S.22.2-66: Don't Be A Hack Act (PASSED)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
March 28, 2024, 06:43:00 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  Atlas Fantasy Elections
  Atlas Fantasy Government
  Regional Governments (Moderators: Southern Senator North Carolina Yankee, Lumine)
  S.22.2-66: Don't Be A Hack Act (PASSED)
« previous next »
Pages: [1]
Author Topic: S.22.2-66: Don't Be A Hack Act (PASSED)  (Read 210 times)
fhtagn
Atlas Icon
*****
Posts: 12,521
Vatican City State


Show only this user's posts in this thread
« on: June 30, 2022, 08:37:41 PM »
« edited: July 07, 2022, 06:49:51 PM by fhtagn »

Quote
DON’T BE A HACK ACT

Quote
TITLE I: DEFINITIONS

1. As used in this Act:

A.  Cause to be copied means to distribute or transfer computer software, or any component thereof.  Such term shall not include providing transmission, routing, provision of intermediate temporary storage, or caching of software; a storage or hosting medium, such as a compact disk, web site, or computer server through which the software was distributed by a third party; or an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software.

B. Computer software means a sequence of instructions written in any programming language that is executed on a computer.  Computer software does not include a data component of a web page that is not executable independently of the web page.

C.  Computer virus means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks.

D. Damage means any significant impairment to the integrity or availability of data, software, a system, or information.

E.  Execute, when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software.

F.  Intentionally deceptive means an intentionally and materially false or fraudulent statement; a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or an intentional and material failure to provide a notice to an owner or operator regarding the installation or execution of computer software for the purpose of deceiving the owner or operator.

G.  Internet means the global information system that is logically linked together by a globally unique address space based on the internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subsection.

H  Owner or operator means the owner or lessee of a computer, or a person using such computer with the owner or lessee’s authorization, but does not include a person who owned a computer prior to the first retail sale of the computer.

I.  Message means a graphical or text communication presented to an authorized user of a computer.

J.  Personally identifiable information means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer: The first name or first initial in combination with the last name; a home or other physical address including street name; personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number or other identification number transmitted by an authorized user to the issuer of the account or its agent; social security number, tax identification number, driver’s license number, passport number, or any other government-issued identification number; or an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer.


TITLE II: CRIMINAL USE OF SOFTWARE

1. It shall be a felony punishable by imprisonment for no more than five (5) years, a fine of no more than $25,000.00, and restitution, for any person who is not an owner or operator of a computer to cause computer software to be copied on such computer knowingly or with conscious avoidance of actual knowledge or willfully, and to use such software to do any of the following:

A.  Modify, through intentionally deceptive means, settings of a computer that control any of the following:  The web page that appears when an owner or operator launches an Internet browser or similar computer software used to access and navigate the Internet; he default provider or web proxy that an owner or operator uses to access or search the Internet; or an owner’s or an operator’s list of bookmarks used to access web pages.

B.  Collect, through intentionally deceptive means, personally identifiable information through any of the following means: the use of a keystroke-logging function that records all or substantially all keystrokes made by an owner or operator of a computer and transfers that information from the computer to another person; in a manner that correlates personally identifiable information with data regarding all or substantially all of the Web sites visited by an owner or operator, other than Web sites operated by the person providing such software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed; or by extracting from the hard drive of an owner’s or an operator’s computer, an owner’s or an operator’s social security number, tax identification number, driver’s license number, passport number, any other government-issued identification number, account balances, or overdraft history for a purpose unrelated to any of the purposes of the software or service described to an authorized user.

C.  Prevent, through intentionally deceptive means, an owner’s or an operator’s reasonable efforts to block the installation of or execution of, or to disable, computer software by causing computer software that the owner or operator has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.

D.  Intentionally misrepresent that computer software will be uninstalled or disabled by an owner’s or an operator’s action.

E.  Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus computer software installed on an owner’s or an operator’s computer.

