BILL NUMBER:S3406

TITLE OF BILL:  An act to amend the penal law, in relation to criminal
possession of computer related material

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the penal law to create the new crime of
criminal possession of computer related material in the first degree.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend section 156.35 of penal law, to reclassify the
present E felony crime of criminal possession of computer related
material, to now become criminal possession of computer related
material in the second degree.

This bill would additionally add a new section 156.36 to the penal law
to create the new B felony crime of criminal possession of computer
related material in the first degree.

Specifically, this new crime would provide that:

*A person would be guilty of criminal possession of computer related
material in the first degree when, after the unauthorized use of a
computer in violation of 156.05 of this article, a person, having no
              

right to do so, knowingly possesses, in any form, any copy,
reproduction or duplicate of any computer data or computer program
which was copied, reproduced or duplicated in violation of section
156.30 of this article, with intent to benefit himself or a person
other than an owner thereof, and the copying, reproduction or
duplication of such computer data or computer program causes financial
harm to another person, partnership or corporation, individually or
collectively, in excess of one hundred thousand dollars.

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 causes
financial harm to another person, partnership or corporation,
individually or collectively, in excess of one hundred thousand
dollars, merely makes sense in light of these recent events.

Accordingly, this bill seeks to deploy our criminal laws to deter
those who might engage in such cyber attacks before they do so, and
more appropriately punish those who 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.