NORTH CAROLINA GENERAL STATUTES
SECTION
14-453
As amended by Session Laws 1999-212, Senate Bill No.
288
(Approved by Governor June 25, 1999; effective December 1,
1999)
§ 14-453. Definitions
As used in this Article, unless the context clearly requires
otherwise, the following terms have the meanings specified:
(1) "Access" means to instruct, communicate with, cause
input, cause output, cause data processing, or otherwise make use of any
resources of a computer, computer system, or computer network.
(1a) "Authorization" means having the consent or permission
of the owner, or of the person licensed or authorized by the owner to grant
consent or permission to access a computer, computer system, or computer
network in a manner not exceeding the consent or permission.
(1b) "Commercial electronic mail" means messages sent and
received electronically consisting of commercial advertising material, the
principal purpose of which is to promote the for-profit sale or lease of goods
or services to the recipient.
(2) "Computer" means an internally programmed, automatic
device that performs data processing or telephone switching.
(3) "Computer network" means the interconnection of
communication systems with a computer through remote terminals, or a complex
consisting of two or more interconnected computers or telephone switching
equipment.
(4) "Computer program" means an ordered set of data that are
coded instructions or statements that when executed by a computer cause the
computer to process data.
(4a) Computer services" means computer time or services,
including data processing services, Internet services, electronic mail
services, electronic message services, or information or data stored in
connection with any of these services.
(5) "Computer software" means a set of computer programs,
procedures and associated documentation concerned with the operation of a
computer, computer system, or computer network.
(6) "Computer system" means at least one computer together
with a set of related, connected, or unconnected peripheral devices.
(6a) "Data" means a representation of information, facts,
knowledge, concepts, or instructions prepared in a formalized or other manner
and intended for use in a computer, computer system, or computer network. Data
may be embodied in any form including, but not limited to, computer printouts,
magnetic storage media, and punch cards, or may be stored internally in the
memory of a computer.
(6b) "Electronic mail service provider" means any person
who (i) is an intermediary in sending or receiving electronic mail and (ii)
provides to end users of electronic mail services the ability to send or
receive electronic mail.
(7) "Financial instrument" includes any check, draft, money
order, certificate of deposit, letter of credit, bill of exchange, credit card
or marketable security, or any electronic data processing representation
thereof.
(8) "Property" includes financial instruments, information,
including electronically processed or produced data, and computer software and
computer programs in either machine or human readable form, and any other
tangible or intangible item of value.
(8a) "Resource" includes peripheral devices, computer
software, computer programs, and data, and means to be a part of a computer,
computer system, or computer network.
(9) "Services" includes computer time, data processing and
storage functions.
(10) "Unsolicited" means not addressed to a recipient with
whom the initiator has an existing business or personal relationship and not
sent at the request of, or with the express consent of, the
recipient.
NORTH CAROLINA GENERAL STATUTES
SECTION
14-458
Added by Session Laws 1999-212, Senate Bill No. 288
(Approved by
Governor June 25, 1999; effective December 1, 1999)
§ 14-458. Computer trespass; penalty
(a) It shall be unlawful for any person to use a computer or
computer network without authority and with the intent to do any of the
following:
(1) Temporarily or permanently remove, halt, or otherwise
disable any computer data, computer programs, or computer software from a
computer or computer network.
(2) Cause a computer to malfunction, regardless of how long
the malfunction persists.
(3) Alter or erase any computer data, computer programs, or
computer software.
(4) Cause physical injury to the property of another.
(5) Make or cause to be made an unauthorized copy, in any
form, including, but not limited to, any printed or electronic form of
computer data, computer programs, or computer software residing in,
communicated by, or produced by a computer or computer network.
(6) Falsely identify with the intent to deceive or defraud
the recipient or forge commercial electronic mail transmission information or
other routing information in any manner in connection with the transmission of
unsolicited bulk commercial electronic mail through or into the computer
network of an electronic mail service provider or its subscribers.
