1 | A bill to be entitled |
2 | An act relating to data theft; amending s. 815.04, F.S.; |
3 | providing that the knowing or negligent transfer of data |
4 | from one computer to another without the written consent |
5 | of the owner in the course of providing computer |
6 | maintenance or support is an offense against |
7 | intellectual property, a third-degree felony; defining |
8 | the term "negligently" for purposes of such offense; |
9 | providing for civil liability of the person performing |
10 | the maintenance or support and his or her employer; |
11 | providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Section 815.04, Florida Statutes, is amended |
16 | to read: |
17 | 815.04 Offenses against intellectual property; public |
18 | records exemption.-- |
19 | (1)(a) Whoever willfully, knowingly, and without |
20 | authorization modifies data, programs, or supporting |
21 | documentation residing or existing internal or external to a |
22 | computer, computer system, or computer network commits an |
23 | offense against intellectual property. |
24 | (b)(2) Whoever willfully, knowingly, and without |
25 | authorization destroys data, programs, or supporting |
26 | documentation residing or existing internal or external to a |
27 | computer, computer system, or computer network commits an |
28 | offense against intellectual property. |
29 | (2)(a) Whoever, in the course of providing computer |
30 | maintenance or support to a customer, knowingly or negligently |
31 | transfers personal data from one computer to another without |
32 | the express written permission of the data owner commits an |
33 | offense against intellectual property. In addition to criminal |
34 | penalties, the person performing the maintenance or support |
35 | and his or her employer are subject to civil liability for a |
36 | violation of this subsection. An injured customer has a cause |
37 | of action for damages as provided in s. 772.104. |
38 | (b) For purposes of this subsection, the term |
39 | "negligently" means transferring data without taking the |
40 | proper precautions to ensure that an unauthorized transfer |
41 | does not occur or failing to take appropriate measures |
42 | following maintenance or support to ensure that an |
43 | unauthorized data transfer does not occur. |
44 | (3)(a) Data, programs, or supporting documentation which |
45 | is a trade secret as defined in s. 812.081 which resides or |
46 | exists internal or external to a computer, computer system, or |
47 | computer network which is held by an agency as defined in |
48 | chapter 119 is confidential and exempt from the provisions of |
49 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
50 | (b) Whoever willfully, knowingly, and without |
51 | authorization discloses or takes data, programs, or supporting |
52 | documentation which is a trade secret as defined in s. 812.081 |
53 | or is confidential as provided by law residing or existing |
54 | internal or external to a computer, computer system, or |
55 | computer network commits an offense against intellectual |
56 | property. |
57 | (4)(a) Except as otherwise provided in this subsection, |
58 | an offense against intellectual property is a felony of the |
59 | third degree, punishable as provided in s. 775.082, s. |
60 | 775.083, or s. 775.084. |
61 | (b) If the offense is committed for the purpose of |
62 | devising or executing any scheme or artifice to defraud or to |
63 | obtain any property, then the offender commits is guilty of a |
64 | felony of the second degree, punishable as provided in s. |
65 | 775.082, s. 775.083, or s. 775.084. |
66 | Section 2. This act shall take effect July 1, 2008. |