Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S137
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
co-Sponsors
(D) Senate District
(D) Senate District
(D, WF) Senate District
2009-S137 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3658
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §156.40, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1670
2013-2014: S244
2015-2016: S4057
2009-S137 (ACTIVE) - 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.
2009-S137 (ACTIVE) - Sponsor Memo
BILL NUMBER: S137 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 amends section 156 of 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 innocuous program that will help them organize their lives. However,
2009-S137 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 137 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ 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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