LBD05155-01-1
S. 5186 2
4. "Computer service" means any and all services provided by or
through the facilities of any computer communication system allowing the
input, output, examination, or transfer, of computer data or computer
programs from one computer to another , INCLUDING, BUT NOT LIMITED TO,
COMPUTER TIME, DATA PROCESSING, STORAGE FUNCTIONS, INTERNET SERVICES,
ELECTRONIC MAIL SERVICES, ELECTRONIC MESSAGE SERVICES, OR OTHER USE OF A
COMPUTER, COMPUTER SYSTEM OR COMPUTER NETWORK.
5. "Computer material" is property and means any computer data or
computer program which:
(a) contains records of the medical history or medical treatment of an
identified or readily identifiable individual or individuals. This term
shall not apply to the gaining access to or duplication solely of the
medical history or medical treatment records of a person by that person
or by another specifically authorized by the person whose records are
gained access to or duplicated; or
(b) contains records maintained by the state or any political subdivi-
sion thereof or any governmental instrumentality within the state which
contains any information concerning a person, as defined in subdivision
seven of section 10.00 of this chapter, which because of name, number,
symbol, mark or other identifier, can be used to identify the person and
which is otherwise prohibited by law from being disclosed. This term
shall not apply to the gaining access to or duplication solely of
records of a person by that person or by another specifically authorized
by the person whose records are gained access to or duplicated; or
(c) is not and is not intended to be available to anyone other than
the person or persons rightfully in possession thereof or selected
persons having access thereto with his, her or their consent and which
accords or may accord such rightful possessors an advantage over compet-
itors or other persons who do not have knowledge or the benefit thereof.
6. "Computer network" means the interconnection of hardwire or wire-
less communication lines with a computer through remote terminals, or a
complex consisting of two or more interconnected computers, INCLUDING,
BUT NOT LIMITED TO, DISPLAY TERMINALS, REMOTE SYSTEMS, MOBILE DEVICES,
AND PRINTERS CONNECTED BY COMPUTER FACILITIES.
7. "Access" means to GAIN ENTRY TO, instruct, CAUSE INPUT TO, CAUSE
OUTPUT FROM, CAUSE DATA PROCESSING WITH, communicate with, store data
in, retrieve from, or otherwise make use of any resources of a computer,
COMPUTER SYSTEM OR COMPUTER NETWORK, physically, directly or by elec-
tronic means.
8. "Without authorization" means to use or to access a computer,
computer service or computer network without the permission of the owner
or lessor or someone licensed or privileged by the owner or lessor where
such person knew that his or her use or access was without permission or
after actual notice to such person that such use or access was without
permission. It shall also mean the access of a computer service by a
person without permission where such person knew that such access was
without permission or after actual notice to such person, that such
access was without permission.
Proof that such person used or accessed a computer, computer service
or computer network through the knowing use of a set of instructions,
code or computer program that bypasses, defrauds or otherwise circum-
vents a security measure installed or used with the user's authorization
on the computer, computer service or computer network shall be presump-
tive evidence that such person used or accessed such computer, computer
service or computer network without authorization.
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9. "Felony" as used in this article means any felony defined in the
laws of this state or any offense defined in the laws of any other
jurisdiction for which a sentence to a term of imprisonment in excess of
one year is authorized in this state.
10. "COMPUTER SYSTEM" MEANS A DEVICE OR COLLECTION OF DEVICES, INCLUD-
ING SUPPORT DEVICES AND EXCLUDING CALCULATORS THAT ARE NOT PROGRAMMABLE
AND CAPABLE OF BEING USED IN CONJUNCTION WITH EXTERNAL FILES, ONE OR
MORE OF WHICH CONTAIN COMPUTER PROGRAMS, ELECTRONIC INSTRUCTIONS, INPUT
DATA, AND OUTPUT DATA, THAT PERFORMS FUNCTIONS, INCLUDING, BUT NOT
LIMITED TO, LOGIC, ARITHMETIC, DATA STORAGE AND RETRIEVAL, COMMUNI-
CATION, AND CONTROL.
11. "GOVERNMENT COMPUTER SYSTEM" MEANS ANY COMPUTER SYSTEM, OR PART
THEREOF, THAT IS OWNED, OPERATED, OR USED BY ANY FEDERAL, STATE, OR
LOCAL GOVERNMENTAL ENTITY.
