Senate Bill sb2162

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2162

    By Senator Posey





    24-163-05

  1                      A bill to be entitled

  2         An act relating to Internet computer fraud;

  3         providing legislative intent; defining terms;

  4         prohibiting a person or a business entity from

  5         using the Internet to solicit, request, or take

  6         any action to induce a computer user to provide

  7         personal identification information by

  8         fraudulently representing that the person or

  9         business is an on-line business; providing an

10         exception; prohibiting a business entity or

11         person who is not the authorized user of a

12         computer from committing certain specified

13         deceptive acts or practices that involve the

14         computer; prohibiting a person or business

15         entity from collecting certain information

16         without notice to and the consent of the

17         authorized user of the computer; providing that

18         a violation is a deceptive and unfair trade

19         practice under part II of ch. 501, F.S.;

20         authorizing a computer user to file a civil

21         action for violations of the act; providing

22         that a civil action may be filed regardless of

23         whether there is any criminal prosecution;

24         providing an effective date.

25  

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

27  

28         Section 1.  Internet computer fraud.--

29         (1)  LEGISLATIVE INTENT.--The Legislature finds that

30  the increasing use of fraudulent and deceptive practices

31  involving the worldwide web is a growing epidemic that

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  endangers the privacy of persons who use the Internet in the

 2  this state and adversely affects the ability of persons in

 3  this state to use their own computers and adversely affects

 4  communication, education, and commerce for persons in this

 5  state.

 6         (2)  DEFINITIONS.--As used in this section, the term:

 7         (a)  "Authorized user" or "user" means a person who

 8  owns or leases a computer or who uses a computer when

 9  authorized by its owner or lessee. The term does not include a

10  person who has obtained authorization to use the computer

11  solely through an end-user license agreement.

12         (b)  "Business entity" means a for-profit or

13  not-for-profit corporation, partnership, limited partnership,

14  proprietorship, firm, enterprise, franchise, association, or

15  trust or a self-employed individual, whether fictitiously

16  named or not, doing business in this state, and includes a

17  contractor or subcontractor of such a business entity.

18         (c)  "Computer" means an internally programmed,

19  automatic device that performs data processing.

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

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

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

23  computer system, or computer network to perform specified

24  functions.

25         (e)  "Computer user" means a person in this state who

26  uses a computer that is connected to the Internet.

27         (f)  "Computer virus" means a computer program that is

28  designed to replicate itself or affect another program or file

29  in a computer by attaching a copy of the program or other set

30  of instructions to one or more computer programs or files

31  without the consent of the owner or lawful user. The term

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  includes, but is not limited to, programs that are designed to

 2  contaminate other computer programs; compromise computer

 3  security; consume computer resources; modify, destroy, record,

 4  or transmit data; or disrupt the normal operation of the

 5  computer, computer system, or computer network. The term also

 6  includes, but is not limited to, programs that are designed to

 7  use a computer without the knowledge and consent of an

 8  authorized user and to send large quantities of data to a

 9  targeted computer network without the consent of the network

10  for the purpose of degrading the targeted computer's or

11  network's performance or for the purpose of denying access

12  through the network to the targeted computer or network.

13         (g)  "Electronic mail message" means an electronic

14  message or computer file that is transmitted between two or

15  more telecommunications devices; computers; computer networks,

16  regardless of whether the network is a local, regional, or

17  global network; or electronic devices capable of receiving

18  electronic messages, regardless of whether the message is

19  converted to hard copy format after receipt, viewed upon

20  transmission, or stored for later retrieval.

21         (h)  "Internet" means the global information system

22  that is logically linked together by a globally unique address

23  space based on the Internet Protocol (IP), or its subsequent

24  extensions; that is able to support communications using the

25  Transmission Control Protocol/Internet Protocol (TCP/IP)

26  suite, or its subsequent extensions, or other IP-compatible

27  protocols; and that provides, uses, or makes accessible,

28  either publicly or privately, high-level services layered on

29  the communications and related infrastructure described in

30  this section.

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1         (i)  "Personal identification information" means any

 2  name or number that may be used, alone or in conjunction with

 3  any other information, to identify a specific individual,

 4  including:

 5         1.  A name, postal or e-mail address, social security

 6  number, date of birth, driver's license or identification

 7  number issued by a state or the Federal Government, telephone

 8  number, mother's maiden name, alien registration number,

 9  government passport number, employer or taxpayer

10  identification number, Medicaid or food-stamp account number,

11  bank-account number, credit-card or debit-card number, or

12  personal-identification number or code assigned to the holder

13  of a debit card by its issuer to permit authorized electronic

14  use of the card;

15         2.  Unique biometric data, such as a fingerprint, voice

16  print, retina or iris image, or other unique physical

17  representation;

18         3.  A unique electronic identification number, address,

19  password, or routing code;

20         4.  Medical records;

21         5.  Telecommunication identifying information or an

22  access device;

23         6.  Account balances;

24         7.  Overdraft history;

25         8.  Payment history;

26         9.  A history of web sites visited;

27         10.  A record of a purchase or purchases; or

28         11.  Any other number or information that can be used

29  to access an individual's financial resources.

