Cybertelecom Federal Internet Law & Policy An Educational Project

North Dakota

Cybercrime

North Dakota Code 12.1-06.1-08 . Computer fraud - Computer crime - Classification - Penalty.

1. A person commits computer fraud by gaining or attempting to gain access to , altering, damaging, modifying, copying, disclosing, taking possession of, or destroying any computer, computer system, computer network , or any part of the computer, system, or network, without authorization , and with the intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of, or control property or services by means of false or fraudulent pretenses, representations, or promises. A person who commits computer fraud is guilty of a class C felony.

2. A person commits computer crime by intentionally and either in excess of authorization given or without authorization gaining or attempting to gain access to , altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying, or preventing the authorized use of any computer, computer system, or computer network , or any computer software, program, or data contained in the computer, computer system, or computer network. A person who commits computer crime is guilty of a class A misdemeanor.

3. In addition to any other remedy available, the owner or lessee of a computer, computer system, computer network, or any part of the computer, computer system, or computer network may bring a civil action for damages, restitution, and attorney's fees for damages incurred as a result of the violation of this section.

VoIP

• "Case No. PU-2967-03-666: On November 25, 2003, BEK Communications Cooperative, Consolidated Telecom, Dakota Central Telecommunications Cooperative, Dickey Rural Telephone Cooperative, Griggs County Telephone Company, Inter-Community Telephone Company, LLC, Missouri Valley Communications, Inc., Moore and Liberty Telephone Company, Nemont Telephone Cooperative, Inc., North Dakota Telephone Company, Northwest Communications Cooperative, Polar Communications Mutual Aid Corporation, and Reservation Telephone Cooperative (complainants) filed a complaint alleging that SmartNET, Inc. (respondent) [note the WHOIS record for GetCallSmart indicates that it is registered by SmartNet, Inc.] (1) operates as an intrastate long distance telecommunications provider without authority from the Commission in violation of North Dakota law including North Dakota Century Code Chapter 49-21, Chapter 49-02, and Chapter 49-03.1 and lawful regulations and orders of the Commission and (2) operates as an intrastate long distance telecommunications provider without paying the Complainants for access fees for the use of their local switched network facilities in accordance with North Dakota law and prior Commission rules and orders. Case No. PU-2967-03-666 Notice of Hearing (16 kb pdf)"
• Notice of Rescheduled Hearing, Case No. PU-2967-03-666 (Apr. 14, 2004) (rescheduling the hearing for May 25 without explanation) http://www.psc.state.nd.us/psc/jurisdiction/pud/telecom/notices/03-666b.pdf
• About GetSmartCall: "CallSmart is a North Dakota company providing long distance* service to the Bismarck, Fargo, Dickinson and surrounding areas. CallSmart is proud to offer an alternative to traditional long distance* services.  We are taking advantage of the latest Voice over Internet (VoIP) technology to deliver long distance* to anywhere in the USA and Canada (excluding Alaska & Hawaii)."

© Cybertelecom ::