12. "PUBLIC SAFETY INFRASTRUCTURE COMPUTER SYSTEM" MEANS ANY COMPUTER
SYSTEM, OR PART THEREOF, THAT IS NECESSARY FOR THE HEALTH AND SAFETY OF
THE PUBLIC INCLUDING COMPUTER SYSTEMS OWNED, OPERATED, OR USED BY DRINK-
ING WATER AND WASTEWATER TREATMENT FACILITIES, HOSPITALS, EMERGENCY
SERVICE PROVIDERS, TELECOMMUNICATION COMPANIES, AND GAS AND ELECTRIC
UTILITY COMPANIES.
13. "SUPPORTING DOCUMENTATION" INCLUDES, BUT IS NOT LIMITED TO, ALL
INFORMATION, IN ANY FORM, PERTAINING TO THE DESIGN, CONSTRUCTION, CLAS-
SIFICATION, IMPLEMENTATION, USE, OR MODIFICATION OF A COMPUTER, COMPUTER
SYSTEM, COMPUTER NETWORK, COMPUTER PROGRAM, OR COMPUTER SOFTWARE, WHICH
INFORMATION IS NOT GENERALLY AVAILABLE TO THE PUBLIC AND IS NECESSARY
FOR THE OPERATION OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK,
COMPUTER PROGRAM, OR COMPUTER SOFTWARE.
14. "INJURY" MEANS ANY ALTERATION, DELETION, DAMAGE, OR DESTRUCTION OF
A COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER PROGRAM, OR DATA CAUSED BY
THE ACCESS, OR THE DENIAL OF ACCESS TO LEGITIMATE USERS OF A COMPUTER
SYSTEM, NETWORK, OR PROGRAM.
15. "VICTIM EXPENDITURE" MEANS ANY EXPENDITURE REASONABLY AND NECES-
SARILY INCURRED BY THE OWNER OR LESSEE TO VERIFY THAT A COMPUTER SYSTEM,
COMPUTER NETWORK, COMPUTER PROGRAM, OR DATA WAS OR WAS NOT ALTERED,
DELETED, DAMAGED, OR DESTROYED BY THE ACCESS.
16. "COMPUTER CONTAMINANT" MEANS ANY SET OF COMPUTER INSTRUCTIONS THAT
ARE DESIGNED TO MODIFY, DAMAGE, DESTROY, RECORD, OR TRANSMIT INFORMATION
WITHIN A COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK WITHOUT THE
INTENT OR PERMISSION OF THE OWNER OF THE INFORMATION. THEY INCLUDE, BUT
ARE NOT LIMITED TO, A GROUP OF COMPUTER INSTRUCTIONS COMMONLY CALLED
VIRUSES OR WORMS, THAT ARE SELF-REPLICATING OR SELF-PROPAGATING AND ARE
DESIGNED TO CONTAMINATE OTHER COMPUTER PROGRAMS OR COMPUTER DATA,
CONSUME COMPUTER RESOURCES, MODIFY, DESTROY, RECORD, OR TRANSMIT DATA,
OR IN SOME OTHER FASHION USURP THE NORMAL OPERATION OF THE COMPUTER,
COMPUTER SYSTEM, OR COMPUTER NETWORK.
17. "INTERNET DOMAIN NAME" MEANS A GLOBALLY UNIQUE, HIERARCHICAL
REFERENCE TO AN INTERNET HOST OR SERVICE, ASSIGNED THROUGH CENTRALIZED
INTERNET NAMING AUTHORITIES, COMPRISING A SERIES OF CHARACTER STRINGS
SEPARATED BY PERIODS, WITH THE RIGHTMOST CHARACTER STRING SPECIFYING THE
TOP OF THE HIERARCHY.
18. "ELECTRONIC MAIL" MEANS AN ELECTRONIC MESSAGE OR COMPUTER FILE
THAT IS TRANSMITTED BETWEEN TWO OR MORE TELECOMMUNICATIONS DEVICES;
COMPUTERS; COMPUTER NETWORKS, REGARDLESS OF WHETHER THE NETWORK IS A
LOCAL, REGIONAL, OR GLOBAL NETWORK; OR ELECTRONIC DEVICES CAPABLE OF
RECEIVING ELECTRONIC MESSAGES, REGARDLESS OF WHETHER THE MESSAGE IS
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CONVERTED TO HARD COPY FORMAT AFTER RECEIPT, VIEWED UPON TRANSMISSION,
OR STORED FOR LATER RETRIEVAL.
