|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S244
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S244 - Details
S244 - 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.
S244 - Sponsor Memo
BILL NUMBER:S244 TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of unlawful use of spyware and malware PURPOSE: The act aims to protect the privacy of computer users by banning the dissemination of computer spyware and malware without the authorization of the owner of a computer. SUMMARY OF PROVISIONS: Section 1 adds section 156.40 to the Penal Law to ban the use of computer spyware and malware, where spyware and malware are a computer program when downloaded and functioning, transmits information to a third party without the authorization of a computer user. Section 2 establishes an effective date of the first of November next succeeding date on which it shall have become a law. JUSTIFICATION: Computer users download information from the internet without truly understanding what functions the programs will have. Many times computer users will encounter the opportunity to download a computer program from the internet that they believe will give them an
S244 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 244 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. SAMPSON -- 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 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.
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