NY State Senate Bill 2009-S5083

Senate Bill S5083

2009-2010 Legislative Session

Establishes crimes relating to computer intrusion, use of a minor in effectuation of such crimes, and cyberterrorism; repealer

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S5083 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld & add §§156.00, 156.05, 156.10, 156.20, 156.25 & 156.50; rpld §§156.26 & 156.27, add §§156.40 & 490.28, amd §490.05, Pen L; amd §240.20, rpld §250.30, CP L

2009-S5083 (ACTIVE) - Summary

Establishes the crimes of computer intrusion in the third degree, computer intrusion in the second degree, computer intrusion in the first degree, aggravated computer intrusion, use of a minor in the commission of a computer offense, and cyberterrorism, repealing certain sections of law related therewith, and making technical corrections.

2009-S5083 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5083

 TITLE OF BILL :

An act to amend the penal law, in relation to establishing definitions
pertaining to offenses involving computers, establishing the crimes of
computer intrusion in the third degree, computer intrusion in the
second degree, computer intrusion in the first degree, aggravated
computer intrusion, use of a minor in the commission of a computer
offense, and cyberterrorism; to amend the criminal procedure law, in
relation to making certain technical corrections thereto; and
repealing certain provisions of such laws relating thereto


 PURPOSE :

This bill would amend the penal law to create the new crimes of
computer intrusion, aggravated computer intrusion, use of a minor in
the commission of a computer offense and cyberterrorism and to clarify
the methodology of calculating damages caused by an individual who
commits the crime of computer tampering.

 SUMMARY OF PROVISIONS :

Section 1 Repeals sections 156.00, 156.05, 156.10, 156.20, 156.25,
156.26, 156.27 and 156.50 of the penal law.

Section 2 Establishes definitions for the terms "computer network,"
"computer software or computer program," "computer operating system,"
"computer material," "computer program," "computer exploit," and
"peripheral computer device."
Section 3 Establishes a new section computer intrusion in the third
degree, a class A misdemeanor. A person would be guilty of computer
intrusion in the third degree when he or she, without authorization,
alters or destroys computer programs, installs a computer program on a
computer without authorization, commits a denial of service attack or
uses a computer or device connected and controlled by a computer.
Section 4 Establishes a new section computer intrusion in the second
degree, a class E felony. A person would be guilty of computer
intrusion in the second degree when he or she commits computer
intrusion in the third degree and he or she has previously been
convicted of any crime under this article, alters or destroys computer
material, he or she commits the third degree crime with the intention
of committing any felony or he or she causes damages in an aggregate
of $2500.
Section 5 Establishes a new section computer intrusion in the first
degree, a class D felony. A person would be guilty of this crime when
he or she has been convicted of computer intrusion in the third degree
and causes damages in an aggregate of $10,000.
Section 6 Establishes a new crime of aggravated computer intrusion, a
class E felony. A person is guilty of aggravated computer intrusion
when he or she commits the crime of computer intrusion in the third
degree and in furtherance of the crime encrypts a deleterious set of
computer instructions, develops a computer exploit that modifies a
computer operating system making it difficult to repair, or creates an
exploit to attack a specific vulnerability as identified by a software
developer who develops a "patch" or software update for a computer
operating system.
Section 7 Establishes the crime of use of a minor in the commission of
a computer offense. A person is guilty of use of a minor in the
commission of a computer offense when he or she intentionally
influences a child to commit a computer offense or intentionally and
willfully supplies the child with the information to commit a computer
offense.
Section 8 Would add a new section 156.50 of the penal law to provide
that it shall be a defense under sections 156.05, 156.10, 156.20,
156.25, and 156.40 if the defendant was authorized to use the computer
pursuant to a service agreement and where such use 'Originated from a
service location within the United States or Canada.
Section 9 Defines the term "Act of Cyberterrorism."
Section 10 Amends article 490 of the penal law by adding a new section
490.28, creating the crime of cyberterrorism, a class B felony. A
person would be guilty of the crime of cyberterrorism when, with
intent to intimidate or coerce a civilian population, influence the
policy of a unit of government by intimidation or coercion, or affect
the conduct of a unit of government, he or she commits any of the
crimes contained within article 156 of the penal law.
Section 11 Removes paragraph U) of subdivision 1 of section 240.20 of
the Criminal Procedure Law that refers to sections repealed by section
1 of this act.
Section 12 Repeals section 250.30 of the Criminal Procedure Law.

