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:

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

Crime" is hereby amended to read as follows:

     11-52-1. Definitions.

     As used in this chapter:

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

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

computer network.

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

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

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

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

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

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

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

another device.

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

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

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

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

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

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

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

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

among them through the communications facilities.

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

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

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

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

for which that computer was generally designed.

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

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

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

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

systems.

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

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

in connection with them.

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

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

network.

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

equipment, devices, and software.

     (10) "Confidential information" means computer data of a business, nonprofit, or

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

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

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

owner of such computer, computer program, computer system or computer network.

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

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

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

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

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

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

sending or receiving electronic mail.

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

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

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

any of these.

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

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

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

joint venture.

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

     (i) Real property;

     (ii) Computers and computer networks;

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

other personal property regardless of whether they are:

     (A) Tangible or intangible;

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

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

which comprise a computer; or

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

human; and

     (E) Computer services.

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

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

performing computer operations;

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

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

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

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

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

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

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

policies set by the Internet service provider.

     (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.

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

storage functions.

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

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

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

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

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

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

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

to promote security or safety.

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

amended by adding the following section thereto:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

or computer software.

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

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

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

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,

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

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

     This act would take effect upon passage.

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