Vote Smart's Synopsis:

Vote to pass a bill that establishes criminal penalties for illegal hacking and other cyber crimes.

Highlights:

• Defines “computer service” to mean the following, including (Sec. 2913.86):

• A data processing service or a storage function;

• An internet service, an electronic mail service, or an electronic message service;

• Website access, an internet-based electronic gaming service; and

• Any other similar computer system, computer network, or internet-based service.

• Defines “malware” to mean a set of computer instructions that is designed or used to modify, damage, destroy, disable, deny, or degrade access to, gain access to, functionally impair, or record or transmit information within a computer, computer system, or computer network without the authorization of the owner or other individual authorized to give consent (Sec. 2913.86).

• Prohibits any individual from knowingly and without authorization gaining access to, attempting to gain access to, or cause access to be gained to a computer, computer system, or computer network when either of the following applies (Sec. 2913.86):

• The access is gained, attempted to be gained, or caused to be gained with the intent to commit a crime in violation of state law; or

• The computer, computer system, or computer network is maintained by the state or a political subdivision.

• Specifies that whoever violates the aforementioned provisions shall be charged with computer trespassing and be guilty of a fourth degree felony (Sec. 2913.86).

• Specifies that if the computer, computer system, or computer network involved in the aforementioned violations is used in the operation of an aircraft and the violation creates substantial risk of physical harm to any person or the aircraft in question is an occupied then the violation shall be a third degree felony (Sec. 2913.86).

• Specifies that if an individual commits computer trespassing for the following purposes that results in a victim’s loss of $150,000 or more then the violation shall result in a third degree felony (Sec. 2913.86):

• Devising or executing a scheme to defraud or to obtain property or service;

• Obtaining money, property, or services by false or fraudulent pretenses; or

• Committing any other criminal offense.

• Specifies that an offender that acts recklessly with regard to the status of the victim as an elderly individual, diabled adult, and damages the property or services in an of $7,500 or more shall be guilty of a third degree felony (Sec. 2913.86).

• Specifies that an offender that acts recklessly with regard to the status of the victim as an elderly individual, diabled adult, and damages the property or services in an of $37,500 or more shall be guilty of a second degree felony (Sec. 2913.86).

• Prohibits any individual from knowingly and without authorization causing or attempting to cause the transmission of data, computer program, or an electronic command that interrupts or suspends access to or use of a computer network or computer service with the intent to impair the functioning of a computer network or computer service and specifies that offenders shall be guilty of electronic computer service interference and a fourth degree felony (Sec. 2913.88).

• Prohibits any individual from knowingly and without authorization altering or attempting to alter data as it travels between 2 computer systems over an open or unsecure network or introduce or attempt to introduce malware to any electronic data, computer, computer system or computer network when the following applies, including (Sec. 2913.89):

• The individual intended to devise or execute a scheme to defraud deceive or extort;

• The individual intended to commit any other crime in violation of state law;

• The individual intended to wrongfully control or obtain property or wrongfully gain access to electronic data; or

• The electronic data, computer, computer system, or computer network is maintained by the state or a political subdivision.

• Specifies that any individual who violates the aforementioned provisions shall be charged with either electronic data tampering and guilty of a third degree felony or electronic data manipulation and guilty of a fourth degree felony (Sec. 2913.89).

• Authorizes the owner or lessee of any electronic data, computer, computer system, or computer network who suffers damage or loss by an individual committing any of the aforementioned provisions to bring a civil action against the individual convicted for compensatory damages and injunctive or other equitable relief (Sec. 2913.93).

• Authorizes a court to award reasonable attorney's fees to the owner or lessee who suffered the damage or loss (Sec. 2913.93).

• Specifies that no action may be brought under this act unless it is initiated within 2 years of the date of the act complained of or the date of the discovery of the damage, whichever is later (Sec. 2913.93).

• Specifies that an individual shall not have violated the aforementioned provisions if they are acting within the scope of their employment and perform actions that are reasonably necessary to the performance of the individual’s work assignments or duties and mistakenly go beyond the scope of their employment acts (Sec. 2913.94).

Full Bill Text