|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2021||referred to codes|
senate Bill S140
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S140 (ACTIVE) - Details
S140 (ACTIVE) - 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
S140 (ACTIVE) - 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.
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