NY State Senate Bill 2021-S140

Senate Bill S140

2021-2022 Legislative Session

Relates to unauthorized use of a mobile telephone or any data contained therein

download bill text pdf

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

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Actions

View Actions

	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

Bill Amendments

Original

A (Active)

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

2021-S140 - Summary

Relates to unauthorized use of a smart phone or mobile device or any data contained therein.

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

be punishable by up to five thousand dollars in damages or twice the
amount of economic gain realized from such unauthorized use, while
violating the third provision is punishable by up to ten thousand
dollars in damages or twice the amount of economic gain realized as a
result of the unauthorized use.

Section two provides the effective date.

 
JUSTIFICATION:

As use of technology in daily life has expanded, the risk of digital
crime has increased. These crimes provide perpetrators with a degree of
anonymity and, if successful, access to personal, business and govern-
mental data. Many computer crimes are committed as a means of stealing
money or valuable information, although financial gain is not always the
objective.

Computer crime laws are aimed at actions that damage, destroy or inter-
fere with computer data or operation, including the use or misuse of
data stored on computers or interne networks. These laws make a broad
range of computer activities without permission illegal, such as unau-
thorized access, computer trespassing, data copying, hacking, installing
virus, adware, or spyware, denial of services, and phishing.

The protections afforded to computer owners are not currently provided
to New Yorkers who own and use cellular devices. According to the Pew
Research Center, 96% of Americans use cell phones, with 81% using smart-
phones, which contain significant amounts of data. This bill extends
computer protections to cell phone owners, which will hopefully deter
perpetrators from undertaking activities that might harm cell phone
owners.

 
PRIOR LEGISLATIVE HISTORY:

2020:5.7795 (Thomas) - Referred to Codes Committee.

 
FISCAL IMPLICATIONS:

No costs to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02870-01-1

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

2021-S140A (ACTIVE) - Summary

Relates to unauthorized use of a smart phone or mobile device or any data contained therein.

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.

 
JUSTIFICATION:

As use of technology in daily life has expanded, the risk of digital
crime has increased. These crimes provide perpetrators with a degree of
anonymity and, if successful, access to personal, business and govern-
mental data. Many computer crimes are committed as a means of stealing
money or valuable information, although financial gain is not always the
objective.

Computer crime laws are aimed at actions that damage, destroy or inter-
fere with computer data or operation, including the use or misuse of
data stored on computers or internal networks. These laws make a broad
range of computer activities without permission illegal, such as unau-
thorized access, computer trespassing, data copying, hacking, installing
virus, adware, or spyware, denial of services, and phishing.

The protections afforded to computer owners are not currently provided
to New Yorkers who own and use cellular devices. According to the Pew
Research Center, 96% of Americans use cell phones, with 81% using smart-
phones, which contain significant amounts of data. This bill extends
computer protections to cell phone owners, which will hopefully deter
perpetrators from undertaking activities that might harm cell phone
owners.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.7795 (Thomas) - Referred to Codes Committee.

 
FISCAL IMPLICATIONS:

No costs to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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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