 JUSTIFICATION :

Three out of four households in America have access to a home computer
today, according to the U.S. Census Bureau. Yet New York's existing
computer crimes law doesn't protect the average person or business
that uses a computer on a daily basis.

Technology has exponentially evolved during the two decades since the
state law that created computer crimes was enacted.  For example, we
use computers to store banking records, credit card data, medical
history and other presumably confidential information that is
transferred millions of times a day through cyberspace.

Computers control the systems that provide us with power, emergency
services and transportation. People with extensive computer knowledge
and nefarious motives have also evolved with the times and economic
landscape of cyberspace.  Therefore, it is necessary that the penal
law punish computer criminals who may not be violent but nonetheless
pose a significant threat to individuals and the economy.

This bill updates the 20-year-old law and cracks down on hackers that:

* Illegally obtain personal financial, medical or other information;

* Alter or destroy computer programs;

* Install computer programs without authorization;

* Use a computer or device connected and controlled by a computer
with- out authorization;

* Create and send computer "viruses" and "worms" designed to damage or
destroy a computer system; or

* Use children to commit a computer offense.

Penalties in existing law apply only when a person asks to use a
computer, is told no, and uses the computer anyway.

Today's victims of cyber- malfeasance often do not know the assailant,
and the assailant only knows the victim as a target or a potential
source of income. Also, some hackers only want to see their "worms"
and "viruses" become household names and be seen by their peers as the
best in their field.

The proposed crime of computer intrusion aims to target those who
willfully and knowingly transmit computer "contaminants," -- that is,
those programs designed to damage or destroy a computer or computer
system.


The proposed crime of aggravated computer intrusion targets those who
develop a computer contaminant so destructive that it hides, prohibits
the computer user from fixing the damage, and targets those whose
computers have specific vulnerabilities that a hacker can exploit.

Computer experts have testified that computer hackers operate in an
underworld where children are used to do their bidding.  Therefore, it
is necessary to provide an appropriate crime in instances where older,
more experienced hackers provide knowledge and influence children to
develop computer contaminants with the specific intent to do as much
damage as possible.

This legislation also holds accountable those who conduct cyber
attacks against utilities and financial institutions. Existing law
does not contemplate systemic, coordinated and well executed
electronic attacks against critical, computer-operated systems such as
government administration, electrical grids, water delivery systems,
emergency services, and financial systems.

Current prohibitions in the penal law deal with individual or very
small-scale efforts to tamper with a single computer, not coordinated
and systematic attacks against the large-scale computer systems that
control critical infrastructure assets, protect public safety and
maintain stability in New York State's Financial industries.

 PRIOR LEGISLATIVE HISTORY :

2008 - S.3811-A - Referred to Veterans, Military Affairs and Homeland
Security Committee

 FISCAL IMPLICATIONS :

None Noted.

 EFFECTIVE DATE :
This act shall take effect on the first of November.

2009-S5083 (ACTIVE) - Bill Text download pdf

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

                                  5083

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  establishing  definitions
  pertaining to offenses involving computers, establishing the crimes of
  computer  intrusion  in  the  third  degree, computer intrusion in the
  second degree, computer intrusion  in  the  first  degree,  aggravated
  computer  intrusion,  use  of  a minor in the commission of a computer
  offense, and cyberterrorism; to amend the criminal procedure  law,  in
  relation  to making certain technical corrections thereto; and repeal-
  ing certain provisions of such laws relating thereto

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

  Section  1.  Sections  156.00, 156.05, 156.10, 156.20, 156.25, 156.26,
156.27 and 156.50 of the penal law are REPEALED.
  S 2. The penal law is amended by adding a new section 156.00  to  read
as follows:
S 156.00 OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS.
  THE  FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS CHAPTER EXCEPT WHERE
DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED:
  1. "COMPUTER" MEANS A DEVICE OR GROUP OF  DEVICES  WHICH,  BY  MANIPU-
LATION  OF  ELECTRONIC,  MAGNETIC,  OPTICAL OR ELECTROCHEMICAL IMPULSES,
PURSUANT TO A COMPUTER PROGRAM, CAN  AUTOMATICALLY  PERFORM  ARITHMETIC,
LOGICAL,  STORAGE  OR RETRIEVAL OPERATIONS WITH OR ON COMPUTER DATA, AND
INCLUDES ANY CONNECTED OR DIRECTLY RELATED DEVICE, EQUIPMENT OR FACILITY
WHICH ENABLES SUCH COMPUTER TO STORE, RETRIEVE OR COMMUNICATE TO OR FROM
A PERSON, ANOTHER COMPUTER OR ANOTHER DEVICE  THE  RESULTS  OF  COMPUTER
OPERATIONS, COMPUTER PROGRAMS OR COMPUTER DATA.
  2.  "COMPUTER DATA" IS PROPERTY AND MEANS A REPRESENTATION OF INFORMA-
TION, KNOWLEDGE, FACTS, CONCEPTS OR INSTRUCTIONS WHICH ARE  BEING  PROC-
ESSED,  OR  HAVE  BEEN  PROCESSED  IN A COMPUTER AND MAY BE IN ANY FORM,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11331-01-9

