Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jan 12, 2009 |
referred to codes |
Assembly Bill A1758
2009-2010 Legislative Session
Sponsored By
MORELLE
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
Actions
2009-A1758 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §156.40, 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.