| 1 | A bill to be entitled |
| 2 | An act relating to offenses against computer users; |
| 3 | amending s. 815.03, F.S.; defining the term "spyware"; |
| 4 | amending s. 815.06, F.S.; providing that whoever |
| 5 | willfully, knowingly, and without authorization introduces |
| 6 | any computer contaminant, including spyware, into any |
| 7 | computer, computer system, computer program, or computer |
| 8 | network commits an offense against computer users; |
| 9 | providing criminal penalties; providing enhanced criminal |
| 10 | penalties under certain circumstances; authorizing the |
| 11 | Department of Legal Affairs or a state attorney to file a |
| 12 | civil action for injunctive relief against any person or |
| 13 | group to restrain prohibited activities; authorizing a |
| 14 | court to award court costs and reasonable attorney's fees |
| 15 | to the prevailing party; permitting a court to impose a |
| 16 | civil penalty not to exceed a stated amount for each |
| 17 | offense against computer users; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (3) of section 815.03, Florida |
| 23 | Statutes, is amended, and subsection (12) is added to that |
| 24 | section, to read: |
| 25 | 815.03 Definitions.--As used in this chapter, unless the |
| 26 | context clearly indicates otherwise: |
| 27 | (3) "Computer contaminant" means any set of computer |
| 28 | instructions designed to modify, damage, destroy, record, or |
| 29 | transmit information within a computer, computer system, or |
| 30 | computer network without the intent or permission of the owner |
| 31 | of the information. The term includes, but is not limited to, a |
| 32 | group of computer instructions commonly called viruses or worms |
| 33 | which are self-replicating or self-propagating and which are |
| 34 | designed to contaminate other computer programs or computer |
| 35 | data; consume computer resources; modify, destroy, record, or |
| 36 | transmit data; or in some other fashion usurp the normal |
| 37 | operation of the computer, computer system, or computer network |
| 38 | and includes spyware. |
| 39 | (12) "Spyware" means computer instructions or software |
| 40 | installed into a computer, computer program, computer system, or |
| 41 | computer network which, without the informed consent of the |
| 42 | operator: |
| 43 | (a) Monitors the use of a computer, computer program, |
| 44 | computer system, or computer network. |
| 45 | (b) Allows a person or software to control the operator's |
| 46 | computer from another computer or electronic device. |
| 47 | Section 2. Subsection (1) of section 815.06, Florida |
| 48 | Statutes, is amended, present subsections (4), (5), (6), and (7) |
| 49 | of that section are redesignated as subsections (5), (6), (7), |
| 50 | and (8), respectively, a new subsection (4) is added to that |
| 51 | section, and subsection (2) of that section is reenacted, to |
| 52 | read: |
| 53 | 815.06 Offenses against computer users.-- |
| 54 | (1) Whoever willfully, knowingly, and without |
| 55 | authorization: |
| 56 | (a) Accesses or causes to be accessed any computer, |
| 57 | computer system, or computer network; |
| 58 | (b) Disrupts or denies or causes the denial of computer |
| 59 | system services to an authorized user of such computer system |
| 60 | services, which, in whole or part, is owned by, under contract |
| 61 | to, or operated for, on behalf of, or in conjunction with |
| 62 | another; |
| 63 | (c) Destroys, takes, injures, or damages equipment or |
| 64 | supplies used or intended to be used in a computer, computer |
| 65 | system, or computer network; |
| 66 | (d) Destroys, injures, or damages any computer, computer |
| 67 | system, or computer network; or |
| 68 | (e) Introduces any computer contaminant or spyware into |
| 69 | any computer, computer system, or computer network, |
| 70 |
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| 71 | commits an offense against computer users. |
| 72 | (2)(a) Except as provided in paragraphs (b) and (c), |
| 73 | whoever violates subsection (1) commits a felony of the third |
| 74 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 75 | 775.084. |
| 76 | (b) Whoever violates subsection (1) and: |
| 77 | 1. Damages a computer, computer equipment, computer |
| 78 | supplies, a computer system, or a computer network, and the |
| 79 | monetary damage or loss incurred as a result of the violation is |
| 80 | $5,000 or greater; |
| 81 | 2. Commits the offense for the purpose of devising or |
| 82 | executing any scheme or artifice to defraud or obtain property; |
| 83 | or |
| 84 | 3. Interrupts or impairs a governmental operation or |
| 85 | public communication, transportation, or supply of water, gas, |
| 86 | or other public service, |
| 87 |
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| 88 | commits a felony of the second degree, punishable as provided in |
| 89 | s. 775.082, s. 775.083, or s. 775.084. |
| 90 | (c) Whoever violates subsection (1) and the violation |
| 91 | endangers human life commits a felony of the first degree, |
| 92 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 93 | (4) The Department of Legal Affairs or a state attorney |
| 94 | may file a civil action on behalf of the people of this state |
| 95 | for injunctive relief against any person or group violating |
| 96 | subsection (1) to restrain the prohibited activity. The court |
| 97 | may award court costs and reasonable attorney's fees to the |
| 98 | prevailing party. The court may also impose a civil penalty not |
| 99 | to exceed $10,000 for each violation of subsection (1). |
| 100 | Section 3. This act shall take effect July 1, 2009. |