S. 5083                             2

INCLUDING MAGNETIC STORAGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN
THE MEMORY OF THE COMPUTER.
  3. "DATA NETWORK" MEANS A COMPUTER SYSTEM THAT PROVIDES COMMUNICATIONS
BETWEEN  ONE  OR  MORE COMPUTER SYSTEMS AND ITS INPUT OR OUTPUT DEVICES,
INCLUDING, BUT NOT LIMITED TO,  DISPLAY  TERMINALS  THAT  ARE  INTERCON-
NECTED.
  4.  "COMPUTER  SOFTWARE  OR  COMPUTER  APPLICATION"  MEANS  A  SET  OF
INSTRUCTIONS OR STATEMENTS AND RELATED  DATA  WHICH,  WHEN  EXECUTED  IN
ACTUAL  OR  MODIFIED  FORM,  CAUSE  A COMPUTER, COMPUTER SYSTEM, OR DATA
NETWORK TO PERFORM SPECIFIED FUNCTIONS.
  5. "COMPUTER OPERATING SYSTEM" MEANS A COMPUTER PROGRAM THAT  CONTROLS
INTERNAL  AND  EXTERNAL COMPUTER SOFTWARE OR COMPUTER APPLICATIONS, THAT
MAY BE USED TO EXECUTE OTHER COMPUTER PROGRAMS, GENERATE OUTPUT  IN  THE
FORM OF VISUAL, PRINT OR STORAGE MEDIA, OR TO CONTROL PERIPHERAL COMPUT-
ER DEVICES.
  6.  "COMPUTER  MATERIAL"  IS  PROPERTY  AND MEANS ANY COMPUTER DATA OR
COMPUTER PROGRAM WHICH:
  (A) CONTAINS RECORDS OF THE MEDICAL HISTORY OR MEDICAL TREATMENT OF AN
IDENTIFIED OR READILY IDENTIFIABLE INDIVIDUAL OR INDIVIDUALS. THIS  TERM
SHALL  NOT  APPLY  TO THE GAINING ACCESS TO OR DUPLICATION SOLELY OF THE
MEDICAL HISTORY OR MEDICAL TREATMENT RECORDS OF A PERSON BY THAT  PERSON
OR BY ANOTHER PERSON SPECIFICALLY AUTHORIZED BY THE PERSON WHOSE RECORDS
ARE GAINED ACCESS TO OR DUPLICATED; OR
  (B) CONTAINS RECORDS MAINTAINED BY THE STATE OR ANY POLITICAL SUBDIVI-
SION  THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE WHICH
CONTAINS ANY INFORMATION CONCERNING A  PERSON  WHICH  BECAUSE  OF  NAME,
NUMBER,  SYMBOL,  MARK  OR OTHER IDENTIFIER, CAN BE USED TO IDENTIFY THE
PERSON AND WHICH IS OTHERWISE PROHIBITED BY LAW  FROM  BEING  DISCLOSED.
THIS TERM SHALL NOT APPLY TO THE GAINING ACCESS TO OR DUPLICATION SOLELY
OF  RECORDS OF A PERSON BY THAT PERSON OR BY ANOTHER PERSON SPECIFICALLY
AUTHORIZED BY THE PERSON WHOSE RECORDS ARE GAINED ACCESS  TO  OR  DUPLI-
CATED; OR
  (C)  CONTAINS  THE  FINANCIAL INFORMATION OF A PERSON. THIS TERM SHALL
NOT APPLY TO THE GAINING ACCESS TO OR DUPLICATION SOLELY OF RECORDS OF A
PERSON BY THAT PERSON OR BY ANOTHER PERSON  SPECIFICALLY  AUTHORIZED  BY
THE PERSON WHOSE RECORDS ARE GAINED ACCESS TO OR DUPLICATED; OR
  (D)  IS  NOT  AND IS NOT INTENDED TO BE AVAILABLE TO ANYONE OTHER THAN
THE PERSON OR PERSONS  RIGHTFULLY  IN  POSSESSION  THEREOF  OR  SELECTED
PERSONS  HAVING  ACCESS THERETO WITH HIS, HER OR THEIR CONSENT AND WHICH
ACCORDS OR MAY ACCORD SUCH RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPET-
ITORS OR OTHER PERSONS WHO DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
  7. "COMPUTER EXPLOIT" MEANS A COMPUTER  PROGRAM  OR  SET  OF  COMPUTER
INSTRUCTIONS  DESIGNED  TO  MODIFY,  DAMAGE, DESTROY, RECORD OR TRANSMIT
INFORMATION WITHIN A COMPUTER, COMPUTER SYSTEM OR DATA  NETWORK  WITHOUT
THE  INTENT  OR  PERMISSION  OF  THE  OWNER OF THE INFORMATION OR OF THE
COMPUTER, COMPUTER SYSTEM OR DATA NETWORK. THIS  INCLUDES,  BUT  IS  NOT
LIMITED  TO, INTRUSIONS KNOWN AS MALICIOUS CODES, VIRUSES OR WORMS WHICH
MAY BE SELF-REPLICATING OR SELF-PROPAGATING AND WHICH  ARE  DESIGNED  TO
CONTAMINATE  OTHER COMPUTERS, COMPUTER APPLICATIONS, COMPUTER SYSTEMS OR
COMPUTER DATA NETWORKS; CONSUME  COMPUTER  RESOURCES;  MODIFY,  DESTROY,
RECORD,  OR  TRANSMIT  DATA;  OR  IN SOME OTHER FASHION USURP THE NORMAL
OPERATION OF THE COMPUTER, COMPUTER  APPLICATION,  COMPUTER  SYSTEM,  OR
DATA NETWORK.
  8.  "COMPUTER  SYSTEM"  MEANS  A GROUP OF ONE OR MORE COMPUTERS LINKED
TOGETHER WITH THE ABILITY TO SHARE INFORMATION AND RESOURCES.

