2017 -- S 0592

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LC001243

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

     

     Introduced By: Senators Lombardi, McCaffrey, Archambault, Jabour, and Conley

     Date Introduced: March 15, 2017

     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.

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     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 computer data of a business, nonprofit, or

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government entity that is protected from disclosure on a computer, computer program, computer

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

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computer network does not transmit or disclose unless initiated by, or with the permission of, the

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owner of such computer, computer program, computer system or computer 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 all

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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 basis

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

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     (19) "White hat security research" means accessing a computer, computer system,

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computer network, computer software, computer program or data contained in a computer,

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computer system, computer program, or computer network, solely for purposes of good faith

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testing, investigation, identification, and/or correction of a security flaw or vulnerability, where

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such activity is carried out, and where the information derived from the activity is used, primarily

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to promote security or safety.

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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 the following section thereto:

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     11-52-3.1. Unauthorized access to confidential information.

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     (a) Whoever intentionally, without authority, directly or indirectly accesses a computer,

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computer program, computer system, or computer network with the intent to either view, obtain,

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copy, or download any confidential information contained in or stored on such computer,

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computer program, computer system, or computer network, shall be guilty of a felony and shall

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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 user or

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subscriber’s Internet or other network connection or service, or a computer, computer program,

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computer system, or computer network or computer data, by a telecommunications carrier, cable

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operator, white hat security researcher, computer hardware or software provider, or provider of

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information service or interactive computer service for purposes related to: network or computer

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

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system firmware, authorized remote system management, providing, operating, or improving a

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

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unauthorized use of or fraudulent or other illegal activities in connection with a network, service,

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or computer software.

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     SECTION 3. Nothing in this act may be construed to provide a basis for a private right

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of action against an interactive computer service, as defined in 47 U.S.C. §230, or a

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

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such person or by another information content provider.

 

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     SECTION 4. 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 prohibit unauthorized access to confidential information from a computer,

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computer program, computer system, or computer network with the intent to either view, obtain,

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copy, or download any confidential information. Violations would be a felony.

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     This act would take effect upon passage.

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