30         (j)  "Transmit" means to transfer, send, or make

31  available computer programs or software, or any component of

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  computer software, via the Internet or any other medium,

 2  including local area networks of computers, any other nonwire

 3  transmission, or any disk or other data storage device.

 4         (k)  "Web page" means a location with respect to the

 5  worldwide web which has a single uniform resource locator or

 6  other single location with respect to the Internet.

 7         (3)  PROHIBITION AGAINST PHISHING OR FRAUD-BASED WEB

 8  SITES.--A person or a business entity may not, by means of a

 9  web page, electronic mail message, or other use of the

10  Internet, solicit, request, or take any action to induce a

11  computer user to provide personal identification information

12  by representing that the person or business entity soliciting

13  or requesting the information, either directly or by

14  implication, is an on-line business, unless the person or

15  entity has the authority and approval of the on-line business

16  to make that representation.

17         (4)  PROTECTION AGAINST DECEPTIVE ACTS OR PRACTICES

18  RELATING TO SPYWARE.--A business entity or person who is not

19  the authorized user of a computer may not engage in deceptive

20  acts or practices that involve any of the following conduct

21  with respect to the computer:

22         (a)  Taking control of the computer by:

23         1.  Using the computer to send unsolicited information

24  or material from the computer to others;

25         2.  Diverting the Internet browser of the computer or

26  any similar program of the computer used to access and

27  navigate the Internet:

28         a.  Away from the site the authorized user intended to

29  view to one or more other web pages, such that the user is

30  prevented from viewing the content at the intended web page;

31  and

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1         b.  Without permission of the authorized user of the

 2  computer, unless the diverting is otherwise authorized;

 3         3.  Accessing or using the modem or Internet connection

 4  or service for the computer and thereby causing damage to the

 5  computer or causing the authorized user to incur unanticipated

 6  financial charges;

 7         4.  Using the computer as part of an activity performed

 8  by a group of computers to cause damage to another computer;

 9  or

10         5.  Delivering advertisements that a user of the

11  computer cannot close without turning off the computer or

12  closing all sessions of the Internet browser for the computer.

13         (b)  Modifying settings related to use of the computer

14  or to the computer's access to or use of the Internet by

15  altering:

16         1.  The web page that appears when the authorized user

17  launches an Internet browser or similar program used to access

18  and navigate the Internet;

19         2.  The default provider used to access or search the

20  Internet, or other existing Internet connections settings;

21         3.  A list of bookmarks used by the computer to access

22  web pages; or

23         4.  Security or other settings of the computer which

24  protect information about the authorized user for the purposes

25  of causing damage or harm to the computer or its owner or

26  user.

27         (c)  Collecting personal identification information

28  through the use of a keystroke logging function.

29         (d)  Inducing the authorized user to install a computer

30  software component onto the computer, or preventing reasonable

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  efforts to block the installation or execution of, or to

 2  disable, a computer software component by:

 3         1.  Presenting the authorized user with an option to

 4  decline installation of a software component such that, when

 5  the option is selected by the owner or authorized user, the

 6  installation nevertheless proceeds; or

 7         2.  Causing a computer software component that the

 8  authorized user has properly removed or disabled to

 9  automatically reinstall or reactivate on the computer.

10         (e)  Misrepresenting that installing a separate

11  software component or providing log-in and password

12  information is necessary for security or privacy reasons, or

13  that installing a separate software component is necessary to

14  open, view, or play a particular type of content.

15         (f)  Inducing the authorized user to install or execute

16  computer software by misrepresenting the identity or authority

17  of the person or business entity providing the computer

18  software to the user.

19         (g)  Inducing the authorized user to provide personal

20  identification, password, or account information to another

21  person:

22         1.  By misrepresenting the identify of the person

23  seeking the information; or

24         2.  Without the authority of that user's intended

25  recipient of the information.

26         (h)  Removing, disabling, or rendering inoperative a

27  security, anti-spyware, or anti-virus technology installed on

28  the computer.

29         (i)  Installing or executing on the computer one or

30  more additional computer software components with the intent

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  of causing a person to use the components in a way that

 2  violates any other provision of this section.

 3         (5)  PROHIBITION OF COLLECTION OF CERTAIN INFORMATION

 4  WITHOUT NOTICE AND CONSENT.--

 5         (a)  Except as provided in paragraph (e), a business

 6  entity or person may not:

 7         1.  Transmit to a computer, which is not owned by that

 8  business entity or person and for which that business entity

 9  or person is not an authorized user, any

10  information-collection program, unless the

11  information-collection program provides notice in accordance

12  with paragraph (c) before execution of any of the

13  information-collection functions of the program; or

14         2.  Execute any information-collection program

15  installed on the computer unless before execution of any of

16  the information-collection functions of the program the

17  authorized user of the computer has consented to the execution

18  under notice in accordance with paragraph (c).