S. 5083                             3

  9. "COMPUTER PROGRAM" IS PROPERTY AND MEANS AN  ORDERED  SET  OF  DATA
REPRESENTING  CODED  INSTRUCTIONS OR STATEMENTS THAT, WHEN EXECUTED BY A
COMPUTER, CAUSES THE COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER  TO
PERFORM ONE OR MORE COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM.
  10.  "COMPUTER  SERVICE"  MEANS  ANY  AND  ALL SERVICES PROVIDED BY OR
THROUGH THE FACILITIES OF ANY COMPUTER,  DATA  NETWORK,  APPLICATION  OR
OPERATING  SYSTEM  ALLOWING THE INPUT, OUTPUT, EXAMINATION, OR TRANSFER,
OF COMPUTER DATA OR COMPUTER PROGRAM FROM ONE COMPUTER TO ANOTHER.
  11. "PERIPHERAL COMPUTER DEVICE" MEANS A DEVICE DIRECTLY CONNECTED  TO
A COMPUTER OR INDIRECTLY THROUGH A DATA NETWORK.
  12.  "PATCH" MEANS A SOFTWARE OR APPLICATION UPDATE DISTRIBUTED BY THE
COMPUTER SOFTWARE MAKER DESIGNED TO  FIX  A  VULNERABILITY  IN  COMPUTER
SOFTWARE OR COMPUTER APPLICATION.
  S  3.  The penal law is amended by adding a new section 156.05 to read
as follows:
S 156.05 COMPUTER INTRUSION IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF COMPUTER INTRUSION IN THE THIRD DEGREE  WHEN  HE
OR SHE DIRECTLY OR INDIRECTLY:
  1.  WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION MODIFIES, DESTROYS,
ACCESSES OR DISCLOSES APPLICATIONS OR SUPPORTING DOCUMENTATION  RESIDING
OR EXISTING INTERNALLY OR EXTERNALLY TO A COMPUTER OR COMPUTER SYSTEM OR
DATA NETWORK; OR
  2.  WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION INSTALLS A COMPUTER
APPLICATION OR SOFTWARE; OR
  3. WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION, DIRECTLY  OR  INDI-
RECTLY,  USES  A  COMPUTER,  COMPUTER  OPERATING SYSTEM, DATA NETWORK OR
PERIPHERAL COMPUTER DEVICE CONNECTED THROUGH A DATA NETWORK; OR
  4. WILLFULLY AND KNOWINGLY COMMITS A DENIAL OF SERVICE  ATTACK.    FOR
THE  PURPOSES OF THIS SECTION, "DENIAL OF SERVICE ATTACK" MEANS PREVENT-
ING AUTHORIZED ACCESS TO COMPUTER RESOURCES OR  DELAYING  TIME  CRITICAL
COMPUTER  OPERATIONS  BY  INUNDATING  OR  OTHERWISE  OVERLOADING  A DATA
NETWORK, OR ATTEMPTING TO INUNDATE  OR  OTHERWISE  OVERLOAD  A  COMPUTER
SERVICE.
  COMPUTER INTRUSION IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S  4.  The penal law is amended by adding a new section 156.10 to read
as follows:
S 156.10 COMPUTER INTRUSION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF COMPUTER INTRUSION IN THE SECOND DEGREE WHEN  HE
OR SHE COMMITS COMPUTER INTRUSION IN THE THIRD DEGREE AND:
  1.  HE  OR  SHE  HAS PREVIOUSLY BEEN CONVICTED OF ANY CRIME UNDER THIS
ARTICLE; OR
  2. HE OR SHE INTENTIONALLY AND WITHOUT  AUTHORIZATION  ALTERS  IN  ANY
MANNER  OR  DESTROYS  COMPUTER MATERIAL, AS DEFINED IN SECTION 156.00 OF
THIS ARTICLE; OR
  3. HE OR SHE DOES SO WITH THE INTENT TO COMMIT OR FURTHER THE  COMMIS-
SION OF ANY FELONY; OR
  4.  HE  OR SHE CAUSES DAMAGES AS A RESULT OF THE COMPUTER INTRUSION IN
AN AGGREGATE AMOUNT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS.
  COMPUTER INTRUSION IN THE SECOND DEGREE IS A CLASS E FELONY.
  S 5. The penal law is amended by adding a new section 156.20  to  read
as follows:
S 156.20 COMPUTER INTRUSION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF COMPUTER INTRUSION IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF COMPUTER INTRUSION IN THE THIRD DEGREE SO AS
TO CAUSE DAMAGES AS A RESULT OF THE COMPUTER INTRUSION IN  AN  AGGREGATE
AMOUNT EXCEEDING TEN THOUSAND DOLLARS.