19. "PROFILE" MEANS EITHER OF THE FOLLOWING:
(A) A CONFIGURATION OF USER DATA REQUIRED BY A COMPUTER SO THAT THE
USER MAY ACCESS PROGRAMS OR SERVICES AND HAVE THE DESIRED FUNCTIONALITY
ON THAT COMPUTER; OR
(B) AN INTERNET WEB SITE USER'S PERSONAL PAGE OR SECTION OF A PAGE
THAT IS MADE UP OF DATA, IN TEXT OR GRAPHICAL FORM, THAT DISPLAYS
SIGNIFICANT, UNIQUE, OR IDENTIFYING INFORMATION, INCLUDING, BUT NOT
LIMITED TO, LISTING ACQUAINTANCES, INTERESTS, ASSOCIATIONS, ACTIVITIES,
OR PERSONAL STATEMENTS.
§ 2. Section 156.29 of the penal law, as added by chapter 590 of the
laws of 2008, is amended to read as follows:
§ 156.29 Unlawful duplication of computer related material in the second
degree.
A person is guilty of unlawful duplication of computer related materi-
al in the second degree when having no right to do so, he or she copies,
reproduces or duplicates OR MAKES USE OF in any manner ANY DATA OR
computer material [that contains records of the medical history or
medical treatment of an identified or readily identifiable individual or
individuals with an intent to commit or further the commission of any
crime under this chapter] FROM A COMPUTER, COMPUTER SYSTEM, OR COMPUTER
NETWORK OR TAKES OR COPIES ANY SUPPORTING DOCUMENTATION, WHETHER EXIST-
ING OR RESIDING INTERNAL OR EXTERNAL TO A COMPUTER, COMPUTER SYSTEM, OR
COMPUTER NETWORK.
Unlawful duplication of computer related material in the second degree
is a class B misdemeanor.
§ 3. Section 156.25 of the penal law, as amended by chapter 89 of the
laws of 1993, subdivision 2 as amended by chapter 376 of the laws of
1997, is amended to read as follows:
§ 156.25 Computer tampering in the third degree.
A person is guilty of computer tampering in the third degree when he
OR SHE commits the crime of computer tampering in the fourth degree and:
1. he OR SHE does so with an intent: (A) to commit or attempt to
commit or further the commission of any felony, (B) TO DEVISE OR EXECUTE
ANY SCHEME OR ARTIFICE TO DEFRAUD, DECEIVE, OR EXTORT, OR (C) TO WRONG-
FULLY CONTROL OR OBTAIN MONEY, PROPERTY OR DATA; or
2. he OR SHE has been previously convicted of any crime under this
article or subdivision eleven of section 165.15 of this chapter; or
3. he OR SHE intentionally alters in any manner or destroys computer
material; or
4. he OR SHE intentionally alters in any manner or destroys computer
data or a computer program so as to cause damages in an aggregate amount
exceeding one thousand dollars; OR
5. HE OR SHE ALTERS IN ANY MANNER OR DESTROYS ANY DATA, COMPUTER SOFT-
WARE, OR COMPUTER PROGRAMS WHICH RESIDE OR EXIST INTERNAL OR EXTERNAL TO
A PUBLIC SAFETY INFRASTRUCTURE COMPUTER SYSTEM COMPUTER, COMPUTER SYSTEM
OR COMPUTER NETWORK.
Computer tampering in the third degree is a class E felony.
§ 4. The penal law is amended by adding a new section 156.45 to read
as follows:
§ 156.45 UNLAWFUL DISRUPTION OF COMPUTER SERVICES IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL DISRUPTION OF COMPUTER SERVICES IN THE
SECOND DEGREE WHEN HE OR SHE KNOWINGLY AND WITHOUT PERMISSION DISRUPTS
OR CAUSES THE DISRUPTION OF COMPUTER SERVICES OR DENIES OR CAUSES THE
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DENIAL OF COMPUTER SERVICES TO AN AUTHORIZED USER OF A COMPUTER, COMPUT-
ER SYSTEM, OR COMPUTER NETWORK.
