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A bill to be entitled

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An act relating to offenses against computer users;

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amending s. 815.03, F.S.; defining the term "spyware";

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amending s. 815.06, F.S.; providing that whoever

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willfully, knowingly, and without authorization introduces

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any computer contaminant, including spyware, into any

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computer, computer system, computer program, or computer

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network commits an offense against computer users, a

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felony of the third degree; providing enhanced criminal

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penalties under certain circumstances; providing an

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effective date.

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

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     Section 1.  Subsection (3) of section 815.03, Florida

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Statutes, is amended, and subsection (12) is added to that

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section, to read:

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     815.03  Definitions.--As used in this chapter, unless the

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context clearly indicates otherwise:

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     (3)  "Computer contaminant" means any set of computer

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

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transmit information within a computer, computer system, or

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computer network without the intent or permission of the owner of

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

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group of computer instructions commonly called viruses or worms

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

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designed to contaminate other computer programs or computer data;

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consume computer resources; modify, destroy, record, or transmit

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data; or in some other fashion usurp the normal operation of the

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computer, computer system, or computer network and includes

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spyware.

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     (12) "Spyware" means computer instructions or software

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installed into a computer, computer program, computer system, or

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computer network which, without the informed consent of the

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operator:

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     (a) Monitors the use of a computer, computer program,

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computer system, or computer network.

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     (b) Allows a person or software to control the operator's

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computer from another computer or electronic device.

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     Section 2.  Subsection (1) of section 815.06, Florida

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Statutes, is amended to read:

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     815.06  Offenses against computer users.--

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     (1)  Whoever willfully, knowingly, and without

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authorization:

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     (a)  Accesses or causes to be accessed any computer,

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computer system, or computer network;

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     (b)  Disrupts or denies or causes the denial of computer

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system services to an authorized user of such computer system

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services, which, in whole or part, is owned by, under contract

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to, or operated for, on behalf of, or in conjunction with

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another;

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     (c)  Destroys, takes, injures, or damages equipment or

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supplies used or intended to be used in a computer, computer

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system, or computer network;

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     (d)  Destroys, injures, or damages any computer, computer

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system, or computer network; or

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     (e) Introduces any computer contaminant or spyware into any

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computer, computer system, or computer network,

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commits an offense against computer users.

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     Section 3.  This act shall take effect July 1, 2008.