Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 222
       
       
       
       
       
       
                                Ì807090ÊÎ807090                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2015           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Hukill) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 41 - 90
    4  and insert:
    5         (1) “Authorized user” means, with respect to a protected
    6  computer:
    7         (a) A director, officer, or employee of the owner,
    8  operator, or lessee of the computer or the owner of information
    9  stored in the protected computer.
   10         (b) A third-party agent, contractor, consultant, or
   11  employee of the owner, operator, or lessee of the computer or
   12  the owner of information stored in the protected computer if the
   13  third-party agent, contractor, consultant, or employee is
   14  granted access to the protected computer by the owner, operator,
   15  or lessee of the protected computer or by the owner of
   16  information stored in such protected computer in the form of a
   17  technological access barrier.
   18  
   19  If the owner, operator, or lessee of the computer or the owner
   20  of information stored in the protected computer provides a
   21  third-party agent, contractor, consultant, or employee with a
   22  technological access barrier within the scope of his or her
   23  employment, the owner, operator, or lessee of the computer or
   24  the owner of information stored in the protected computer gives
   25  explicit permission to the third-party agent, contractor,
   26  consultant, or employee to use the technological access barrier
   27  and establishes the third-party agent, contractor, consultant,
   28  or employee as an authorized user. Such permission, however, is
   29  terminated upon cessation of his or her employment.
   30         (2) “Business” means any trade or business regardless of
   31  its for-profit or not-for-profit status.
   32         (3) “Computer” means an electronic, magnetic, optical,
   33  electrochemical, or other high-speed data processing device that
   34  performs logical, arithmetic, or storage functions and includes
   35  any data storage facility, data storage device, or
   36  communications facility directly related to, or operating in
   37  conjunction with, the device.
   38         (4) “Harm” means any impairment to the integrity, access,
   39  or availability of data, programs, systems, or information.
   40         (5) “Loss” means any of the following:
   41         (a) Any reasonable cost incurred by the owner, operator, or
   42  lessee of a protected computer or the owner of stored
   43  information, including the reasonable cost of conducting a
   44  damage assessment for harm associated with the violation and the
   45  reasonable cost for remediation efforts, such as restoring the
   46  data, programs, systems, or information to the condition it was
   47  in before the violation.
   48         (b) Economic damages.
   49         (c) Lost profits.
   50         (d) Consequential damages, including the interruption of
   51  service.
   52         (e) Profits earned by a violator as a result of the
   53  violation.
   54         (6) “Protected computer” means a computer that is used in
   55  connection with the operation of a business and stores
   56  information, programs, or code in connection with the operation
   57  of the business in which the stored information, programs, or
   58  code can be accessed only by employing a technological access
   59  barrier.
   60         (7) “Technological access barrier” means a password,
   61  security code, token, key fob, access device, or similar
   62  measure.
   63         (8) “Traffic” means to sell, purchase, or deliver.
   64         (9) “Without authorization” means access to a protected
   65  computer by a person who:
   66         (a) Is not an authorized user;
   67         (b) Has stolen a technological access barrier of an
   68  authorized user; or
   69         (c) Circumvents a technological access barrier on a
   70  protected computer without the express or implied permission of
   71  the owner, operator, or lessee of the computer or the express or
   72  implied permission of the owner of information stored in the
   73  protected computer. The term does not include circumventing a
   74  technological measure that does not effectively control access
   75  to the protected computer or the information stored in the
   76  protected computer.
   77         Section 2. Section 668.803, Florida Statutes, is created to
   78  read:
   79         668.803 Prohibited acts.—A person who knowingly and with
   80  intent to cause harm or loss:
   81         (1) Obtains information from a protected computer without
   82  authorization and, as a result, causes harm or loss;
   83         (2) Causes the transmission of a program, code, or command
   84  to a protected computer without authorization and, as a result