For purposes of this subsection, a person is "without
authority" when (i) the person has no right or permission of the owner to use
a computer, or the person uses a computer in a manner exceeding the right or
permission, or (ii) the person uses a computer or computer network, or the
computer services of an electronic mail service provider to transmit
unsolicited bulk commercial electronic mail in contravention of the authority
granted by or in violation of the policies set by the electronic mail service
provider.
(b) Any person who violates this section shall be guilty of
computer trespass, which offense shall be punishable as a Class 3 misdemeanor.
If there is damage to the property of another and the damage is valued at less
than two thousand five hundred dollars ($2,500) caused by the person's act in
violation of this section, the offense shall be punished as a Class 1
misdemeanor. If there is damage to the property of another valued at two
thousand five hundred dollars ($2,500) or more caused by the person's act in
violation of this section, the offense shall be punished as a Class I felony.
(c) Any person whose property or person is injured by reason
of a violation of this section may sue for and recover any damages sustained
and the costs of the suit pursuant to G.S. 1-539.2A.
NORTH CAROLINA GENERAL STATUTES
SECTION
1-539.2A
Added by Session Laws 1999-212, Senate Bill No. 288
(Approved
by Governor June 25, 1999; effective December 1, 1999)
As amended by
Session Laws 1999-456, House Bill No. 162
(Approved by Governor August 13,
1999; effective December 1, 1999)
§ 1-539.2A. Damages for computer trespass
(a) Any person whose property or person is injured by reason
of a violation of G.S. 14-458 may sue for and recover any damages sustained
and the costs of the suit. Without limiting the general of the term, "damages"
shall include loss of profits. If the injury arises from the transmission of
unsolicited bulk commercial electronic mail, the injured person, other than an
electronic mail service provider, may also recover attorneys' fees and may
elect, in lieu of actual damages, to recover the lesser of ten dollars
($10.00) for each and every unsolicited bulk commercial electronic mail
message transmitted in violation of this section, or twenty-five thousand
dollars ($25,000) per day. The injured person shall not have a cause of action
against the electronic mail service provider which merely transmits the
unsolicited bulk commercial electronic mail over its computer network. If the
injury arises from the transmission of unsolicited bulk commercial electronic
mail, an injured electronic mail service provider may also recover attorneys'
fees and costs and may elect, in lieu of actual damages, to recover the
greater of ten dollars ($10.00) for each and every unsolicited bulk commercial
electronic mail message transmitted in violation of this section, or
twenty-five thousand dollars ($25,000) per day.
(b) A civil action under this section shall be commenced
before expiration of the time period prescribed in G.S. 1-54. In actions
alleging injury arising from the transmission of unsolicited bulk commercial
electronic mail, personal jurisdiction may be exercised pursuant to G.S.
1-75.4(13).
NORTH CAROLINA GENERAL STATUTES
SECTION
1-75.4
As amended by Session Laws 1999-212, Senate Bill No.
288
(Approved by Governor June 25, 1999; effective December 1,
1999)
§ 1-75.4. Personal jurisdiction, grounds for
generally
A court of this State having jurisdiction of the subject
matter has jurisdiction over a person served in an action pursuant to Rule
4(j), Rule 4(j1), or Rule 4(j3) of the Rules of Civil Procedure under any of
the following circumstances:
(1) Local Presence or Status. -- In any action, whether the
claim arises within or without this State, in which a claim is asserted
against a party who when service of process is made upon such party:
a. Is a natural person present within this State; or
b. Is a natural person domiciled within this State; or
c. Is a domestic corporation; or
d. Is engaged in substantial activity within this State,
whether such activity is wholly interstate, intrastate, or otherwise.
(2) Special Jurisdiction Statutes. -- In any action which may
be brought under statutes of this State that specifically confer grounds for
personal jurisdiction.
(3) Local Act or Omission. -- In any action claiming injury
to person or property or for wrongful death within or without this State
arising out of an act or omission within this State by the defendant.
