What's happening
This bill creates the crime of cyberterrorism, establishes penalties, and updates how damages from computer tampering are calculated.
Why it matters
Establishes a clear legal framework for prosecuting cyberterrorism. , specifically targeting those who use hacking or denial-of-service (DoS) attacks to intimidate or coerce the public or government, or to disrupt essential services and financial institutions.
Expands the scope of computer tampering laws. by ensuring that damages are calculated not just for the targeted computer, but also for any other computers affected by the tampering, potentially increasing criminal liability and restitution amounts.
Creates significant penalties for cyberterrorism. , categorizing it as a class B felony, which carries severe prison sentences, signaling that New York views these offenses as serious threats to public safety and infrastructure.
Clarifies the definition of denial-of-service (DoS) attacks in state law. , making it easier for law enforcement and prosecutors to pursue cases against individuals who intentionally overload or disrupt computer networks, especially those critical to government and utilities.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Create Cyberterrorism Crime Law
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
4 Multi-sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2765
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. KOLB, BARCLAY, McKEVITT, LOPEZ -- Multi-Sponsored by -- M. of A. GIGLIO, OAKS, RAIA, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of cyberterrorism and calculating damages caused by computer tampering
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 490.28 to read as follows: § 490.28 Crime of cyberterrorism.
1. An individual is guilty of the crime of cyberterrorism when he or she:
(a) With the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits any of the crimes contained within article one hundred fifty-six of this chapter; or
(b) With the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits a denial of service attack against any computer network administered or operated by a local, state or federal government entity, any utility (including electricity or water) or a financial institution.
2. For the purpose of this section "denial of service attack" means preventing authorized access to computer resources or delaying time critical computer operations by inundating or otherwise overloading a computer network, or attempting to inundate or otherwise overload a computer service.
Crime of cyberterrorism is a class B felony.
§ 2. Subdivision 4 of section 156.25 of the penal law, as amended by chapter 89 of the laws of 1993, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03202-01-7
A. 2765 2
4. he or she intentionally alters in any manner or destroys computer data or a computer program so as to cause damages, to the computer tampered with or to any other computer affected by the tampering, in an aggregate amount exceeding one thousand dollars.
§ 3. Subdivision 1 of section 156.26 and section 156.27 of the penal law, subdivision 1 of section 156.26 as amended by chapter 590 of the laws of 2008 and section 156.27 as added by chapter 89 of the laws of 1993, are amended to read as follows:
1. computer data or a computer program so as to cause damages, to the computer tampered with or to any other computer affected by the tampering, in an aggregate amount exceeding three thousand dollars; or § 156.27 Computer tampering in the first degree.
A person is guilty of computer tampering in the first degree when he or she commits the crime of computer tampering in the fourth degree and he or she intentionally alters in any manner or destroys computer data or a computer program so as to cause damages, to the computer tampered with or to any other computer affected by the tampering, in an aggregate amount exceeding fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.