2016 -- S 2584 ======== LC004519 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2016 ____________ AN ACT 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: 1 2 SECTION 1. Section 11-52-1 of the General Laws in Chapter 11-52 entitled "Computer Crime" is hereby amended to read as follows: 3 11-52-1. Definitions. -- As used in this chapter: 4 (1) "Access" means to approach, instruct, communicate with, store data in, enter data in, 5 retrieve data from, or otherwise make use of any resources of, a computer, computer system, or 6 computer network. 7 (2) "Computer" means an electronic, magnetic, optical, hydraulic or organic device or 8 group of devices which, pursuant to a computer program, to human instruction, or to permanent 9 instructions contained in the device or group of devices, can automatically perform computer 10 operations with or on computer data and can communicate the results to another computer or to a 11 person. The term "computer" includes any connected or directly related device, equipment, or 12 facility which enables the computer to store, retrieve or communicate computer programs, 13 computer data or the results of computer operations to or from a person, another computer or 14 another device. 15 (3) "Computer data" means any representation of information, knowledge, facts, 16 concepts, or instructions which is being prepared or has been prepared and is intended to be 17 processed, is being processed, or has been processed in a computer or computer network. 18 "Computer data" may be in any form, whether readable only by a computer or only by a human 19 or by either, including, but not limited to, computer printouts, magnetic storage media, punched 1 cards, or data stored internally in the memory of the computer. 2 (4) "Computer network" means a set of related, remotely connected devices and any 3 communications facilities including more than one computer with the capability to transmit data 4 among them through the communications facilities. 5 (5) "Computer operation" means arithmetic, logical, monitoring, storage or retrieval 6 functions and any combination of them, and includes, but is not limited to, communication with, 7 storage of data to, or retrieval of data from any device or human hand manipulation of electronic 8 or magnetic impulses. A "computer operation" for a particular computer may also be any function 9 for which that computer was generally designed. 10 (6) "Computer program" means a series of instructions or statements or related data that, 11 in actual or modified form, is capable of causing a computer or a computer system to perform 12 specified functions in a form acceptable to a computer, which permits the functioning of a 13 computer system in a manner designed to provide appropriate products from the computer 14 systems. 15 (7) "Computer services" includes computer time or services, data processing services, 16 Internet service providers' networks and facilities located in the state or information or data stored 17 in connection with them. 18 (8) "Computer software" means a set of computer programs, procedures, and associated 19 documentation concerned with the operation of a computer, computer program or computer 20 network. 21 22 (9) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, and software. 23 (10) "Confidential Information" means data that is protected from disclosure on a 24 computer, computer program, computer system or computer network and that the computer, 25 computer program, computer system or computer network does not transmit or disclose unless 26 initiated by the owner of such computer, computer program, computer system or computer 27 network. 28 (10)(11) "Data" means any representation of information, knowledge, facts, concepts, or 29 instructions which are being prepared or have been prepared and are intended to be entered, 30 processed, or stored, are being entered, processed, or stored or have been entered, processed, or 31 stored in a computer, computer system, or computer network. 32 (11)(12) "Electronic mail service provider" means any business or organization qualified 33 to do business in the state of Rhode Island that provides registered users the ability to send or 34 receive electronic mail through equipment located in this state and that is an intermediary in LC004519 - Page 2 of 5 1 sending or receiving electronic mail. 2 (12)(13) "Financial instrument" includes, but is not limited to, any check, draft, warrant, 3 money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card 4 transaction authorization mechanism, marketable security, or any computerized representation of 5 any of these. 6 7 8 9 (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. 10 (15)(16) "Property" includes, but is not limited to: 11 (i) Real property; 12 (ii) Computers and computer networks; 13 (iii) Financial instruments, computer data, computer programs, computer software and 14 all other personal property regardless of whether they are: 15 (A) Tangible or intangible; 16 (B) In a format readable by humans or by a computer; 17 (C) In transit between computers or within a computer network or between any devices 18 19 20 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 21 (E) Computer services. 22 (iv) A person "uses" a computer or computer network when he or she: 23 (A) Attempts to cause or causes a computer or computer network to perform or to stop 24 25 26 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 27 (C) Attempts to cause or causes another person to put false information into a computer. 28 (v) A person is "without authority" when: (A) he or she has no right or permission of the 29 owner to use a computer, or, he or she uses a computer in a manner exceeding his or her right or 30 permission or (B) he or she uses an Internet service e-mail system offered by a Rhode Island 31 based Internet service provider in contravention of the authority granted by or in violation of the 32 policies set by the Internet service provider. 33 34 (vi) Transmission of electronic mail from an organization to its members shall not be deemed to be unsolicited bulk electronic mail. LC004519 - Page 3 of 5 1 2 3 4 5 6 (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. SECTION 2. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby amended by adding thereto the following section: 7 11-52-3.1. Unauthorized access to confidential information. -- (a) Whoever 8 intentionally and without authorization or in excess of one's authorization, directly or indirectly 9 accesses a computer, computer program, computer system, or computer network with the intent to 10 either view, obtain, copy, print or download any confidential information contained in or stored 11 on such computer, computer program, computer system, or computer network, shall be guilty of a 12 felony and shall be subject to the penalties set forth in §11-52-5. 13 (b) Nothing in this section shall apply to any monitoring of, or interaction with, a 14 subscriber's internet or other network connection or service, or a computer, by a 15 telecommunications carrier, cable operator, computer hardware or software provider, or provider 16 of information service or interactive computer service for network or computer security purposes, 17 diagnostics, technical support, repair, advertising, authorized updates of software or system 18 firmware, authorized remove system management, providing, operating, or improving a serviced 19 used, requested, or authorized by an individual, or detection or prevention of the authorized use of 20 or fraudulent or other illegal activities in connection with a network, service, or computer 21 software. 22 (c) Nothing in this section may be construed to provide a basis for a private right of 23 action against an interactive computer service, as defined in 47 U.S.C. §270, or a 24 telecommunications carrier as used by another person to violate this section, for content provided 25 by such person or by another information content provider. 26 SECTION 3. This act shall take effect upon passage. ======== LC004519 ======== LC004519 - Page 4 of 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF AN ACT RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME *** 1 This act would define confidential information and prohibit the intentional and 2 unauthorized access to another's computer, computer system or network with the intent to view, 3 save, copy or download the confidential information contained therein. Violation of this act 4 would constitute a felony and would be punishable pursuant to §11-52-5. 5 This act would take effect upon passage. ======== LC004519 ======== LC004519 - Page 5 of 5