F.  Enable use of an owner’s or an operator’s computer to do any of the following: accessing or using a modem or Internet service for the purpose of causing damage to an owner’s or an operator’s computer or causing an owner or operator , or a third party affected by such conduct to incur financial charges for a service that the owner or operator did not authorize; opening multiple, sequential, stand-alone messages in an owner’s or an operator’s computer without the authorization of an owner or operator and with knowledge that a reasonable computer user could not close the messages without turning off the computer or closing the software application in which the messages appear; provided that this paragraph shall not apply to communications originated by the computer’s operating system, originated by a software application that the user chooses to activate, originated by a service provider that the user chooses to use, or presented for any of the purposes described herein; or transmitting or relaying commercial electronic mail or a computer virus from the computer, where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user.

G.  Modify any of the following settings related the computer’s access to, or use of, the Internet: settings that protect information about an owner or operator for the purpose of taking personally identifiable information of the owner or operator; security settings for the purpose of causing damage to a computer; or settings that protect the computer from the uses identified herein

H.  Prevent, without the authorization of an owner or operator, an owner’s or an operator’s reasonable efforts to block the installation of, or to disable, computer software by doing any of the following: presenting the owner or operator with an option to decline installation of computer software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds; falsely representing that computer software has been disabled; requiring in an intentionally deceptive manner the user to access the Internet to remove the software with knowledge or reckless disregard of the fact that the software frequently operates in a manner that prevents the user from accessing the Internet; changing the name, location or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it; using randomized or intentionally deceptive filenames, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user; causing the installation of software in a particular computer directory or computer memory for the purpose of evading authorized users’ attempts to remove the software from the computer; or requiring, without the authority of the owner of the computer, that an authorized user obtain a special code or download software from a third party to uninstall the software.


TITLE III: OTHER CRIMINAL ACTS

1. It shall be a felony punishable by imprisonment for no more than five (5) years, a fine of no more than $25,000.00, and restitution, for any person who is not an owner or operator of a computer to do any of the following with regard to the computer:

A.  Induce an owner or operator to install a computer software component onto the owner’s or the operator’s computer by intentionally misrepresenting that installing computer software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content; or

B.  Using intentionally deceptive means to cause the execution of a computer software component with the intent of causing the computer to use such component in a manner that violates any other provision of this chapter.


TITLE IV: EXCEPTIONS

1. Titles 2 and 3 shall not apply to the monitoring of, or interaction with, an owner’s or an operator’s Internet or other network connection, service, or computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, network management, authorized updates of computer software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this act.


TITLE V: CIVIL REMEDIES

1.  The attorney general, an Internet service provider, or software company that expends resources in good faith assisting authorized users harmed by a violation of this act, or a trademark owner whose mark is used to deceive authorized users in violation of this act,  may bring a civil action against a person who violates any provision of this chapter to recover actual damages, liquidated damages of at least $10,000.00 per violation of this act, not to exceed one million dollars for a pattern or practice of such violations, attorney fees, and costs.

2.  The court may award treble damages if the court determines that the defendant committed the violation willfully and knowingly.

3.  The court may reduce liquidated damages recoverable under this Title, to a minimum of $100.00, not to exceed $100,000.00 for each violation if the court finds that the defendant established and implemented practices and procedures reasonably designed to prevent a violation of this act.

4. In the case of a violation of this act that causes a telecommunications carrier or provider of voice over internet protocol (VOIP) service to incur costs for the origination, transport, or termination of a call triggered using the modem or Internet-capable device of a customer of such telecommunications carrier or provider as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:

A. the charges such carrier or provider is obligated to pay to another carrier or to an information service provider as a result of the violation, including but not limited to charges for the origination, transport or termination of the call;

B. costs of handling customer inquiries or complaints with respect to amounts billed for such calls;

C. legal costs and reasonable attorneys’ fee; and

D. an order to enjoin the violation.

5. For purposes of a civil action under sections (1), (2) and (3) of this title, any single action or conduct that violates more than one (1) provision of this act shall be considered multiple violations based on the number of such provisions violated.

