Session of 2000
By Select Committee on Information Management

10             AN  ACT concerning the theft of computer information; authorizing a
11             civil cause of action therefor.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) Any person or business damaged in property or busi-
15       ness as a result of any of the following acts may file a civil cause of action
16       to recover compensatory and punitive damages, the cost of the suit in-
17       cluding reasonable attorney fees, and the costs of investigation and
18       litigation:
19             (1) The purposeful or knowing and unauthorized accessing of a com-
20       puter, computer system, computer network or any of its parts, to obtain
21       information by fraud, deception or other means to avoid payment for the
22       information that the actor knows is available only for compensation; or
23             (2) The purposeful or knowing and unauthorized disposition of com-
24       puter information to which the actor is not entitled including, but not
25       limited to, employment, medical, salary or other personal or financial
26       information relating to another person and personal identification num-
27       bers, passwords, codes or other confidential information about a com-
28       puter system, or network, that is intended to or does access a computer
29       system or network, which the actor diverts to such actor's own benefit or
30       the benefit of another not entitled thereto.
31             (b) The value of damage, loss, property or income involved in any
32       cause of action shall be determined by the trier of fact.
33             (c) In addition to any other action or proceeding authorized by law,
34       the attorney general, or a person or business alleging injury or loss, may
35       bring a cause of action to enjoin actions causing damage as described in
36       this act or to enjoin any acts in furtherance thereof.
37             (d) Actions brought under this act may be filed in the district court
38       of the county in which the computer which is accessed is located, or where
39       the terminal used in the accessing is situated or where the actual damage
40       occurs.
41        Sec.  2. This act shall take effect and be in force from and after its
42       publication in the Kansas register.