Cybertelecom Federal Internet Law & Policy An Educational Project

Kentucky

Cybercrime

Kentucky Revised Statute 434.845 Unlawful access to a computer in the first degree.

(1) A person is guilty of unlawful access to a computer in the first degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of:

(a) Devising or executing any scheme or artifice to defraud; or

(b) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises.

(2) Unlawful access to a computer in the first degree is a Class C felony

434.850 Unlawful access to a computer in the second degree.

(1) A person is guilty of unlawful access to a computer in the second degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of three hundred dollars ($300) or more.

(2) Unlawful access to a computer in the second degree is a Class D felony

434.851 Unlawful access in the third degree.

(1) A person is guilty of unlawful access in the third degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of less than three hundred dollars ($300).

(2) Unlawful access to a computer in the third degree is a Class A misdemeanor

434.853 Unlawful access in the fourth degree.

(1) A person is guilty of unlawful access in the fourth degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which does not result in loss or damage.

(2) Unlawful access to a computer in the fourth degree is a Class B misdemeanor.

Municipal Broadband

• City of Barbourville
• Glasgow | Glasgow Electric Plant Board LAN | Cable Coax | Price: $25.90/month |
  • Financials: "net cash flows were positive each year and totaled more than $1 million.” for 1998-2003 - Ben Scott, Telco Lies and the Truth About Municipal Broadband Networks Free Press, P. 7 April 2005
  • Glasgow Electric Plant Board. Cable in 1989, data and telco. Start Date: 1989 Total Cap Investment Est. $8 million. Investment per household $1,000 - $100 per sub, excluding
    interest & capital costs. Purchased local competitor, Comcast, in 2001; subs: 8,000 cable and 1,000 telephone. - Municipal Broadband: Digging Beneath the Surface, Balhoff & Rowe, LCC, p. 34 (Sept. 2005)
• Hopkinsville Electric System
• Monticello Electric Plant Board
• Murry Electric
• Owensboro | 54k pop | 17.4 sq mi | Wifi | Owensboro Municipal Utility
• Connect Kentucky receives grant for statewide broadband program, Bizjournal 7/8/2005

VoIP

• Trials and Market Deployments

  Armstrong Cable in partnership with Vonage offering Zoom Phone Service.  Balancing Responsibilities and Rights: A Regulatory Model for Facilities-Based VoIP Competition An NCTA Policy Paper February 2004; Vonage Cables in Armstrong VoIP Deal,  Internet News (June 10, 2003)

Digital Divide

• Connect Kentucky