6. No provider of computer software or of an interactive computer service may be held liable for identifying, naming, removing, disabling, or otherwise affecting a computer program through any action voluntarily undertaken, or service provided, where the provider:

A. Intends to identify accurately, prevent the installation or execution of, remove, or disable another computer program on a computer of a customer of such provider; and

B. Reasonably believes the computer program exhibits behavior that violates this act; and

C. Notifies the authorized user and obtains clear and conspicuous consent before undertaking such action or providing such service.

7. A provider of computer software or interactive computer service is entitled to protection under this title only if such provider:

A. Has established internal practices and procedures to evaluate computer programs reasonably designed to determine whether or not a computer program exhibits behavior that violates this act; and

B. Has established a process for managing disputes and inquiries regarding misclassification or false positive identifications of computer programs.

8. Nothing in this section is intended to limit the ability of the Attorney General, or a prosecutor to bring an action against a provider of computer software or of an interactive computer service.


TITLE VI: ENACTMENT

1. This act shall take effect sixty (60) days after the date of passage.



Sponsor: fhtagn
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #1 on: June 30, 2022, 10:24:12 PM »

This makes it a crime and a civil tort to use hacking software to hack a computer.
Logged
fhtagn
Atlas Icon
*****
Posts: 12,521
Vatican City State


Show only this user's posts in this thread
« Reply #2 on: July 05, 2022, 06:12:01 PM »

If there are no more comments, I move we proceed to a vote. 24 hours for objections.
Logged
fhtagn
Atlas Icon
*****
Posts: 12,521
Vatican City State


Show only this user's posts in this thread
« Reply #3 on: July 06, 2022, 07:53:15 PM »

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.
Logged
reagente
Atlas Politician
Jr. Member
*****
Posts: 1,832
United States


Political Matrix
E: 5.10, S: 4.96

Show only this user's posts in this thread
« Reply #4 on: July 06, 2022, 08:08:53 PM »

aye
Logged
UlmerFudd
Jr. Member
***
Posts: 1,594
United States


Political Matrix
E: 2.45, S: -0.17


Show only this user's posts in this thread
« Reply #5 on: July 06, 2022, 08:11:37 PM »

aye
Logged
fhtagn
Atlas Icon
*****
Posts: 12,521
Vatican City State


Show only this user's posts in this thread
« Reply #6 on: July 06, 2022, 08:17:43 PM »

Aye
Logged
fhtagn
Atlas Icon
*****
Posts: 12,521
Vatican City State


Show only this user's posts in this thread
« Reply #7 on: July 06, 2022, 08:22:05 PM »

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest
Logged
RFayette
Junior Chimp
*****
Posts: 9,951
United States


Show only this user's posts in this thread
« Reply #8 on: July 06, 2022, 08:33:20 PM »

Aye
Logged
President Punxsutawney Phil
TimTurner
Atlas Politician
Atlas Legend
*****
Posts: 41,121
United States


Show only this user's posts in this thread
« Reply #9 on: July 07, 2022, 03:55:49 PM »

Aye
Logged
fhtagn
Atlas Icon
*****
Posts: 12,521
Vatican City State


Show only this user's posts in this thread
« Reply #10 on: July 07, 2022, 06:49:40 PM »

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0


Quote
DON’T BE A HACK ACT

Quote
TITLE I: DEFINITIONS

1. As used in this Act:

A.  Cause to be copied means to distribute or transfer computer software, or any component thereof.  Such term shall not include providing transmission, routing, provision of intermediate temporary storage, or caching of software; a storage or hosting medium, such as a compact disk, web site, or computer server through which the software was distributed by a third party; or an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software.

B. Computer software means a sequence of instructions written in any programming language that is executed on a computer.  Computer software does not include a data component of a web page that is not executable independently of the web page.