S. 5083                             4

  COMPUTER INTRUSION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S  6.  The penal law is amended by adding a new section 156.25 to read
as follows:
S 156.25 AGGRAVATED COMPUTER INTRUSION.
  A PERSON IS GUILTY OF AGGRAVATED COMPUTER INTRUSION  WHEN  HE  OR  SHE
COMMITS  THE  CRIME  OF  COMPUTER  INTRUSION  IN THE THIRD DEGREE AND IN
FURTHERANCE OF SUCH CRIME HE OR SHE:
  1. ENCRYPTS A COMPUTER EXPLOIT OR DELETERIOUS SET OF  INSTRUCTIONS  IN
AN IMAGE OR COMPUTER FILE; OR
  2.  DEVELOPS  A  COMPUTER EXPLOIT THAT MODIFIES THE COMPUTER, COMPUTER
SYSTEM, OR COMPUTER OPERATING SYSTEM SO THAT A COMPUTER USER  IS  UNABLE
TO REPAIR THE MODIFICATION; OR
  3.  DEVELOPS A COMPUTER EXPLOIT THAT USES A PATCH DEVELOPED BY A SOFT-
WARE COMPANY TO TARGET A COMPUTER, COMPUTER  SYSTEM,  COMPUTER  PROGRAM,
DATA  NETWORK,  COMPUTER  SERVICE OR COMPUTER OPERATING SYSTEM TO TARGET
AND EXPLOIT A VULNERABILITY IN THE COMPUTER OPERATING SYSTEM OR COMPUTER
PROGRAM.
  AGGRAVATED COMPUTER INTRUSION IS A CLASS E FELONY.
  S 7. The penal law is amended by adding a new section 156.40  to  read
as follows:
S 156.40 USE OF A MINOR IN THE COMMISSION OF A COMPUTER OFFENSE.
  A  PERSON  IS GUILTY OF USE OF A MINOR IN THE COMMISSION OF A COMPUTER
OFFENSE WHEN, BEING EIGHTEEN YEARS OF AGE OR OLDER, HE  OR  SHE  USES  A
CHILD  UNDER  THE  AGE  OF  EIGHTEEN TO EFFECTUATE THE COMMISSION OF ANY
COMPUTER OFFENSE UNDER THIS ARTICLE BY:
  1. INFLUENCING OR COERCING THE CHILD TO COMMIT THE  COMPUTER  OFFENSE;
OR
  2.  INTENTIONALLY OR WILLFULLY SUPPLIES THE CHILD WITH THE INFORMATION
NECESSARY TO COMMIT THE COMPUTER OFFENSE WITH  THE  KNOWLEDGE  THAT  THE
CHILD INTENDS TO COMMIT A COMPUTER OFFENSE.
  USE  OF  A  MINOR IN THE COMMISSION OF A COMPUTER OFFENSE IS A CLASS E
FELONY.
  S 8. The penal law is amended by adding a new section 156.50  to  read
as follows:
S 156.50 OFFENSES INVOLVING COMPUTERS; DEFENSES.
  UNDER  SECTIONS  156.05,  156.10,  156.20,  156.25, AND 156.40 OF THIS
ARTICLE IT SHALL BE A DEFENSE THAT THE DEFENDANT WAS AUTHORIZED  TO  USE
THE  COMPUTER  PURSUANT TO A SERVICE AGREEMENT AND WHERE SUCH USE ORIGI-
NATED FROM A SERVICE LOCATION WITHIN THE UNITED STATES OR CANADA.
  S 9. Section 490.05 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
  18. "ACT OF CYBERTERRORISM"  MEANS  THE  USE  OF  COMPUTING  RESOURCES
INCLUDING BUT NOT LIMITED TO COMPUTERS, COMPUTER SYSTEMS, DATA NETWORKS,
COMPUTER  SOFTWARE, COMPUTER APPLICATIONS AND COMPUTER OPERATING SYSTEMS
