Counterfeit Access Device and Computer Fraud and Abuse Act: Hearings Before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, First and Second Session, on H.R. 3181, H.R. 3570, and H.R. 5112 ... September 29; November 10, 1983; and March 28, 1984

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Page 242 - A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information...
Page 242 - If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original.
Page 230 - Government thereof, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any Department, or any officer of the Government thereof, any money, paper, document, or other valuable thing, shall be fined not more than one thousand dollars, or imprisoned not more than three years, or both.
Page 21 - Thank you again for the opportunity to testify before you today and I •would be happy to answer any questions you may have.
Page 237 - This Act shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates this Act, unless such provision is inconsistent with the terms of this Act.
Page 236 - If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 (10).
Page 242 - The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the...
Page 177 - ... general criminal intent,' 'mens rea? 'presumed intent,' 'malice,' Svilfullness,' 'scienter' and the like must be employed. What Justice Jackson called 'the variety, disparity and confusion' of judicial definitions of 'the requisite but elusive mental element
Page 77 - We have your statements, which, without objection, will be made a part of the record.
Page 237 - Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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