Relates to cyber terrorism in the first and second degree

11 Co-sponsors

• Tony Avella
• John J. Flanagan
• Rich Funke
• Martin J. Golden
• Jack M. Martins
• Terrence P. Murphy
• Michael F. Nozzolio
• Thomas F. O'Mara
• Michael H. Ranzenhofer
• Susan Serino
• James L. Seward

BILL NUMBER:S3404

Title of bill

An act to amend the penal law, in relation to cyber terrorism in the first and second degree

Purpose or general idea of bill

This bill would amend the penal law to create the new crimes of cyber terrorism in the first and second degrees.

Summary of specific provisions

This bill would add a new sections 490..26 and 490.27 to the penal law, to create the new crimes of cyber terrorism in the second degree and cyber terrorism in the first degree, respectively.

Specifically, a person would be guilty of the new C felony crime of cyber terrorism in the second degree when:

*with intent to cause serious, wide-spread financial harm, or commit any larceny offense against more than ten people, a person uses a computer, a computer program, a computer network, computer material, a computer service, or computer data, to cause such wide-spread financial harm or to commit any larceny offense against more than ten people.

A person would be guilty of the new A felony crime of cyber terrorism in the first degree when:

*with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, affect the conduct of a unit of government, or cause mass injury, damage, destruction or debilitation to persons and/or property, a person uses a computer, a computer program, a computer network, computer material, a computer service, or computer data, to injure, damage, destroy, or debilitate persons or property.

Justification

According to the such entities as the United States Department of Homeland Security, Interpol and the New York State White Collar Crime Task Force, cybercrime is a pervasive and rapidly expanding threat. New York state is particularly at risk to cybercrime due to its status as a global hub of international business and commerce. As, seen most recently in cases involving the retailer Target, and with SONY pictures, cyber attacks can be economically or politically targeted to cause massive economic and personal harm to both businesses and individuals.

Increasing criminal penalties against those who use a computer or device to carry out an such a cyber attack, when such an attack seeks to cause wide spread harm or mass destruction of people or property, merely makes sense in light of these recent events. Moreover, events such as stuxnet, have demonstrated, that cyber attacks can launch real, meaningful consequences in the physical world. As more and more critical infrastructure is controlled through SCADA interfaces, the potential of terrorism through cyber attack has grown exponentially.

Accordingly, this bill which seeks to recognize the technological consequences of the modern world, strives to deploy our criminal laws to deter those who might engage in such cyber terrorism attacks before they do so, and seriously and more appropriately punish those who might commit such an attack, if and when they do.

Prior legislative history

This is a new bill.

Fiscal implications

None noted.

Effective date

This act would take effect on the first of November next succeeding the date on which it shall have become law.