SENATE PASSES LEGISLATION TO CRACK DOWN ON

CYBER-TERRORISM AND COMPUTER CRIMES

The New York State Senate today passed legislation, sponsored by Senator Vincent Leibell (R-C-I, Patterson) that would crack down on computer crime by creating the new crimes of cyber-terrorism; computer intrusion; aggravated computer intrusion; and use of a minor in the commission of a computer offense.

"According to the U.S. Census Bureau, three out of four households in America have access to a home computer," said Senator Leibell. "Despite that, New York’s existing computer crimes law does not yet protect the average person or business that uses a computer on a daily basis. Therefore, it has become necessary to update the penal law to punish those computer criminals who through their illegal actions pose a significant threat to individuals, our society and our economy."

"The state law that deals with computer crimes is over twenty years old and in today’s world of constantly evolving technology, it is critically important that our laws are kept up to date," said Senate Majority Leader Joseph L. Bruno. "Computers are used to store an individuals financial records, medical history, credit data and other confidential information, as well as to provide New Yorkers with power, emergency systems, and transportation. Unfortunately, criminals continue to evolve along with technology and can do great damage in cyberspace. This legislation will update our laws to ensure computer crimes are properly punished."

The bill (S.3811) creates the new crime of cyberterrorism when a criminal, with intent to intimidate the population or influence the policy of a unit of government, commits any of the computer crimes contained within article 156 of the penal code.

The legislation also establishes the crime of computer intrusion in the third degree, a class A misdemeanor, when someone alters, destroys, or installs computer programs or software without authorization, or commits a denial of service attack. When these actions are taken with the intention of committing a felony, or cause more than $2,500 in damages, the perpetrator would be guilty of computer intrusion in the second degree, a class E felony. If damages exceed $10,000, the offense would be the class D felony of computer intrusion in the first degree.

In addition, the bill establishes the class E felony of aggravated computer intrusion when a person commits any of the above crimes and in addition, develops a worm or virus that modifies an operating system, making it difficult to repair, or creates an exploit to attack a specific vulnerability in an operating system or software. The bill also makes it a crime to intentionally influence a child to commit a computer offense or to willfully supply a child with the information to commit the offense.The bill was sent to the Assembly.

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