2016 -- S 2584

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LC004519

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME

     

     Introduced By: Senators Lombardi, Archambault, Conley, Nesselbush, and Pagliarini

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-52-1 of the General Laws in Chapter 11-52 entitled "Computer

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Crime" is hereby amended to read as follows:

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     11-52-1. Definitions. -- As used in this chapter:

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      (1) "Access" means to approach, instruct, communicate with, store data in, enter data in,

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retrieve data from, or otherwise make use of any resources of, a computer, computer system, or

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computer network.

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      (2) "Computer" means an electronic, magnetic, optical, hydraulic or organic device or

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group of devices which, pursuant to a computer program, to human instruction, or to permanent

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instructions contained in the device or group of devices, can automatically perform computer

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operations with or on computer data and can communicate the results to another computer or to a

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person. The term "computer" includes any connected or directly related device, equipment, or

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facility which enables the computer to store, retrieve or communicate computer programs,

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computer data or the results of computer operations to or from a person, another computer or

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another device.

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      (3) "Computer data" means any representation of information, knowledge, facts,

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concepts, or instructions which is being prepared or has been prepared and is intended to be

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processed, is being processed, or has been processed in a computer or computer network.

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"Computer data" may be in any form, whether readable only by a computer or only by a human

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or by either, including, but not limited to, computer printouts, magnetic storage media, punched

 

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cards, or data stored internally in the memory of the computer.

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      (4) "Computer network" means a set of related, remotely connected devices and any

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communications facilities including more than one computer with the capability to transmit data

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among them through the communications facilities.

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      (5) "Computer operation" means arithmetic, logical, monitoring, storage or retrieval

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functions and any combination of them, and includes, but is not limited to, communication with,

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storage of data to, or retrieval of data from any device or human hand manipulation of electronic

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or magnetic impulses. A "computer operation" for a particular computer may also be any function

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for which that computer was generally designed.

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      (6) "Computer program" means a series of instructions or statements or related data that,

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in actual or modified form, is capable of causing a computer or a computer system to perform

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specified functions in a form acceptable to a computer, which permits the functioning of a

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computer system in a manner designed to provide appropriate products from the computer

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systems.

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      (7) "Computer services" includes computer time or services, data processing services,

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Internet service providers' networks and facilities located in the state or information or data stored

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in connection with them.

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      (8) "Computer software" means a set of computer programs, procedures, and associated

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documentation concerned with the operation of a computer, computer program or computer

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network.

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      (9) "Computer system" means a set of related, connected or unconnected, computer

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equipment, devices, and software.

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     (10) "Confidential Information" means data that is protected from disclosure on a

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computer, computer program, computer system or computer network and that the computer,

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computer program, computer system or computer network does not transmit or disclose unless

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initiated by the owner of such computer, computer program, computer system or computer

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network.

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     (10)(11) "Data" means any representation of information, knowledge, facts, concepts, or

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instructions which are being prepared or have been prepared and are intended to be entered,

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processed, or stored, are being entered, processed, or stored or have been entered, processed, or

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stored in a computer, computer system, or computer network.

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      (11)(12) "Electronic mail service provider" means any business or organization qualified

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to do business in the state of Rhode Island that provides registered users the ability to send or

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receive electronic mail through equipment located in this state and that is an intermediary in

 

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sending or receiving electronic mail.

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      (12)(13) "Financial instrument" includes, but is not limited to, any check, draft, warrant,

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money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card

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transaction authorization mechanism, marketable security, or any computerized representation of

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any of these.

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      (13)(14) "Owner" means an owner or lessee of a computer or a computer network or an

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owner, lessee, or licensee of computer data, computer programs, or computer software.

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      (14)(15) "Person" shall include any individual, partnership, association, corporation or

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joint venture.

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      (15)(16) "Property" includes, but is not limited to:

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      (i) Real property;

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      (ii) Computers and computer networks;

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      (iii) Financial instruments, computer data, computer programs, computer software and

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all other personal property regardless of whether they are:

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      (A) Tangible or intangible;

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      (B) In a format readable by humans or by a computer;

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      (C) In transit between computers or within a computer network or between any devices

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which comprise a computer; or

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      (D) Located on any paper or in any device on which it is stored by a computer or by a

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human; and

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      (E) Computer services.

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      (iv) A person "uses" a computer or computer network when he or she:

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      (A) Attempts to cause or causes a computer or computer network to perform or to stop

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performing computer operations;

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      (B) Attempts to cause or causes the withholding or denial of the use of a computer,

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computer network, computer program, computer data or computer software to another user; or

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      (C) Attempts to cause or causes another person to put false information into a computer.

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      (v) A person is "without authority" when: (A) he or she has no right or permission of the

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owner to use a computer, or, he or she uses a computer in a manner exceeding his or her right or

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permission or (B) he or she uses an Internet service e-mail system offered by a Rhode Island

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based Internet service provider in contravention of the authority granted by or in violation of the

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policies set by the Internet service provider.

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      (vi) Transmission of electronic mail from an organization to its members shall not be

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deemed to be unsolicited bulk electronic mail.

 

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      (16)(17) "Services" includes, but is not limited to, computer time, data processing, and

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storage functions.

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      (17)(18) "Source document" means an original document or record which forms the

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basis of every electronic entry put into a computer, computer system, or computer network.

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     SECTION 2. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby

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amended by adding thereto the following section:

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     11-52-3.1. Unauthorized access to confidential information. -- (a) Whoever

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intentionally and without authorization or in excess of one's authorization, directly or indirectly

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accesses a computer, computer program, computer system, or computer network with the intent to

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either view, obtain, copy, print or download any confidential information contained in or stored

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on such computer, computer program, computer system, or computer network, shall be guilty of a

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felony and shall be subject to the penalties set forth in §11-52-5.

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     (b) Nothing in this section shall apply to any monitoring of, or interaction with, a

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subscriber's internet or other network connection or service, or a computer, by a

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telecommunications carrier, cable operator, computer hardware or software provider, or provider

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of information service or interactive computer service for network or computer security purposes,

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diagnostics, technical support, repair, advertising, authorized updates of software or system

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firmware, authorized remove system management, providing, operating, or improving a serviced

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used, requested, or authorized by an individual, or detection or prevention of the authorized use of

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or fraudulent or other illegal activities in connection with a network, service, or computer

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software.

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     (c) Nothing in this section may be construed to provide a basis for a private right of

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action against an interactive computer service, as defined in 47 U.S.C. §270, or a

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telecommunications carrier as used by another person to violate this section, for content provided

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by such person or by another information content provider.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME

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     This act would define confidential information and prohibit the intentional and

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unauthorized access to another's computer, computer system or network with the intent to view,

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save, copy or download the confidential information contained therein. Violation of this act

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would constitute a felony and would be punishable pursuant to §11-52-5.

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     This act would take effect upon passage.

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