BILL NUMBER:S3404

TITLE OF BILL:  An act to amend the penal law, in relation to cyber
terrorism in the first and second degree

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the penal law to create the new crimes of cyber
terrorism in the first and second degrees.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would add a new sections 490..26 and 490.27 to the penal
law, to create the new crimes of cyber terrorism in the second degree
and cyber terrorism in the first degree, respectively.

Specifically, a person would be guilty of the new C felony crime of
cyber terrorism in the second degree when:

*with intent to cause serious, wide-spread financial harm, or commit
any larceny offense against more than ten people, a person uses a
computer, a computer program, a computer network, computer material, a
computer service, or computer data, to cause such wide-spread
financial harm or to commit any larceny offense against more than ten
people.

              

A person would be guilty of the new A felony crime of cyber terrorism
in the first degree when:

*with intent to intimidate or coerce a civilian population, influence
the policy of a unit of government by intimidation or coercion, affect
the conduct of a unit of government, or cause mass injury, damage,
destruction or debilitation to persons and/or property, a person uses
a computer, a computer program, a computer network, computer material,
a computer service, or computer data, to injure, damage, destroy, or
debilitate persons or property.

JUSTIFICATION:

According to the such entities as the United States Department of
Homeland Security, Interpol and the New York State White Collar Crime
Task Force, cybercrime is a pervasive and rapidly expanding threat.
New York state is particularly at risk to cybercrime due to its status
as a global hub of international business and commerce. As, seen most
recently in cases involving the retailer Target, and with SONY
pictures, cyber attacks can be economically or politically targeted to
cause massive economic and personal harm to both businesses and
individuals.

Increasing criminal penalties against those who use a computer or
device to carry out an such a cyber attack, when such an attack seeks
to cause wide spread harm or mass destruction of people or property,
merely makes sense in light of these recent events. Moreover, events
such as stuxnet, have demonstrated, that cyber attacks can launch
real, meaningful consequences in the physical world. As more and more
critical infrastructure is controlled through SCADA interfaces, the
potential of terrorism through cyber attack has grown exponentially.


Accordingly, this bill which seeks to recognize the technological
consequences of the modern world, strives to deploy our criminal laws
to deter those who might engage in such cyber terrorism attacks before
they do so, and seriously and more appropriately punish those who
might commit such an attack, if and when they do.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect on the first of November next succeeding
the date on which it shall have become law.