UNLAWFUL DISRUPTION OF COMPUTER SERVICES IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
§ 5. The penal law is amended by adding a new section 156.46 to read
as follows:
§ 156.46 UNLAWFUL DISRUPTION OF COMPUTER SERVICES IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL DISRUPTION OF COMPUTER SERVICES IN THE
FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL DISRUPTION OF
COMPUTER SERVICES IN THE SECOND DEGREE AND:
1. HE OR SHE DISRUPTS GOVERNMENT COMPUTER SERVICES OR DENIES OR CAUSES
THE DENIAL OF GOVERNMENT COMPUTER SERVICES TO AN AUTHORIZED USER OF A
GOVERNMENT COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK; OR
2. HE OR SHE DISRUPTS PUBLIC SAFETY INFRASTRUCTURE COMPUTER SYSTEM
COMPUTER SERVICES OR DENIES OR CAUSES THE DENIAL OF COMPUTER SERVICES TO
AN AUTHORIZED USER OF A PUBLIC SAFETY INFRASTRUCTURE COMPUTER SYSTEM
COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK.
UNLAWFUL DISRUPTION OF COMPUTER SERVICES IN THE SECOND DEGREE IS A
CLASS E FELONY.
§ 6. The penal law is amended by adding a new section 156.15 to read
as follows:
§ 156.15 UNLAWFUL COMPUTER ACCESS ASSISTANCE IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL COMPUTER ACCESS ASSISTANCE IN THE
SECOND DEGREE WHEN HE OR SHE KNOWINGLY AND WITHOUT PERMISSION PROVIDES
OR ASSISTS IN PROVIDING A MEANS OF ACCESSING A COMPUTER, COMPUTER
SYSTEM, OR COMPUTER NETWORK IN VIOLATION OF THIS ARTICLE.
UNLAWFUL COMPUTER ACCESS ASSISTANCE IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
§ 7. The penal law is amended by adding a new section 156.16 to read
as follows:
§ 156.16 UNLAWFUL COMPUTER ACCESS ASSISTANCE IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL COMPUTER ACCESS ASSISTANCE IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL COMPUTER ACCESS
ASSISTANCE IN THE SECOND DEGREE AND PROVIDES OR ASSISTS IN PROVIDING A
MEANS OF ACCESSING A PUBLIC SAFETY INFRASTRUCTURE COMPUTER SYSTEM
COMPUTER, COMPUTER SYSTEM OR COMPUTER NETWORK IN VIOLATION OF THIS ARTI-
CLE.
UNLAWFUL COMPUTER ACCESS ASSISTANCE IN THE FIRST DEGREE IS A CLASS E
FELONY.
§ 8. The penal law is amended by adding a new section 156.12 to read
as follows:
§ 156.12 UNAUTHORIZED USE OF INTERNET DOMAIN NAME OR PROFILE.
A PERSON IS GUILTY OF UNAUTHORIZED USE OF INTERNET DOMAIN NAME OR
PROFILE WHEN HE OR SHE KNOWINGLY AND WITHOUT PERMISSION USES THE INTER-
NET DOMAIN NAME OR PROFILE OF ANOTHER INDIVIDUAL, CORPORATION, OR ENTITY
IN CONNECTION WITH THE SENDING OF ONE OR MORE ELECTRONIC MAIL MESSAGES
OR POSTS AND THEREBY DAMAGES OR CAUSES DAMAGE TO A COMPUTER, COMPUTER
DATA, COMPUTER SYSTEM OR COMPUTER NETWORK.
UNAUTHORIZED USE OF INTERNET DOMAIN NAME OR PROFILE IS A CLASS A
MISDEMEANOR.
§ 9. The penal law is amended by adding a new section 156.37 to read
as follows:
§ 156.37 UNLAWFUL INTRODUCTION OF A COMPUTER CONTAMINANT.
A PERSON IS GUILTY OF UNLAWFUL INTRODUCTION OF A COMPUTER CONTAMINANT
WHEN HE OR SHE KNOWINGLY INTRODUCES A COMPUTER CONTAMINANT INTO ANY
COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK.
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UNLAWFUL INTRODUCTION OF A COMPUTER CONTAMINANT IS A CLASS A MISDEMEA-
NOR.
