not do to a computer, computer system or computer network, and none requires anyone to create, keep, produce or review a log or record. Section 464(b) leaves contract and license terms, and the technical measures of a Virgin Islands e-mail service provider against bulk e-mail, untouched, which is a savings clause and not a record duty. None of the three sections contains a territorial clause.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 464 (Computer trespass) makes it unlawful to use or access a computer or computer network of another, with or without authority, with intent to disable or alter data or programs, cause a malfunction, effect an unauthorized funds transfer, injure property, make an unauthorized copy of computer data in any form, or forge e-mail routing information for unsolicited bulk mail; unlike a bare unauthorized-access standard, the offense turns on the actor's listed intent rather than on whether access itself was authorized.

Section 461 makes it a felony, punishable as set out in section 467 of the same chapter, to knowingly and intentionally access or cause to be accessed a computer, computer system, or computer network to devise or execute a scheme to defraud, to obtain money, property, or services by false or fraudulent pretenses, or to damage, destroy, alter, delete, or remove a program or data in connection with a scheme to defraud.

Section 462 separately makes it a felony, punishable as set out in section 467 of the same chapter, to intentionally access, alter, damage, or destroy a computer, computer system, computer network, computer software, computer program, or its data, without authorization and for a fraudulent or other illegal purpose.

Section 464(b) expressly preserves an ordinary contract or license governing access to a computer service as a separate, civil matter, so a terms-of-service dispute is not itself resolved by this section. No statement of the day the sections came into force has been located.

When LexLint raises it

When your app profile says your app crawls the web or sends commercial email.

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