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Sponsors
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History
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law and the education law, in relation to computer-related crimes
Purpose
To update the computer-related crimes provisions of the law.
Summary of provisions
Section 1 amends section 156.00 of the penal law, as amended by chapter 558 of the laws of 2006, by adding more detailed definitions to cover a more modern range of circumstances, and including definitions for computer system, government computer system, public safety infrastructure computer system, supporting documentation, injury, victim expenditure, computer contaminant, Internet domain name, electronic mail and profile.
Read the full memo (808 words)
Section 2 amends section 156.29 of the penal law, as added by chapter 590 of the laws of 2008, to broaden the meaning of unlawful duplication of computer related material in the second degree from impermissibly copying computer material containing medical records to impermissibly copying or using any data from a computer, computer system or computer network.
Section 3 amends section 156.25 of the penal law, as amended by chapter 89 of the laws of 1993, subdivision 2 as amended by chapter 376 of the laws of 1997, by expanding the meaning of computer tampering in the third degree to include intent to devise or execute a scheme to defraud, deceive or extort; intent to wrongfully control or obtain money, property or data; and altering or destroying data, computer software or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system or computer network.
Section 4 amends the penal law by adding a new section 156.45 establishing unlawful disruption of computer services in the second degree, a class A misdemeanor involving knowingly and without permission disrupting or causing the disruption of computer services or denying or causing the denial of computer services to an authorized user of a computer, computer system or computer network.
Section 5 amends the penal law by adding a new section 156.46 establishing unlawful disruption of computer services in the first degree, a class E felony involving committing unlawful disruption of computer services in the second degree against government computer services or public safety infrastructure computer system computer services.
Section 6 amends the penal law by adding a new section 156.15 establishing unlawful computer access assistance in the second degree, a class A misdemeanor involving knowingly and without permission providing or assisting in providing a means of accessing a computer, computer system or computer network in violation of this article.
Section 7 amends the penal law by adding a new section 156.16 establishing unlawful computer access assistance in the first degree, a class E felony involving committing unlawful computer access assistance in the second degree against a public safety infrastructure computer system computer, computer system or computer network in violation of this article.
Section 8 amends the penal law by adding a new section 156.12 establishing unauthorized use of Internet domain name or profile, a class A misdemeanor involving doing so in connection with sending e-mail messages or posts causing damage to a computer, computer data, computer system or computer network
Section 9 amends the penal law by adding a new section 156.37 establishing unlawful introduction of a computer contaminant, a class A misdemeanor.
Section 10 amends the penal law by adding a new section 156.55 providing for civil remedies available to those suffering damages by reason of a violation of any section of this article. The statute of limitations for such civil action is three years of the date of the offense, or the date of the discovery of damage, whichever is later.
Section 11 amends the penal law by adding a new section 156.50 providing any computer, computer system, computer network or any software or data owned by the defendant used during the commission of any offense described in this article or any computer owned by the defendant used as a repository for the storage of software or data illegally obtained in violation of this article shall be subject to forfeiture.
Section 12 amends subdivision 1 of section 6430 of the education law, as amended by chapter 75 of the laws of 2004, providing computer-related crimes shall be included as specific rule violations in college policies.
Section 13 provides this act shall take effect on the one hundred eightieth day after it shall have become a law.
Existing law
Existing computer-related crimes law is not defined well enough to reflect the times.
Justification
In today's world of cyber terrorism and technological warfare, it is essential to modernize the state's computer-related crimes law. This includes establishing definitions of terms, expanding provisions, establishing more specific offenses and providing civil remedies.
Legislative history
New bill
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.