As used in this part, the term:

1. (1) "Authorized user" means, for a protected computer:

   1. (a) the protected computer's owner; or
   2. (b) an individual who has permission to access the protected computer under Section 63D-3-103.

2. (2)

   1. (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or storage functions.
   2. (b) "Computer" includes any data storage device, data storage facility, or communications facility that is directly related to or that operates in conjunction with the device described in Subsection (2)(a).

3. (3)

   1. (a) "Damage" means, for a protected computer's owner, the cost associated with an individual's unauthorized access to information stored on a protected computer.

   2. (b) "Damage" includes:

      1. (i) the cost of repairing or restoring a protected computer;
      2. (ii) economic damages;
      3. (iii) consequential damages, including interruption of service; and
      4. (iv) profit by the individual from the unauthorized access to the protected computer.

4. (4) "Harm" means any impairment to the integrity, access, or availability of:

   1. (a) data;
   2. (b) a program;
   3. (c) a system; or
   4. (d) information.

5. (5) "Owner" means a person who:

   1. (a) owns or leases a protected computer; or
   2. (b) owns the information stored in a protected computer.

6. (6)

   1. (a) "Protected computer" means a computer that:

      1. (i) is used in connection with the operation of a business, state government entity, or political subdivision; and
      2. (ii) requires a technological access barrier for an individual to access the computer.
   2. (b) "Protected computer" does not include a computer that an individual can access using a technological access barrier that does not, to a reasonable degree of security, effectively control access to the information stored in the computer.
7. (7) "Technological access barrier" means a password, security code, token, key fob, access device, or other digital security measure.
8. (8) "Traffic" means to sell, purchase, or deliver.

9. (9) "Unauthorized user" means an individual who, for a protected computer:

   1. (a) is not an authorized user of the protected computer; and

   2. (b) accesses the protected computer by:

      1. (i) obtaining, without an authorized user's permission, the authorized user's technological access barrier; or
      2. (ii) circumventing, without the permission of the protected computer's owner, a technological access barrier on the protected computer.

Enacted by Chapter 209, 2016 General Session