Senate Bill sb0180c1

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    Florida Senate - 2001                            CS for SB 180

    By the Committee on Criminal Justice and Senator Silver





    307-1701-01

  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 for an award of

13         attorney's fees to the prevailing party;

14         requiring colleges and universities to include

15         computer-related crime as a violation of rules

16         governing student conduct; providing for

17         disciplinary sanctions; providing that property

18         used in connection with an offense of computer

19         interference is subject to forfeiture under the

20         Florida Contraband Forfeiture Act; providing

21         circumstances under which a person may be

22         convicted under the act in multiple

23         jurisdictions; providing an effective date.

24

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

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27         Section 1.  Protection against computer crimes.--

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

29  "Computer Crimes Control Act."

30         (2)  LEGISLATIVE INTENT AND FINDINGS.--

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    Florida Senate - 2001                            CS for SB 180
    307-1701-01




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

  2  protection afforded to individuals, businesses, and

  3  governmental agencies from tampering, interference, damage,

  4  and unauthorized access to lawfully created computer data and

  5  computer systems.

  6         (b)  The Legislature finds that the proliferation of

  7  computer technology has resulted in a concomitant

  8  proliferation of computer crime and other forms of

  9  unauthorized access to computers, computer systems, and

10  computer data.

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

12  protect the integrity of all types and forms of lawfully

13  created computers, computer systems, and computer data in

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

15  well-being of financial institutions, business concerns,

16  governmental agencies, and others within this state who

17  lawfully use computers, computer systems, and data.

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

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

20  communicate with the logical, arithmetical, or memory function

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

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

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

24  transmit information within a computer, computer system, or

25  computer network without the intent or permission of the owner

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

27  a group of computer instructions commonly called viruses or

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

29  are designed to contaminate other computer programs or

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

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

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    Florida Senate - 2001                            CS for SB 180
    307-1701-01




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

  2  network.

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

  4  communications between one or more computer systems and its

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

  6  display terminals and printers that are connected by

  7  telecommunication facilities.

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

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

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

11  computer system, or computer network to perform specified

12  functions.

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

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

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

16  network.

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

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

19  contain computer programs, electronic instructions, or input

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

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

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

23  include calculators that are not programmable and that are not

24  capable of being used in conjunction with external files.

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

26  knowledge, facts, concepts, computer software, computer

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

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

29  or presented on a display device.

30         (h)  "Victim expenditure" means any costs that are

31  reasonably and necessarily incurred by the owner or lessee to

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    Florida Senate - 2001                            CS for SB 180
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  1  verify that a computer system, a computer network, a computer

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

  3  damaged, or destroyed by the access.

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

  5  offense of computer interference if he or she:

  6         (a)  Knowingly and without permission disrupts or

  7  causes the disruption of computer services or denies or causes

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

  9  computer, computer system, or computer network; or

10         (b)  Knowingly introduces any computer contaminant into

11  any computer, computer system, or computer network.

12         (5)  PENALTIES.--Any person who violates this section

13  commits:

14         (a)  A felony of the second degree, punishable as

15  provided in section 775.082, section 775.083, or section

16  775.084, Florida Statutes, if the violation results in a

17  victim expenditure that is less than or equal to $5,000.

18         (b)  A felony of the first degree, punishable as

19  provided in section 775.082, section 775.083, or section

20  775.084, Florida Statutes, if the violation results in a

21  victim expenditure of more than $5,000.

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

23  SANCTIONS.--

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

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

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

27  action against any person convicted under this section for

28  compensatory damages, including any expenditure reasonably and

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

30  computer system, a computer network, a computer program, or

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    Florida Senate - 2001                            CS for SB 180
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  1  computer data was or was not altered, damaged, or deleted as a

  2  result of the unlawful access.

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

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

  5  party.

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

  7  academic institution accredited in this state must include

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

  9  governing student conduct, which violation may subject a

10  student to disciplinary sanctions that may include dismissal

11  from the academic institution.

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

13  system, computer network, computer software, or computer data

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

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

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

17  software or data obtained in violation of this section is

18  subject to forfeiture as provided under sections

19  932.701-932.704, Florida Statutes.

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

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

22  system, computer network, computer program, or computer data

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

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

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

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

27  computer system, or computer network in one jurisdiction from

28  another jurisdiction is deemed to have personally accessed the

29  computer, computer system, or computer network in both

30  jurisdictions.

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

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    Florida Senate - 2001                            CS for SB 180
    307-1701-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 180

  3

  4  1.    Provides the description of the offense of "computer
          interference" and describes that offense as either
  5        introduction of computer contaminants and viruses or
          disruption and denial of computer services. Provides
  6        that computer interference that causes the owner of the
          computer system to have to expend up to or equal to
  7        $5,000 to determine the extent of damage be a second
          degree felony, and expenditures over $5,000 constitutes
  8        a first degree felony.

  9  2.    Deletes the requirement that parents and guardians be
          held civilly liable for damages for the actions of their
10        minor children for offenses constituting computer
          interference.
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    3.    Deletes certain definitions no longer referenced in the
12        language of the bill as amended.

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