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Assembly Bill A1758

2009-2010 Legislative Session

Creates the crime of unlawful dissemination of spyware

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

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2009-A1758 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง156.40, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A2658

2009-A1758 (ACTIVE) - Summary

Creates the crime of unlawful dissemination of spyware and establishes such crime as a class A misdemeanor; expands eavesdropping to include information that is intercepted by the use of spyware; requires an authorization agreement to be provided to a computer user by a person or entity that provides software for download.

2009-A1758 (ACTIVE) - Bill Text download pdf 

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

                                  1758

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. MORELLE, HOYT -- Multi-Sponsored by -- M. of A.
  KOON -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  unlawful dissemination of spyware

  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 DISSEMINATION OF SPYWARE.
  1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF SPYWARE WHEN HAVING
NO  RIGHT  TO  DO SO, HE OR SHE INSTALLS AN EXECUTABLE COMPUTER PROGRAM,
INCLUDING BUT NOT LIMITED  TO  A  KEYLOGGING  PROGRAM,  THAT  EMPLOYS  A
COMPUTER  USER'S  INTERNET  CONNECTION WITHOUT THE COMPUTER USER'S KNOW-
LEDGE OR EXPLICIT AUTHORIZATION AND SUCH COMPUTER  PROGRAM  GATHERS  AND
TRANSMITS PERSONAL INFORMATION OR DATA OF A COMPUTER USER.
  2.  AUTHORIZATION  SHALL  ONLY  BE GRANTED BY THE OWNER OF A COMPUTER,
LESSOR OF A COMPUTER, OR, IF THE OWNER OR LESSOR OF A COMPUTER  IS  LESS
THAN  EIGHTEEN  YEARS  OF AGE, BY THE PARENT OR GUARDIAN OF SUCH PERSON.
AUTHORIZATION MAY ALSO BE GRANTED BY AN END USER AGREEMENT THAT A PERSON
ESTABLISHED AS AN AUTHORIZED  USER  PURSUANT  TO  THIS  SUBDIVISION  HAS
AGREED TO UPON INSTALLATION OF A COMPUTER PROGRAM.
  3. FOR PURPOSES OF THIS SECTION:
  (A)  "PERSONAL  INFORMATION OR DATA" SHALL MEAN DATA THAT IDENTIFIES A
SPECIFIC PERSON, INCLUDING BUT  NOT  LIMITED  TO  FINANCIAL  INFORMATION
INCLUDING  BANKING  AND  CREDIT CARD ACCOUNT NUMBERS AND ANY INFORMATION
CONCERNING A PERSON WHICH, BECAUSE OF  NAME,  NUMBER,  SYMBOL,  MARK  OR
OTHER IDENTIFIER CAN IDENTIFY SUCH PERSON; AND
  (B)  "KEYLOGGING COMPUTER PROGRAMS" MEANS COMPUTER PROGRAMS, INSTALLED
WITHOUT THE KNOWLEDGE OF THE COMPUTER USER, THAT SEND ELECTRONIC  COMMU-
NICATIONS, THAT THE COMPUTER USER IS UNAWARE OF, FROM THE COMPUTER TO AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04133-01-9

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