| 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, a |
| 9 | felony of the third degree; providing enhanced criminal |
| 10 | penalties under certain circumstances; providing an |
| 11 | effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Subsection (3) of section 815.03, Florida |
| 16 | Statutes, is amended, and subsection (12) is added to that |
| 17 | section, to read: |
| 18 | 815.03 Definitions.--As used in this chapter, unless the |
| 19 | context clearly indicates otherwise: |
| 20 | (3) "Computer contaminant" means any set of computer |
| 21 | instructions designed to modify, damage, destroy, record, or |
| 22 | transmit information within a computer, computer system, or |
| 23 | computer network without the intent or permission of the owner |
| 24 | of the information. The term includes, but is not limited to, a |
| 25 | group of computer instructions commonly called viruses or worms |
| 26 | which are self-replicating or self-propagating and which are |
| 27 | designed to contaminate other computer programs or computer |
| 28 | data; consume computer resources; modify, destroy, record, or |
| 29 | transmit data; or in some other fashion usurp the normal |
| 30 | operation of the computer, computer system, or computer network |
| 31 | and includes spyware. |
| 32 | (12) "Spyware" means computer instructions or software |
| 33 | installed into a computer, computer program, computer system, or |
| 34 | computer network which, without the informed consent of the |
| 35 | operator: |
| 36 | (a) Monitors the use of a computer, computer program, |
| 37 | computer system, or computer network. |
| 38 | (b) Allows a person or software to control the operator's |
| 39 | computer from another computer or electronic device. |
| 40 | Section 2. Subsection (1) of section 815.06, Florida |
| 41 | Statutes, is amended to read: |
| 42 | 815.06 Offenses against computer users.-- |
| 43 | (1) Whoever willfully, knowingly, and without |
| 44 | authorization: |
| 45 | (a) Accesses or causes to be accessed any computer, |
| 46 | computer system, or computer network; |
| 47 | (b) Disrupts or denies or causes the denial of computer |
| 48 | system services to an authorized user of such computer system |
| 49 | services, which, in whole or part, is owned by, under contract |
| 50 | to, or operated for, on behalf of, or in conjunction with |
| 51 | another; |
| 52 | (c) Destroys, takes, injures, or damages equipment or |
| 53 | supplies used or intended to be used in a computer, computer |
| 54 | system, or computer network; |
| 55 | (d) Destroys, injures, or damages any computer, computer |
| 56 | system, or computer network; or |
| 57 | (e) Introduces any computer contaminant or spyware into |
| 58 | any computer, computer system, or computer network, |
| 59 |
|
| 60 | commits an offense against computer users. |
| 61 | Section 3. This act shall take effect July 1, 2008. |