- Muni BB
- - MuniBB Notes
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76-6-703 . Computer crimes and penalties.
(2) (a) Except as provided in Subsection (2)(b), a person who intentionally or knowingly and without authorization gains or attempts to gain access to a computer, computer network, computer property, or computer system under circumstances not otherwise constituting an offense under this section is guilty of a class B misdemeanor.
76-6-702 . Definitions.
As used in this part:
(1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with any of them.
(2) "Authorization" means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission.
76-10-1204, -1206 (posting material online that is harmful to children where host is located in Utah)
76-10-1231 . Data service providers -- Internet content harmful to minors.
(1) (a) Upon request by a consumer, a service provider shall filter content to prevent the transmission of material harmful to minors to the consumer.
(b) A service provider complies with Subsection (1)(a) if it uses a generally accepted and commercially reasonable method of filtering.
(2) At the time of a consumer's subscription to a service provider's service, or at the time this section takes effect if the consumer subscribes to the service provider's service at the time this section takes effect, the service provider shall notify the consumer in a conspicuous manner that the consumer may request to have material harmful to minors blocked under Subsection (1).
(3) (a) A service provider may comply with Subsection (1) by:
(i) providing in-network filtering to prevent receipt of material harmful to minors, provided that the filtering does not affect or interfere with access to Internet content for consumers who do not request filtering under Subsection (1); or
(ii) providing software, engaging a third party to provide software, or referring users to a third party that provides filtering software, by providing a clear and conspicuous hyperlink or written statement, for installation on the consumer's computer that blocks, in an easy-to-enable and commercially reasonable manner, receipt of material harmful to minors.
(b) A service provider may charge a consumer for providing filtering under Subsection (3)(a).
. . . . .
76-10-1230 . Definitions.
(4) (a) "Internet service provider" means a person engaged in the business of providing a computer communications facility in Utah, with the intent of making a profit, through which a consumer may obtain access to the Internet. [Editor's note: that would appear to exclude coffee houses offering free WiFi]
(b) "Internet service provider" does not include a common carrier if it provides only telecommunications service.
. . . . .
(7) (a) Except as provided in Subsection (7)(b), "service provider" means an Internet service provider.
(b) "Service provider" does not include a person who does not terminate a service in this state, but merely transmits data through:
(i) a wire;
(ii) a cable; or
(iii) an antenna.
(c) "Service provider," notwithstanding Subsection (7)(b), includes a person who meets the requirements of Subsection (7)(a) and leases or rents a wire or cable for the transmission of data.
ECPA :: Cell Phone Location Information
- Utah Code Ann. § 77-23c-102(1)(a).requiring law enforcement to apply for a search warrant to obtain this data.