Senate Bill sb0180

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    Florida Senate - 2001                                   SB 180

    By Senator Silver





    38-36B-01

  1                      A bill to be entitled

  2         An act relating to computer crimes; providing a

  3         short title; providing legislative intent and

  4         findings; providing definitions; prohibiting

  5         specified activities that, if performed

  6         knowingly and without permission, constitute

  7         the offense of computer interference;

  8         specifying penalties to be imposed for the

  9         offense of computer interference; authorizing

10         an action for compensatory damages against a

11         person convicted of the offense of computer

12         interference; providing that certain actions of

13         a minor be imputed to the minor's parent or

14         legal guardian for purposes of obtaining a

15         civil remedy; providing for an award of

16         attorney's fees to the prevailing party;

17         requiring colleges and universities to include

18         computer-related crime as a violation of rules

19         governing student conduct; providing for

20         disciplinary sanctions; providing that property

21         used in connection with an offense of computer

22         interference is subject to forfeiture under the

23         Florida Contraband Forfeiture Act; providing

24         circumstances under which a person may be

25         convicted under the act in multiple

26         jurisdictions; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Protection against computer crimes.--

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    Florida Senate - 2001                                   SB 180
    38-36B-01




  1         (1)  SHORT TITLE.--This section may be cited as the

  2  "Computer Crimes Control Act."

  3         (2)  LEGISLATIVE INTENT AND FINDINGS.--

  4         (a)  It is the intent of the Legislature to expand the

  5  protection afforded to individuals, businesses, and

  6  governmental agencies from tampering, interference, damage,

  7  and unauthorized access to lawfully created computer data and

  8  computer systems.

  9         (b)  The Legislature finds that the proliferation of

10  computer technology has resulted in a concomitant

11  proliferation of computer crime and other forms of

12  unauthorized access to computers, computer systems, and

13  computer data.

14         (c)  The Legislature finds that it is necessary to

15  protect the integrity of all types and forms of lawfully

16  created computers, computer systems, and computer data in

17  order to protect the privacy of individuals and to protect the

18  well-being of financial institutions, business concerns,

19  governmental agencies, and others within this state who

20  lawfully use computers, computer systems, and data.

21         (3)  DEFINITIONS.--As used in this section, the term:

22         (a)  "Access" means to gain entry to, instruct, or

23  communicate with the logical, arithmetical, or memory function

24  resources of a computer, computer system, or computer network.

25         (b)  "Computer contaminant" means any set of computer

26  instructions designed to modify, damage, destroy, record, or

27  transmit information within a computer, computer system, or

28  computer network without the intent or permission of the owner

29  of the information. The term includes, but is not limited to,

30  a group of computer instructions commonly called viruses or

31  worms which are self-replicating or self-propagating and which

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    Florida Senate - 2001                                   SB 180
    38-36B-01




  1  are designed to contaminate other computer programs or

  2  computer data; consume computer resources; modify, destroy,

  3  record, or transmit data; or in some other fashion usurp the

  4  normal operation of the computer, computer system, or computer

  5  network.

  6         (c)  "Computer network" means any system that provides

  7  communications between one or more computer systems and its

  8  input or output devices, including, but not limited to,

  9  display terminals and printers that are connected by

10  telecommunication facilities.

11         (d)  "Computer program or computer software" means a

12  set of instructions or statements and related data which, when

13  executed in actual or modified form, cause a computer,

14  computer system, or computer network to perform specified

15  functions.

16         (e)  "Computer services" include, but are not limited

17  to, computer time; data processing or storage functions; or

18  other uses of a computer, computer system, or computer

19  network.

20         (f)  "Computer system" means a device or collection of

21  devices, including support devices, one or more of which

22  contain computer programs, electronic instructions, or input

23  data and output data, and which perform functions, including,

24  but not limited to, logic, arithmetic, data storage,

25  retrieval, communication, or control. The term does not

26  include calculators that are not programmable and that are not

27  capable of being used in conjunction with external files.

28         (g)  "Data" means a representation of information,

29  knowledge, facts, concepts, computer software, computer

30  programs, or instructions. Data may be in any form, in storage

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    Florida Senate - 2001                                   SB 180
    38-36B-01




  1  media or stored in the memory of the computer, or in transit

  2  or presented on a display device.

  3         (h)  "Injury" means any alteration, deletion, damage,

  4  or destruction of a computer system, computer network,

  5  computer program, or data which is created by the access.

  6         (i)  "Supporting documentation" includes, but is not

  7  limited to, all information, in any form, which pertains to

  8  the design, construction, classification, implementation, use,

  9  or modification of a computer, computer system, computer

10  network, computer program, or computer software, which

11  information is not generally available to the public and which

12  is necessary for the operation of a computer, computer system,

13  computer network, computer program, or computer software.

14         (j)  "Victim expenditure" means any costs that are

15  reasonably and necessarily incurred by the owner or lessee to

16  verify that a computer system, a computer network, a computer

17  program, or computer data was or was not altered, deleted,

18  damaged, or destroyed by the access.