C.  Computer virus means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks.

D. Damage means any significant impairment to the integrity or availability of data, software, a system, or information.

E.  Execute, when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software.

F.  Intentionally deceptive means an intentionally and materially false or fraudulent statement; a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or an intentional and material failure to provide a notice to an owner or operator regarding the installation or execution of computer software for the purpose of deceiving the owner or operator.

G.  Internet means the global information system that is logically linked together by a globally unique address space based on the internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subsection.

H  Owner or operator means the owner or lessee of a computer, or a person using such computer with the owner or lessee’s authorization, but does not include a person who owned a computer prior to the first retail sale of the computer.

I.  Message means a graphical or text communication presented to an authorized user of a computer.

J.  Personally identifiable information means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer: The first name or first initial in combination with the last name; a home or other physical address including street name; personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number or other identification number transmitted by an authorized user to the issuer of the account or its agent; social security number, tax identification number, driver’s license number, passport number, or any other government-issued identification number; or an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer.


TITLE II: CRIMINAL USE OF SOFTWARE

1. It shall be a felony punishable by imprisonment for no more than five (5) years, a fine of no more than $25,000.00, and restitution, for any person who is not an owner or operator of a computer to cause computer software to be copied on such computer knowingly or with conscious avoidance of actual knowledge or willfully, and to use such software to do any of the following:

A.  Modify, through intentionally deceptive means, settings of a computer that control any of the following:  The web page that appears when an owner or operator launches an Internet browser or similar computer software used to access and navigate the Internet; he default provider or web proxy that an owner or operator uses to access or search the Internet; or an owner’s or an operator’s list of bookmarks used to access web pages.

B.  Collect, through intentionally deceptive means, personally identifiable information through any of the following means: the use of a keystroke-logging function that records all or substantially all keystrokes made by an owner or operator of a computer and transfers that information from the computer to another person; in a manner that correlates personally identifiable information with data regarding all or substantially all of the Web sites visited by an owner or operator, other than Web sites operated by the person providing such software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed; or by extracting from the hard drive of an owner’s or an operator’s computer, an owner’s or an operator’s social security number, tax identification number, driver’s license number, passport number, any other government-issued identification number, account balances, or overdraft history for a purpose unrelated to any of the purposes of the software or service described to an authorized user.

C.  Prevent, through intentionally deceptive means, an owner’s or an operator’s reasonable efforts to block the installation of or execution of, or to disable, computer software by causing computer software that the owner or operator has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.

D.  Intentionally misrepresent that computer software will be uninstalled or disabled by an owner’s or an operator’s action.

E.  Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus computer software installed on an owner’s or an operator’s computer.

F.  Enable use of an owner’s or an operator’s computer to do any of the following: accessing or using a modem or Internet service for the purpose of causing damage to an owner’s or an operator’s computer or causing an owner or operator , or a third party affected by such conduct to incur financial charges for a service that the owner or operator did not authorize; opening multiple, sequential, stand-alone messages in an owner’s or an operator’s computer without the authorization of an owner or operator and with knowledge that a reasonable computer user could not close the messages without turning off the computer or closing the software application in which the messages appear; provided that this paragraph shall not apply to communications originated by the computer’s operating system, originated by a software application that the user chooses to activate, originated by a service provider that the user chooses to use, or presented for any of the purposes described herein; or transmitting or relaying commercial electronic mail or a computer virus from the computer, where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user.

