Cybertelecom Federal Internet Law & Policy An Educational Project

Louisiana

Cybercrime

Louisiana Revised Statutes §14:73.5.  Computer fraud

A.  Computer fraud is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof with the intent to:

(1)  Defraud; or

(2)  Obtain money, property, or services by means of false or fraudulent conduct, practices, or representations, or through the fraudulent alteration, deletion, or insertion of programs or data.  

B.  Whoever commits computer fraud shall be fined not more than ten thousand dollars, or imprisoned with or without hard labor for not more than five years, or both.  

§73.7.  Computer tampering

A.  Computer tampering is the intentional commission of any of the actions enumerated in this Subsection when that action is taken knowingly and without the authorization of the owner of a computer:

(1)  Accessing or causing to be accessed a computer or any part of a computer or any program or data contained within a computer.

(2)  Copying or otherwise obtaining any program or data contained within a computer.

(3)  Damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.

(4)  Introducing or attempting to introduce any electronic information of any kind and in any form into one or more computers, either directly or indirectly, and either simultaneously or sequentially,  with the intention of damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.

B.  For purposes of this Section:

(1)  Actions which are taken without authorization include actions which intentionally exceed the limits of authorization.

(2)  If an owner of a computer has established a confidential or proprietary code which is required in order to access a computer, and that code has not been issued to a person, and that person uses that code to access that computer or to cause that computer to be accessed, that action creates a rebuttable presumption that the action was taken without authorization or intentionally exceeded the limits of authorization.

(3)  The vital services or operations of the state, or of any parish, municipality, or other local governing authority, or of any utility company are the services or operations which are necessary to protect the public health, safety, and welfare, and include but are not limited to: law enforcement; fire protection; emergency services; health care; transportation; communications; drainage; sewerage; and utilities, including water, electricity, and natural gas and other forms of energy.

C.  Whoever commits the crime of computer tampering as defined in Paragraphs (A)(1) and (2) of this Section shall be fined not more than five hundred dollars or imprisoned for not more that six months, or both.

D.  Whoever commits the crime of computer tampering as defined in Paragraphs (A)(3) and (4) of this Section shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more that five years, or both.

E.  Whoever violates the crime of computer tampering as defined in Paragraphs (A)(3) and (4) of this Section with the intention of disrupting the vital services or operations of the state, or of any parish, municipality, or other local governing authority, or of any utility company, or with the intention of causing death or great bodily harm to one or more persons, shall be fined not more than ten thousand dollars or imprisoned at hard labor for not more that fifteen years, or both.

Municipal Broadband

Lafayette. Lafayette Utility System Fiber Services: Internet, telephony, and Cable TV

• Lafayette Utilities System’s Fiber for the Future
• Lafayette Chamber of Commerce Research x

Supporters

• Lafayette Pro Fiber Webste

Opponents

• Fiber411
• BellSouth
• COX Communications

News

• Sore Losers In Lafayette? - Opponents of FTTH plan watching for missteps, Broadband Reports 5/18/2007
• Lafayette Adds Wi-Fi to FTTH Plan - Citywide wireless using Tropos gear..., Broadband Reports 5/15/2007
• Lafayette Wins Fiber Fight - State Supreme Court sees things their way..., Broadband Reports 2/23/2007
• Naquin v Lafayette, Louisiana S Ct 2/23/2007
• Lafayette Hits Another Roadblock - Proposed muni fiber bumps into 3rd Circuit Court...again, Broadband Reports 8/11/2006
• How about service instead of suits? Open Letter to Bell South CEO printed in the Daily Advertiser Jan 11, 2005 6
• Dirty tactics in the Battle of Lafayette, Louisiana, ISEN 5/10/2005
• Cities Brace for Broadband Wars, CNET May 2, 2005
• Battle of Lafayette, Louisiana: the People vs Incumbents, muni 1/7/2005
• BellSouth sues to stop Lafayette fiber project, muni 2/1/200

New Orleans

• EarthLink to shut down wireless network in New Orleans, Muni 4/29/2008
• New Orleans' Free Wi-Fi Network to Go Dark, IP Democracy 10/30/2006
• New Orleans Wi-Fi September 1 - Earthlink prepares to flip the switch, Broadband Reports 7/18/2006
• New Orleans may face Internet showdown, MSNBC 4/5/2006
• Big Easy may face showdown over Internet, Globe and Mail 4/5/2006

Shreveport

• Shreveport evaluates muni-wireless, MuniWireless 1/12/2007

• Vivian | 4200 pop | 5.2 sq mi | Fastline Internet | wifi

Law: RS 45:884.56

A. A local governing authority by a majority vote shall call an election on whether or not the local government shall provide the proposed covered services , before engaging or offering to engage in providing such services. An election held for authorization to issue bonds to finance the provision of covered services pursuant to any law of this state, and held before engaging or offering to engage in providing the proposed covered services, shall be sufficient to satisfy the requirements of this Section. One election called by the local governmental authority shall satisfy the requirements of this Section.

§844.56. Impact of local government providing covered service, cable television or telecommunications or advanced services

A. When local government provides a covered service pursuant to the provisions of this Chapter, any obligation of any other person to provide such service pursuant to any ordinance, contract, franchise or other means to provide institutional networks; public, educational and governmental access requirements; system rebuild requirements; monetary contribution or any other similar obligation shall be suspended.

"South Carolina and Louisiana, set conditions that make municipal broadband both harder to deploy and more costly for consumers." NBP Sec. 8.4

SB 126 signed into law July 11, 2005 Baller Herbst Law Group: Status of State Barriers Proposed in 2005 and 2006

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