Assembly Bill A3658

2009-2010 Legislative Session

Establishes the crime of unlawful use of spyware and malware

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3658 (ACTIVE) - Details

See Senate Version of this Bill:
S137
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §156.40, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1670
2013-2014: S244
2015-2016: S4057

2009-A3658 (ACTIVE) - Summary

Establishes the crime of unlawful use of spyware and malware; unlawful use of spyware and malware is a class A misdemeanor, provided, however, that unlawful use of spyware and malware by a person who has been previously convicted within the last five years of having violated this section is a class E felony.

2009-A3658 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3658

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. TOWNS -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  unlawful use of spyware and malware

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 156.40  to
read as follows:
S 156.40 UNLAWFUL USE OF SPYWARE AND MALWARE.
  1. A PERSON IS GUILTY OF UNLAWFUL USE OF SPYWARE AND MALWARE WHEN SUCH
PERSON  OR ENTITY THAT IS NOT AN AUTHORIZED USER, AS DEFINED IN SUBDIVI-
SION FOUR OF THIS SECTION, WITH ACTUAL KNOWLEDGE, WITH CONSCIOUS  AVOID-
ANCE  OF  ACTUAL KNOWLEDGE, OR WILLFULLY, CAUSES COMPUTER SOFTWARE TO BE
COPIED ONTO THE COMPUTER OF A CONSUMER IN THIS STATE AND USES THE  SOFT-
WARE TO DO ANY OF THE FOLLOWING:
  (A)  MODIFY, THROUGH INTENTIONALLY DECEPTIVE MEANS, ANY OF THE FOLLOW-
ING SETTINGS RELATED TO THE COMPUTER'S ACCESS TO, OR USE OF, THE  INTER-
NET:
  (1) THE PAGE THAT APPEARS WHEN AN AUTHORIZED USER LAUNCHES AN INTERNET
BROWSER  OR  SIMILAR  SOFTWARE  PROGRAM  USED TO ACCESS AND NAVIGATE THE
INTERNET.
  (2) THE DEFAULT PROVIDER OR WEB PROXY  THE  AUTHORIZED  USER  USES  TO
ACCESS OR SEARCH THE INTERNET.
  (3) THE AUTHORIZED USER'S LIST OF BOOKMARKS USED TO ACCESS WEB PAGES.
  (B)  COLLECT,  THROUGH INTENTIONALLY DECEPTIVE MEANS, PERSONALLY IDEN-
TIFIABLE INFORMATION THAT MEETS ANY OF THE FOLLOWING CRITERIA:
  (1) IT IS COLLECTED THROUGH THE USE OF  A  KEYSTROKE-LOGGING  FUNCTION
THAT  RECORDS  ALL  KEYSTROKES  MADE  BY AN AUTHORIZED USER WHO USES THE
COMPUTER AND TRANSFERS THAT INFORMATION FROM  THE  COMPUTER  TO  ANOTHER
PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02018-01-9

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