G.  Modify any of the following settings related the computer’s access to, or use of, the Internet: settings that protect information about an owner or operator for the purpose of taking personally identifiable information of the owner or operator; security settings for the purpose of causing damage to a computer; or settings that protect the computer from the uses identified herein

H.  Prevent, without the authorization of an owner or operator, an owner’s or an operator’s reasonable efforts to block the installation of, or to disable, computer software by doing any of the following: presenting the owner or operator with an option to decline installation of computer software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds; falsely representing that computer software has been disabled; requiring in an intentionally deceptive manner the user to access the Internet to remove the software with knowledge or reckless disregard of the fact that the software frequently operates in a manner that prevents the user from accessing the Internet; changing the name, location or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it; using randomized or intentionally deceptive filenames, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user; causing the installation of software in a particular computer directory or computer memory for the purpose of evading authorized users’ attempts to remove the software from the computer; or requiring, without the authority of the owner of the computer, that an authorized user obtain a special code or download software from a third party to uninstall the software.


TITLE III: OTHER CRIMINAL ACTS

1. It shall be a felony punishable by imprisonment for no more than five (5) years, a fine of no more than $25,000.00, and restitution, for any person who is not an owner or operator of a computer to do any of the following with regard to the computer:

A.  Induce an owner or operator to install a computer software component onto the owner’s or the operator’s computer by intentionally misrepresenting that installing computer software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content; or

B.  Using intentionally deceptive means to cause the execution of a computer software component with the intent of causing the computer to use such component in a manner that violates any other provision of this chapter.


TITLE IV: EXCEPTIONS

1. Titles 2 and 3 shall not apply to the monitoring of, or interaction with, an owner’s or an operator’s Internet or other network connection, service, or computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, network management, authorized updates of computer software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this act.


TITLE V: CIVIL REMEDIES

1.  The attorney general, an Internet service provider, or software company that expends resources in good faith assisting authorized users harmed by a violation of this act, or a trademark owner whose mark is used to deceive authorized users in violation of this act,  may bring a civil action against a person who violates any provision of this chapter to recover actual damages, liquidated damages of at least $10,000.00 per violation of this act, not to exceed one million dollars for a pattern or practice of such violations, attorney fees, and costs.

2.  The court may award treble damages if the court determines that the defendant committed the violation willfully and knowingly.

3.  The court may reduce liquidated damages recoverable under this Title, to a minimum of $100.00, not to exceed $100,000.00 for each violation if the court finds that the defendant established and implemented practices and procedures reasonably designed to prevent a violation of this act.

4. In the case of a violation of this act that causes a telecommunications carrier or provider of voice over internet protocol (VOIP) service to incur costs for the origination, transport, or termination of a call triggered using the modem or Internet-capable device of a customer of such telecommunications carrier or provider as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:

A. the charges such carrier or provider is obligated to pay to another carrier or to an information service provider as a result of the violation, including but not limited to charges for the origination, transport or termination of the call;

B. costs of handling customer inquiries or complaints with respect to amounts billed for such calls;

C. legal costs and reasonable attorneys’ fee; and

D. an order to enjoin the violation.

5. For purposes of a civil action under sections (1), (2) and (3) of this title, any single action or conduct that violates more than one (1) provision of this act shall be considered multiple violations based on the number of such provisions violated.

6. No provider of computer software or of an interactive computer service may be held liable for identifying, naming, removing, disabling, or otherwise affecting a computer program through any action voluntarily undertaken, or service provided, where the provider:

A. Intends to identify accurately, prevent the installation or execution of, remove, or disable another computer program on a computer of a customer of such provider; and

B. Reasonably believes the computer program exhibits behavior that violates this act; and

C. Notifies the authorized user and obtains clear and conspicuous consent before undertaking such action or providing such service.

7. A provider of computer software or interactive computer service is entitled to protection under this title only if such provider:

A. Has established internal practices and procedures to evaluate computer programs reasonably designed to determine whether or not a computer program exhibits behavior that violates this act; and

B. Has established a process for managing disputes and inquiries regarding misclassification or false positive identifications of computer programs.

8. Nothing in this section is intended to limit the ability of the Attorney General, or a prosecutor to bring an action against a provider of computer software or of an interactive computer service.


TITLE VI: ENACTMENT

1. This act shall take effect sixty (60) days after the date of passage.


Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.062 seconds with 12 queries.