2019 -- H 5987

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LC002403

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

     Introduced By: Representatives Jackson, McNamara, Corvese, Noret, and Ackerman

     Date Introduced: April 11, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-52-1 and 11-52-7.1 of the General Laws in Chapter 11-52

entitled "Computer Crime" are 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) "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) "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

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

sending or receiving electronic mail.

     (12) "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

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any of these.

     (13) "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) "Person" shall include any individual, partnership, association, corporation or joint

venture.

     (15) "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

deemed to be unsolicited bulk electronic mail.

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

storage functions.

     (17) "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.

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     (18) "User account" means and includes any established relationship between a user and a

computer, network, website, or other information service.

     11-52-7.1. Online impersonation.

     (a) Definitions, as used in this section:

     (1) "Commercial social networking site" means a business, organization, or other similar

entity that operates a website and permits persons to become registered users for the purpose of

establishing personal relationships with other users through direct or real-time communication

with other users or the creation of web pages or profiles available to the public or to other users.

     (2) "Electronic mail" means an electronic mail message sent through the use of an

electronic mail program or a message board program.

     (3) "Identifying information" means information that alone, or in conjunction with other

information, identifies a person, including a person's:

     (i) Name, social security number, date of birth, or government-issued identification

number;

     (ii) Unique biometric data, including the person's fingerprint, voice print, or retina or iris

image;

     (iii) Unique electronic identification number, electronic mail address, routing code, or

financial institution account number; and

     (iv) Telecommunication identifying information or access device.

     (4) "Public official" means a person elected by the public, or elected or appointed by a

governmental body, or an appointed official in the executive, legislative, or judicial branch of the

state or any political subdivision thereof.

     (b) A person commits the crime of online impersonation if the person:

     (1) Uses the name or persona of another person to create a web page on or to post one or

more messages on a commercial social networking site or sends an electronic mail, instant

message, text message, or similar communication without obtaining the other person's consent

and with the intent to harm, defraud, intimidate, or threaten any person;

     (2) Sends an electronic mail, instant message, text message, or similar communication

that references a name, domain address, telephone number, or other item of identifying

information belonging to any person without obtaining the other person's consent with the intent

to cause a recipient of the communication to reasonably believe that the other person authorized

or transmitted the communication and with the intent to harm or defraud any person; or

     (3) Uses the name or persona of a public official to create a web page on, or to post one

or more messages on, a commercial social networking site or sends an electronic mail, instant

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message, text message, or similar communication without obtaining the public official's consent

and with the intent to induce another to submit to such pretended official authority, to solicit

funds, or otherwise to act in reliance upon that pretense to the other person's detriment.; or

     (4) Accesses the user account of another person, through the use of a password or other

unique identifier, without obtaining the other person's consent and with the intent of viewing or

using information maintained on any electronic database, website or account. For the purposes of

this section, each instance of accessing information in violation of this section shall constitute a

separate offense.

     (c) Every person convicted of an offense under this section shall be guilty of a

misdemeanor for the first offense and shall be subject to imprisonment not exceeding one year, a

fine of one thousand dollars ($1,000), or both, and an order of restitution as provided herein.

Every person convicted of a second or subsequent offense under this section shall be guilty of a

felony and shall be subject to imprisonment not exceeding three (3) years, a fine of three

thousand dollars ($3,000), or both, and an order of restitution as provided herein.

     (d) Every person convicted of an offense under this section shall be subject to an order

for restitution, if appropriate, which shall be in addition to any other applicable penalty.

     SECTION 2. 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

***

     This act would criminalize accessing the user account of another person without consent

for the purpose of viewing or using information maintained on any electronic database, website or

account with each instance constituting a separate offense.

     This act would take effect upon passage.

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