| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 14, 2022 |
print number 140a |
| Mar 14, 2022 |
amend (t) and recommit to codes |
| Jan 05, 2022 |
referred to codes |
| Jan 06, 2021 |
referred to codes |
Senate Bill S140
2021-2022 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2021-S140 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §§79-q, 79-r & 79-s, Civ Rts L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S7795
2023-2024: S947
2025-2026: S5479
2021-S140 - Sponsor Memo
BILL NUMBER: S140
SPONSOR: THOMAS
TITLE OF BILL:
An act to amend the civil rights law, in relation to unauthorized use of
a cellular telephone or any data contained therein
PURPOSE OR GENERAL IDEA OF BILL:
To protect personal information contained in cell phones in the same
manner as personal information derived from computers.
SUMMARY OF PROVISIONS:
Section one amends the civil rights law to prohibit the access of a cell
phone or information contained on a cell phone without the owner's
authorization. Section one also prohibits alteration or destruction of
data on a cell phone without owner authorization, and prohibits unau-
thorized users from possessing copies of cell phone data with the intent
to benefit themselves. Violating the first two of these provisions can
2021-S140 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
140
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to unauthorized use of
a cellular telephone or any data contained therein
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding three new
sections 79-q, 79-r and 79-s to read as follows:
§ 79-Q. UNAUTHORIZED USE OF A CELLULAR TELEPHONE. NO PERSON SHALL
KNOWINGLY USE, CAUSE TO BE USED, OR ACCESS A CELLULAR TELEPHONE OR ANY
INFORMATION CONTAINED THEREIN WITHOUT AUTHORIZATION OF THE OWNER OF SUCH
CELLULAR TELEPHONE. IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION,
THE COURT MAY AWARD UP TO FIVE THOUSAND DOLLARS IN DAMAGES, OR AN AMOUNT
EQUAL TO TWICE THE AMOUNT OF ANY ECONOMIC GAIN REALIZED AS A RESULT OF
SUCH UNAUTHORIZED USE.
§ 79-R. TAMPERING WITH A CELLULAR TELEPHONE. NO PERSON SHALL INTEN-
TIONALLY ALTER IN ANY MANNER OR DESTROY ANY DATA ON A CELLULAR TELE-
PHONE BELONGING TO ANOTHER PERSON WITHOUT AUTHORIZATION. IN ANY ACTION
COMMENCED PURSUANT TO THIS SECTION, THE COURT MAY AWARD UP TO FIVE
THOUSAND DOLLARS IN DAMAGES, OR AN AMOUNT EQUAL TO TWICE THE AMOUNT OF
ANY ECONOMIC GAIN REALIZED AS A RESULT OF SUCH UNAUTHORIZED USE.
§ 79-S. UNAUTHORIZED POSSESSION OF CELLULAR TELEPHONE RELATED MATERI-
AL. NO PERSON SHALL KNOWINGLY POSSESS, IN ANY FORM, ANY COPY, REPROD-
UCTION OR DUPLICATE OF ANY CELLULAR TELEPHONE DATA WHICH WAS COPIED,
REPRODUCED OR DUPLICATED WITHOUT CONSENT OF THE OWNER OF THE CELLULAR
TELEPHONE, WITH INTENT TO BENEFIT HIMSELF OR HERSELF OR A PERSON OTHER
THAN AN OWNER THEREOF. IN ANY ACTION COMMENCED PURSUANT TO THIS
SECTION, THE COURT MAY AWARD UP TO TEN THOUSAND DOLLARS IN DAMAGES, OR
AN AMOUNT EQUAL TO TWICE THE AMOUNT OF ANY ECONOMIC GAIN REALIZED AS A
RESULT OF SUCH UNAUTHORIZED USE.
§ 2. This act shall take effect immediately.
2021-S140A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §§79-q, 79-r & 79-s, Civ Rts L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S7795
2023-2024: S947
2025-2026: S5479
2021-S140A (ACTIVE) - Sponsor Memo
BILL NUMBER: S140a
SPONSOR: THOMAS
TITLE OF BILL:
An act to amend the penal law, in relation to unauthorized use of a
smart phone or mobile device or any data contained therein
PURPOSE OR GENERAL IDEA OF BILL:
To protect personal information contained in cell phones in the same
manner as personal information derived from computers.
SUMMARY OF PROVISIONS:
Section one amends paragraph one of § 156.00 of the penal law by adding
smart phones and mobile devices to the definition of a computer. This
section also adds a paragraph 10 to § 156.00 of the penal law which adds
a new definition for smart phone or mobile device.
Section two provides the effective date.
2021-S140A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
140--A
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to unauthorized use of a
smart phone or mobile device or any data contained therein
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 156.00 of the penal law, as
amended by chapter 558 of the laws of 2006, is amended and a new
subdivision 10 is added to read as follows:
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. FOR THE PURPOSES OF
THIS ARTICLE, A SMART PHONE OR MOBILE DEVICE SHALL BE CONSIDERED A
COMPUTER.
10. "SMART PHONE OR MOBILE DEVICE" MEANS A PORTABLE COMPUTING DEVICE
THAT: (A) HAS A SMALL FORM FACTOR SUCH THAT IT CAN EASILY BE CARRIED BY
A SINGLE INDIVIDUAL; (B) IS DESIGNED TO OPERATE WITHOUT A PHYSICAL
CONNECTION; (C) POSSESSES LOCAL, NON-REMOVABLE OR REMOVABLE DATA STOR-
AGE; AND (D) INCLUDES A SELF-CONTAINED POWER SOURCE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02870-02-2
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