§ 10. The penal law is amended by adding a new section 156.55 to read
as follows:
§ 156.55 CIVIL ACTIONS.
1. IN ADDITION TO ANY OTHER CIVIL REMEDY AVAILABLE, THE OWNER OR
LESSEE OF THE COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER
PROGRAM, OR DATA WHO SUFFERS DAMAGE OR LOSS BY REASON OF A VIOLATION OF
ANY SECTION OF THIS ARTICLE MAY BRING A CIVIL ACTION AGAINST THE VIOLA-
TOR FOR COMPENSATORY DAMAGES AND INJUNCTIVE RELIEF OR OTHER EQUITABLE
RELIEF. COMPENSATORY DAMAGES SHALL INCLUDE ANY EXPENDITURE REASONABLY
AND NECESSARILY INCURRED BY THE OWNER OR LESSEE TO VERIFY THAT A COMPUT-
ER SYSTEM, COMPUTER NETWORK, COMPUTER PROGRAM, OR DATA WAS OR WAS NOT
ALTERED, DAMAGED, OR DELETED BY THE ACCESS. IN ANY ACTION BROUGHT PURSU-
ANT TO THIS SECTION, THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES. FOR
THE PURPOSES OF ACTIONS AUTHORIZED BY THIS SECTION, THE CONDUCT OF AN
UNEMANCIPATED MINOR SHALL BE IMPUTED TO THE PARENT OR LEGAL GUARDIAN
HAVING CONTROL OR CUSTODY OF THE MINOR.
2. NO ACTION MAY BE BROUGHT PURSUANT TO THIS SECTION FOR A WILLFUL
VIOLATION OF THIS ARTICLE UNLESS IT IS INITIATED WITHIN THREE YEARS OF
THE DATE OF THE ACT COMPLAINED OF, OR THE DATE OF THE DISCOVERY OF THE
DAMAGE, WHICHEVER IS LATER.
§ 11. The penal law is amended by adding a new section 156.60 to read
as follows:
§ 156.60 OFFENSES INVOLVING COMPUTERS; FORFEITURE.
ANY COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY SOFTWARE OR
DATA, OWNED BY THE DEFENDANT, THAT IS USED DURING THE COMMISSION OF ANY
OFFENSE DESCRIBED IN THIS ARTICLE OR ANY COMPUTER, OWNED BY THE DEFEND-
ANT, WHICH IS USED AS A REPOSITORY FOR THE STORAGE OF SOFTWARE OR DATA
ILLEGALLY OBTAINED IN VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO
FORFEITURE.
§ 12. Subdivision 1 of section 6430 of the education law, as amended
by chapter 75 of the laws of 2004, is amended to read as follows:
1. The trustees or other governing board of every college chartered by
the regents or incorporated by special act of the legislature and which
maintains a campus, unless otherwise provided, shall adopt written rules
for implementing all policies required pursuant to this article and for
the maintenance of public order on college campuses and other college
property used for educational purposes and provide a program for the
enforcement thereof. Such rules shall prohibit, among other things, any
action or situation which recklessly or intentionally endangers mental
or physical health or involves the forced consumption of liquor or drugs
for the purpose of initiation into or affiliation with any organization.
Such rules shall govern the conduct of students, faculty and other staff
as well as visitors and other licensees and invitees on such campuses
and property AND SHALL INCLUDE COMPUTER-RELATED CRIMES AS A SPECIFIC
VIOLATION OF SUCH RULES. The penalties for violations of such rules
shall be clearly set forth therein and shall include provisions for the
ejection of a violator from such campus and property, in the case of a
student or faculty violator his or her suspension, expulsion, or other
appropriate disciplinary action, and in the case of an organization
which authorizes such conduct, recision of permission for that organiza-
tion to operate on campus property AND SHALL ALSO INCLUDE PENALTIES FOR
COMPUTER-RELATED CRIMES THAT MAY SUBJECT A STUDENT TO DISCIPLINARY SANC-
TIONS UP TO AND INCLUDING DISMISSAL FROM THE INSTITUTION. Such penal-
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ties shall be in addition to any penalty pursuant to the penal law or
any other law to which a violator or organization may be subject.
§ 13. This act shall take effect on the one hundred eightieth day
after it shall have become a law.