(4) Local Injury; Foreign Act. -- In any action for wrongful
death occurring within this State or in any action claiming injury to person
or property within this State arising out of an act or omission outside this
State by the defendant, provided in addition that at or about the time of the
injury either:
a. Solicitation or services activities were carried on within
this State by or on behalf of the defendant; or
b. Products, materials or thing processed, serviced or
manufactured by the defendant were used or consumed, within this State in the
ordinary course of trade.; or
c. Unsolicited bulk commercial electronic mail was sent
into or within this State by the defendant using a computer, computer network,
or the computer services of an electronic mail service provider in
contravention of the authority granted by or in violation of the policies set
by the electronic mail service provider. Transmission of commercial electronic
mail from an organization to its members shall not be deemed to be unsolicited
bulk commercial electronic mail.
(5) Local Services, Goods or Contracts. -- In any action
which:
a. Arises out of a promise, made anywhere to the plaintiff or
to some third party for the plaintiff's benefit, by the defendant to perform
services within this State or to pay for services to be performed in this
State by the plaintiff; or
b. Arises out of services actually performed for the
plaintiff by the defendant within this State, or services actually performed
for the defendant by the plaintiff within this State if such performance
within this State was authorized or ratified by the defendant; or
c. Arises out of a promise, made anywhere to the plaintiff or
to some third party for the plaintiff's benefit, by the defendant to deliver
or receive within this State, or to ship from this State goods, documents of
title, or other things of value; or
d. Relates to goods, documents of title, or other things of
value shipped from this State by the plaintiff to the defendant on his order
or direction; or
e. Relates to goods, documents of title, or other things of
value actually received by the plaintiff in this State from the defendant
through a carrier without regard to where delivery to the carrier occurred.
(6) Local Property. -- In any action which arises out of:
a. A promise, made anywhere to the plaintiff or to some third
party for the plaintiff's benefit, by the defendant to create in either party
an interest in, or protect, acquire, dispose of, use, rent, own, control or
possess by either party real property situated in this State; or
b. A claim to recover for any benefit derived by the
defendant through the use, ownership, control or possession by the defendant
of tangible property situated within this State either at the time of the
first use, ownership, control or possession or at the time the action is
commenced; or
c. A claim that the defendant return, restore, or account to
the plaintiff for any asset or thing of value which was within this State at
the time the defendant acquired possession or control over it.
(7) Deficiency Judgment on Local Foreclosure or Resale. -- In
any action to recover a deficiency judgment upon an obligation secured by a
mortgage, deed of trust, conditional sale, or other security instrument
executed by the defendant or his predecessor to whose obligation the defendant
has succeeded and the deficiency is claimed either:
a. In an action in this State to foreclose such security
instrument upon real property, tangible personal property, or an intangible
represented by an indispensable instrument, situated in this State; or
b. Following sale of real or tangible personal property or an
intangible represented by an indispensable instrument in this State under a
power of sale contained in any security instrument.
(8) Director or Officer of a Domestic Corporation. -- In any
action against a defendant who is or was an officer or director of a domestic
corporation where the action arises out of the defendant's conduct as such
officer or director or out of the activities of such corporation while the
defendant held office as a director or officer.
(9) Taxes or Assessments. -- In any action for the collection
of taxes or assessments levied, assessed or otherwise imposed by a taxing
authority of this State after the date of ratification of this act.
(10) Insurance or Insurers. -- In any action which arises out
of a contract of insurance as defined in G.S. 58-1-10 made anywhere between
the plaintiff or some third party and the defendant and in addition either:
a. The plaintiff was a resident of this State when the event
occurred out of which the claim arose; or
b. The event out of which the claim arose occurred within
this State, regardless of where the plaintiff resided.
(11) Personal Representative. -- In any action against a
personal representative to enforce a claim against the deceased person
represented, whether or not the action was commenced during the lifetime of
the deceased, where one or more of the grounds stated in subdivisions (2) to
(10) of this section would have furnished a basis for jurisdiction over the
deceased had he been living.
(12) Marital Relationship. -- In any action under Chapter 50
that arises out of the marital relationship within this State, notwithstanding
subsequent departure from the State, if the other party to the marital
relationship continues to reside in this State.