19         (4)  COMPUTER INTERFERENCE.--A person commits the

20  offense of computer interference if he or she:

21         (a)  Knowingly accesses and without permission alters,

22  damages, deletes, destroys, or otherwise uses any data,

23  computer, computer system, or computer network in order to:

24         1.  Devise or execute any scheme or artifice to

25  defraud, deceive, or extort; or

26         2.  Wrongfully control or obtain money, property, or

27  data.

28         (b)  Knowingly accesses and without permission takes,

29  copies, or makes use of any data from a computer, computer

30  system, or computer network or takes or copies any supporting

31  documentation, regardless of whether the data or documentation

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    Florida Senate - 2001                                   SB 180
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  1  exists or resides internally or externally to a computer,

  2  computer system, or computer network.

  3         (c)  Knowingly accesses and without permission adds,

  4  alters, damages, deletes, or destroys any data, computer

  5  software, or computer programs that reside or exist internally

  6  or externally to a computer, computer system, or computer

  7  network.

  8         (d)  Knowingly and without permission disrupts or

  9  causes the disruption of computer services or denies or causes

10  the denial of computer services to an authorized user of a

11  computer, computer system, or computer network.

12         (e)  Knowingly and without permission provides or

13  assists in providing a means of accessing a computer, computer

14  system, or computer network in violation of this section.

15         (f)  Knowingly and without permission accesses or

16  causes to be accessed any computer, computer system, or

17  computer network.

18         (g)  Knowingly introduces any computer contaminant into

19  any computer, computer system, or computer network.

20         (5)  PENALTIES.--

21         (a)  Any person who violates paragraph (4)(a),

22  paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d)

23  commits a misdemeanor of the first degree, punishable as

24  provided in section 775.082 or section 775.083, Florida

25  Statutes.

26         (b)  Any person who violates paragraph (4)(e),

27  paragraph (4)(f), or paragraph (4)(g) commits:

28         1.  A felony of the second degree, punishable as

29  provided in section 775.082, section 775.083, or section

30  775.084, Florida Statutes, if:

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    Florida Senate - 2001                                   SB 180
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  1         a.  The violation results in a victim expenditure that

  2  is less than or equal to $5,000.

  3         b.  The violation is a second or subsequent violation.

  4         2.  A felony of the first degree, punishable as

  5  provided in section 775.082, section 775.083, or section

  6  775.084, Florida Statutes, if the violation results in a

  7  victim expenditure of more than $5,000.

  8         (6)  CIVIL ACTION; ATTORNEY'S FEES; STUDENT

  9  SANCTIONS.--

10         (a)  In addition to any other civil remedy available,

11  the owner or lessee of the computer, computer system, computer

12  network, computer program, or computer data may bring a civil

13  action against any person convicted under this section for

14  compensatory damages, including any expenditure reasonably and

15  necessarily incurred by the owner or lessee to verify that a

16  computer system, a computer network, a computer program, or

17  computer data was or was not altered, damaged, or deleted as a

18  result of the unlawful access. For purposes of actions

19  authorized by this paragraph, the conduct of an unemancipated

20  minor shall be imputed to the parent or legal guardian having

21  control or custody of the minor if the parent or legal

22  guardian knew or should have known of the minor's conduct.

23         (b)  In any action brought under this subsection, the

24  court may award reasonable attorney's fees to the prevailing

25  party.

26         (c)  Each community college, state university, or

27  academic institution accredited in this state must include

28  computer-related crimes as a specific violation of the rules

29  governing student conduct, which violation may subject a

30  student to disciplinary sanctions that may include dismissal

31  from the academic institution.

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    Florida Senate - 2001                                   SB 180
    38-36B-01




  1         (7)  FORFEITURE OF PROPERTY.--Any computer, computer

  2  system, computer network, computer software, or computer data

  3  owned by a defendant which is used during the commission of

  4  any violation of this section or any computer owned by the

  5  defendant which is used as a repository for the storage of

  6  software or data obtained in violation of this section is

  7  subject to forfeiture as provided under sections

  8  932.701-932.704, Florida Statutes.

  9         (8)  NONAPPLICABILITY.--Subsection (4) does not apply

10  to any person who accesses his or her employer's computer

11  system, computer network, computer program, or computer data

12  when acting within the scope of his or her lawful employment.

13         (9)  APPLICABILITY TO REMOTE ACCESS.--For purposes of

14  bringing a civil or criminal action under this section, a

15  person who causes, by any means, the access to a computer,

16  computer system, or computer network in one jurisdiction from

17  another jurisdiction is deemed to have personally accessed the

18  computer, computer system, or computer network in both

19  jurisdictions.

20         Section 2.  This act shall take effect October 1, 2001.

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22            *****************************************

23                          SENATE SUMMARY

24    Creates the "Computer Crimes Control Act." Prohibits
      unlawful tampering with, interference to, damage to, or
25    unauthorized assess to computers, computer systems, and
      computer data. Specifies the penalties to be imposed for
26    the offense of computer interference. Provides that a
      person convicted of committing computer interference is
27    subject to civil damages. Provides for attorney's fees.
      Requires colleges and universities to include
28    computer-related crime as a violation of rules governing
      student conduct. Provides for the forfeiture of property
29    used in connection with an offense of computer
      interference. Provides that a person may be convicted of
30    the offense of computer interference in multiple
      jurisdictions. (See bill for details.)
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