Relates to criminal possession of computer related material

7 Co-sponsors

• Tony Avella
• John J. Flanagan
• Rich Funke
• Martin J. Golden
• William J. Larkin Jr.
• Jack M. Martins
• Michael F. Nozzolio

BILL NUMBER:S3406

Title of bill

An act to amend the penal law, in relation to criminal possession of computer related material

Purpose or general idea of bill

This bill would amend the penal law to create the new crime of criminal possession of computer related material in the first degree.

Summary of specific provisions

This bill would amend section 156.35 of penal law, to reclassify the present E felony crime of criminal possession of computer related material, to now become criminal possession of computer related material in the second degree.

This bill would additionally add a new section 156.36 to the penal law to create the new B felony crime of criminal possession of computer related material in the first degree.

Specifically, this new crime would provide that:

*A person would be guilty of criminal possession of computer related material in the first degree when, after the unauthorized use of a computer in violation of 156.05 of this article, a person, having no right to do so, knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of section 156.30 of this article, with intent to benefit himself or a person other than an owner thereof, and the copying, reproduction or duplication of such computer data or computer program causes financial harm to another person, partnership or corporation, individually or collectively, in excess of one hundred thousand dollars.

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 causes financial harm to another person, partnership or corporation, individually or collectively, in excess of one hundred thousand dollars, merely makes sense in light of these recent events.

Accordingly, this bill seeks to deploy our criminal laws to deter those who might engage in such cyber attacks before they do so, and more appropriately punish those who 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.