19         (b)  For purposes of this subsection, the term

20  "information-collection program" means computer software that:

21         1.  Collects personal identifying information and sends

22  that information to a person other than the authorized user of

23  the computer or uses that information to deliver advertising

24  to, or display advertising on, the computer; or

25         2.  Collects information regarding the web pages

26  accessed using the computer and uses that information to

27  deliver advertising to, or display advertising on, the

28  computer.

29         (c)  The notice required by this subsection with

30  respect to an information-collection program must be clear and

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  conspicuous, must be given in plan language, and must satisfy

 2  all of the following:

 3         1.  The notice must be clearly distinguishable from any

 4  other information visually presented contemporaneously on the

 5  protected computer.

 6         2.  The notice must contain one of the following

 7  statements, as applicable, or a substantially similar

 8  statement:

 9         a.  With respect to an information-collection program

10  described in subparagraph (b)1.: "This program will collect

11  and transmit information about you. Do you accept?"

12         b.  With respect to an information-collection program

13  described in subparagraph (b)2.: "This program will collect

14  information about web pages you access and will use that

15  information to display advertising on your computer. Do you

16  accept?"

17         c.  With respect to an information-collection program

18  that performs the actions described in both subparagraphs

19  (b)1. and 2.: "This program will collect and transmit

20  information about you and your computer use and will collect

21  information about web pages you access and will use that

22  information to display advertising on your computer. Do you

23  accept?"

24         3.  The notice must allow the user to:

25         a.  Grant or deny consent by selecting an option to

26  grant or deny consent; and

27         b.  Abandon or cancel the transmission or execution

28  referred to in paragraph (a) without granting or denying

29  consent.

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1         4.  The notice must allow the user to select to display

 2  on the computer, before granting or denying consent using the

 3  option required under subparagraph 3., a clear description of:

 4         a.  The types of information to be collected and sent,

 5  if any, by the information-collection program;

 6         b.  The purpose for which the information is to be

 7  collected and sent; and

 8         c.  In the case of an information-collection program

 9  that first executes any of the information-collection

10  functions of the program upon the next execution of other

11  computer software, the identity of that other computer

12  software.

13         5.  The notice must provide for concurrent display of

14  the information required under subparagraphs 2. and 3. and the

15  option required under subparagraph 4. until the user:

16         a.  Grants or denies consent using the option required

17  under sub-subparagraph 3.a.;

18         b.  Abandons or cancels the transmission or execution

19  pursuant to sub-subparagraph 3.b.; or

20         c.  Selects the option required under subparagraph 4.

21         (d)  If an authorized user has granted consent to the

22  execution of an information-collection program under a notice

23  given in compliance with this subsection, no subsequent notice

24  is required. However, the person who transmitted the program

25  shall provide another notice in accordance with this

26  subsection and obtain consent before the program may be used

27  to collect or send information of a type or for a purpose that

28  is materially different from, and outside the scope of, the

29  type or purpose set forth in any previous notice.

30         (6)  PENALTIES.--A business entity or person who

31  violates this section commits a deceptive and unfair trade

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1  practice in violation of part II of chapter 501, Florida

 2  Statutes, and is subject to the penalties and remedies

 3  provided by that chapter.

 4         (7)  CIVIL REMEDIES.--

 5         (a)  A computer user, including an individual who is

 6  engaged in the business of providing Internet access service

 7  or who owns a web page or trademark, whose property or person

 8  is injured as a result of a violation of this section may:

 9         1.  Institute a civil action to enjoin and restrain

10  future violations of this section and to recover actual

11  losses, lost wages, attorney's fees, and other costs incurred

12  by the computer user or resulting from the misappropriation of

13  the personal identification information of the computer user.

14         2.  Bring a civil suit for damages in an amount of up

15  to $5,000 for each incident, or three times the amount of

16  actual damages, whichever amount is greater. The court, in an

17  action brought under this subparagraph, may award reasonable

18  attorney's fees to the prevailing party.

19         (b)  The venue for a civil action brought under this

20  subsection shall be the county in which the plaintiff resides

21  or in any county in which any part of the alleged violation of

22  this section took place, regardless of whether the defendant

23  was ever actually present in that county. A civil action filed

24  under this subsection must be brought within 5 years after the

25  violation occurred.

26         (c)  A civil action may be filed under this subsection

27  regardless of whether there is any criminal prosecution for

28  the acts that are the subject of the civil action. The rights

29  and remedies provided by this subsection are in addition to

30  any other rights and remedies provided by law.

31         Section 2.  This act shall take effect July 1, 2005.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2162
    24-163-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits a person or a business entity from using the
      Internet to solicit, request, or take any action to
 4    induce a computer user to provide personal identification
      information by fraudulently representing that the person
 5    or business is an on-line business. Provides an
      exception. Prohibits a business entity or person who is
 6    not the authorized user of a computer from engaging in
      certain specified deceptive acts or practices that
 7    involve a computer. Prohibits a person or business entity
      from collecting certain information without giving notice
 8    and obtaining the consent of the authorized user of the
      computer. Provides that a business entity or person who
 9    violates the act commits a deceptive and unfair trade
      practice in violation of part II of ch. 501, F.S.
10    Authorizes a computer user to file a civil action for
      violations of the act.
11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.