AS SUCH TERMS ARE DEFINED IN SECTION 156.00  OF  THIS  CHAPTER,  AGAINST
PERSONS  OR  PROPERTY  TO  INTIMIDATE  OR COERCE A GOVERNMENT, THE POPU-
LATION, OR ANY SEGMENT THEREOF, IN FURTHERANCE OF  POLITICAL  OR  SOCIAL
OBJECTIVES.
  S  10. The penal law is amended by adding a new section 490.28 to read
as follows:
S 490.28 CYBERTERRORISM.
  A PERSON IS GUILTY OF CYBERTERRORISM WHEN, WITH THE INTENT  TO  INTIM-
IDATE  A  CIVILIAN POPULATION, INFLUENCE THE POLICY OF A UNIT OF GOVERN-
MENT BY INTIMIDATION OR COERCION, OR AFFECT THE CONDUCT  OF  A  UNIT  OF
GOVERNMENT, HE OR SHE COMMITS ANY OF THE CRIMES CONTAINED WITHIN ARTICLE
ONE  HUNDRED  FIFTY-SIX  OF  THIS CHAPTER DIRECTED AGAINST ANY COMPUTER,

S. 5083                             5

COMPUTER SYSTEM OR DATA NETWORK OWNED OR OPERATED BY A LOCAL,  STATE  OR
FEDERAL GOVERNMENT ENTITY, ANY UTILITY INCLUDING BUT NOT LIMITED TO, ANY
ELECTRIC OR WATER UTILITY, OR A FINANCIAL INSTITUTION.
  CYBERTERRORISM IS A CLASS B FELONY.
  S 11. Paragraphs (j) and (k) of subdivision 1 of section 240.20 of the
criminal  procedure  law,  paragraph  (j) as added by chapter 514 of the
laws of 1986 and paragraph (k) as added by chapter 536 of  the  laws  of
1989, are amended to read as follows:
  (j)  In [any prosecution under penal law section 156.05 or 156.10, the
time, place and manner of notice given pursuant to  subdivision  six  of
section 156.00 of such law.
  (k) in] any prosecution commenced in a manner set forth in this subdi-
vision  alleging a violation of the vehicle and traffic law, in addition
to any material required to be disclosed pursuant to this  article,  any
other  provision  of  law,  or  the constitution of this state or of the
United States, any written  report  or  document,  or  portion  thereof,
concerning  a  physical  examination,  a  scientific test or experiment,
including the most recent record of inspection, or calibration or repair
of machines or instruments utilized to perform such scientific tests  or
experiments and the certification certificate, if any, held by the oper-
ator of the machine or instrument, which tests or examinations were made
by  or  at  the  request or direction of a public servant engaged in law
enforcement activity or which was made by a person whom  the  prosecutor
intends  to  call  as  a witness at trial, or which the people intend to
introduce at trial.
  S 12. Section 250.30 of the criminal procedure law is REPEALED.
  S 13. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

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