Introduced By: Representatives Kennedy, Lewiss, Henseler, Quick and Naughton
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-52-1 and 11-52-6 of the General Laws in Chapter 11-52 entitled "Computer Crime" are hereby amended to read as follows:
11-52-1. Definitions. -- As used in this chapter:
(1) "Access" means to approach, instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of, a computer, computer system, or computer network.
(2) "Computer" means {ADD an electronic, magnetic, optical,
hydraulic or organic device or group of devices which, pursuant
to a computer program, to human instruction, or to permanent instructions
contained in the device or group of devices, can automatically
perform computer operations with or on computer data and can communicate
the results to another computer or to a person. The term "computer"
includes any connected or directly related device, equipment,
or facility which enables the computer to store, retrieve or communicate
computer programs, computer data or the results of computer operations
to or from a person, another computer or another device. ADD} {DEL an
electronic device which performs logical, arithmetic, and memory
functions by the manipulations of electronic or magnetic impulses,
and includes all input, output, processing, storage, software,
or communication facilities which are connected or related to
such a device in a system or network. DEL}
{ADD (3) "Computer data" means any representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared and is intended to be processed, is being processed, or has been processed in a computer or computer network. "Computer data" may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer. ADD}
{DEL (3) DEL} {ADD (4) ADD} "Computer network" means
{DEL the interconnection of communication lines with a computer
through remote terminals, or a complex consisting of two or more
interconnected computers. DEL} {ADD a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data among
them through the communications facilities. ADD}
{ADD (5) "Computer operation" means arithmetic, logical, monitoring, storage or retrieval functions and any combination thereof, and includes, but is not limited to, communication with, storage of data to, or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. A "computer operation" for a particular computer may also be any function for which that computer was generally designed. ADD}
{DEL (4) DEL} {ADD (6) ADD} "Computer program" means
a series of instructions or statements or related data that, in
actual or modified form, is capable of causing a computer or a
computer system to perform specified functions in a form acceptable
to a computer, which permits the functioning of a computer system
in a manner designed to provide appropriate products from such
computer systems.
{ADD (7) "Computer services" includes computer time or services, data processing services, Internet service providers' networks and facilities located in the state or information or data stored in connection therewith. ADD}
{DEL (5) DEL} {ADD (8) ADD} "Computer software"
means a set of computer programs, procedures, and associated documentation
concerned with the operation of a computer {ADD , ADD} {DEL system DEL}
{ADD computer program or computer network. ADD}
{DEL (6) DEL} {ADD (9) ADD} "Computer system" means
a set of related, connected or unconnected, computer equipment,
devices, and software.
{DEL (7) DEL} {ADD (10) ADD} "Data" means any representation
of information, knowledge, facts, concepts, or instructions which
are being prepared or have been prepared and are intended to be
entered, processed, or stored, are being entered, processed, or
stored or have been entered, processed, or stored in a computer,
computer system, or computer network.
{ADD (11) "Electronic mail service provider" means any business or organization qualified to do business in the State of Rhode Island that provides registered users the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail. ADD}
{ADD (12) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card transaction authorization mechanism, marketable security, or any computerized representation thereof. ADD}
{ADD (13) "Owner" means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, computer programs, or computer software. ADD}
{ADD (14) "Person" shall include any individual, partnership, association, corporation or joint venture. ADD}
{DEL (8) DEL} {ADD (15) ADD} "Property" includes,
but is not limited to {DEL , financial instruments, information,
including electronically produced data, and computer software
and programs in either machine or human readable form, and any
other tangible or intangible item of value. DEL} {ADD : ADD}
{ADD (a) Real property; ADD}
{ADD (b) Computers and computer networks; ADD}
{ADD (c) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are: ADD}
{ADD (i) Tangible or intangible; ADD}
{ADD (ii) In a format readable by humans or by a computer; ADD}
{ADD (iii) In transit between computers or within a computer network or between any devices which comprise a computer; or ADD}
{ADD (iv) Located on any paper or in any device on which it is stored by a computer or by a human; and ADD}
{ADD (v) Computer services. ADD}
{ADD (d) A person "uses" a computer or computer network when he or she: ADD}
{ADD (i) Attempts to cause or causes a computer or computer network to perform or to stop performing computer operations; ADD}
{ADD (ii) Attempts to cause or causes the withholding or denial of the use of a computer, computer network, computer program, computer data or computer software to another user; or ADD}
{ADD (iii) Attempts to cause or causes another person to put false information into a computer. ADD}
{ADD (e) A person is "without authority" when (i) he or she has no right or permission of the owner to use a computer, or, he uses a computer in a manner exceeding such right or permission or (ii) he uses an Internet service e-mail system offered by a Rhode-Island - based Internet service provider in contravention of the authority granted by or in violation of the policies set by the Internet service provider. ADD}
{ADD (f) Transmission of electronic mail from an organization to its members shall not be deemed to be unsolicited bulk electronic mail. ADD}
{DEL (9) DEL} {ADD (16) ADD} "Services" includes,
but is not limited to, computer time, data processing, and storage
functions.
{DEL (10) DEL}{ADD (17) ADD} "Source document" means an
original document or record which forms the basis of every electronic
entry put into a computer, computer system, or computer network.
11-52-6. Civil action. -- {ADD (a) ADD} Any person injured as a result of a violation of this chapter may bring a civil action against the violator for compensatory damages, punitive damages, court costs, and such other relief as the court deems appropriate, including reasonable attorneys' fees.
{ADD (b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover the lesser of five hundred dollars ($500) for each and every unsolicited bulk electronic mail message transmitted in violation of this chapter up to a maximum of twenty-five thousand dollars ($25,000) per day. The injured person shall not have a cause of action against the electronic mail service provider which merely transmits the unsolicited bulk electronic mail over its computer network. ADD}
{ADD (c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorneys fees and costs, and may elect, in lieu of actual damages, to recover the greater of five hundred dollars ($500.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this chapter up to a maximum of twenty-five thousand dollars ($25,000) per day. ADD}
{ADD (d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. ADD}
{ADD (e) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law. ADD}
SECTION 2. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby amended by adding thereto the following section:
{ADD 11-52-4.1. Computer trespass. -- ADD} {ADD It shall be unlawful for any person to use a computer or computer network without authority and with the intent to: ADD}
{ADD (1) Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network; or ADD}
{ADD (2) Cause a computer to malfunction regardless of how long the malfunction persists; or ADD}
{ADD (3) Alter or erase any computer data, computer programs, or computer software; or ADD}
{ADD (4) Effect the creation or alteration of a financial instrument or of an electronic transfer of funds; or ADD}
{ADD (5) Cause physical injury to the property of another; or ADD}
{ADD (6) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or ADD}
{ADD (7) Forge e-mail header information or other Internet routine information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers; or ADD}
{ADD (8) To sell, give or otherwise distribute or possess with the intent to sell, give or distribute software which is designed to facilitate or enable the forgery of electronic mail header information or other Internet routing information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a Rhode Island - based electronic mail service provider to prevent the transmission of unsolicited bulk electronic mail in violation of this act. ADD}
SECTION 3. This act shall take effect on Octobert 1, 1999.
