REPORT TITLE: 
Cyber Terrorism


DESCRIPTION:
Establishes the offenses of cyber terrorism of law enforcement
officer and cyber terrorism.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           2132
TWENTIETH LEGISLATURE, 2000                                H.D.1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                     A BILL FOR AN ACT

RELATING TO CYBER TERRORISM.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 708-890, Hawaii Revised Statutes, is
 
 2 amended by adding eight new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Cyber" means the electronic, digital, cellular, and
 
 5 telecommunication media in which communication can be established
 
 6 from one transmitter to another, i.e., the internet.
 
 7      "Domain name" on the internet, consists of a set of network
 
 8 addresses. This domain is organized in levels in the internet's
 
 9 domain name system (DNS).  A domain is a name with which name
 
10 server records are associated that describe sub-domains or hosts.
 
11      "Internet service provider" (ISP) means an entity that
 
12 provides access services to the internet.
 
13      "E-mail" means electronic mail. It is usually provided by an
 
14 ISP. It allows for the delivery of mail (messages) over the
 
15 internet.
 
16      "Internet" means the electronic network that connects hosts
 
17 together making it possible to go from one web page to another
 
18 efficiently. It is also identified as the worldwide web (www).
 

 
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 1      "Law enforcement officer" means any person as defined in
 
 2 Section 712A-1.
 
 3      "Personal information" means social security numbers,
 
 4 employer identification numbers, financial account numbers, dates
 
 5 of birth, drivers license identification, or any other
 
 6 identification that is proprietary to an individual person."
 
 7      "Terrorism" means to threaten by word or conduct, to cause
 
 8 bodily injury to another person or serious damage to property of
 
 9 another, or to commit a felony with the intent to terrorize, or
 
10 in reckless disregard of the risk of terrorizing, another person;
 
11 or with intent to cause, or in reckless disregard of the risk of
 
12 causing evacuation of a building, place of assembly, or facility
 
13 of public transportation."
 
14      SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended
 
15 by adding two new sections to be appropriately designated and to
 
16 read as follows:
 
17      "§708-     Cyber terrorism of law enforcement officer.  (1)
 
18 A person commits the offense of cyber terrorism of law
 
19 enforcement officer if:
 
20      (a)  Without the consent of the law enforcement officer, and
 
21           with the intent to threaten, harass, annoy, or alarm a
 
22           law enforcement officer, or in reckless disregard of
 
23           the risk thereof, that person constructs, establishes
 

 
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 1           or maintains a website on the Internet, or transmits e-
 
 2           mail, with the personal information of the law
 
 3           enforcement officer; or, without the consent of a law
 
 4           enforcement officer a person possesses personal
 
 5           information of law enforcement officers from the
 
 6           internet; or
 
 7      (b)  Without the consent of the law enforcement officer, a
 
 8           person assumes the law enforcement officers personal
 
 9           information with the intent to threaten, harass, annoy,
 
10           or alarm a law enforcement officer, or any other person
 
11           related to the law enforcement officer; or
 
12      (2)  An internet service provider, with its identified
 
13 domain name, commits the offense of cyber terrorism of law
 
14 enforcement officer if the internet service provider:
 
15      (a)  Assists, establishes in the construction, or
 
16           maintenance of a website that allows the personal
 
17           information of a law enforcement officer to be viewed
 
18           on the internet; and,
 
19      (b)  After three written warnings to the internet service
 
20           provider, the internet service provider refuses to
 
21           remove the personal information of a law enforcement
 
22           officer and continues to recklessly allow personal
 

 
 
 
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 1           information of a law enforcement officer to be
 
 2           accessible from their site.
 
 3      (3)  Cyber terrorism of a law enforcement officer is a class
 
 4           B felony.
 
 5      §708-      Cyber terrorism.  (1)  A person commits the
 
 6 offense of Cyber terrorism if:
 
 7      (a)  Without the consent of another, a person assumes the
 
 8           personal information of another and utilizes the
 
 9           personal information of another on the internet and e-
 
10           mail with the intent to threaten, harass, annoy, or
 
11           alarm another or any other person; or,
 
12      (2)  An internet service provider, with its identified
 
13 domain name, commits the offense of cyber terrorism if the
 
14 internet service provider:
 
15      (a)  Assists, establishes in the construction, or
 
16           maintenance of a website that allows personal
 
17           information to be viewed on the internet; and
 
18      (b)  After three written warnings to the internet service
 
19           provider, the internet service provider refuses to
 
20           remove the personal information of another and
 
21           continues to recklessly allow personal information of
 
22           another to be accessible from their site.
 
23      (3)  Cyber terrorism is a class C felony."
 

 
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 1      SECTION 3.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 4.  New statutory material is underscored.
 
 5      SECTION 5.  This Act shall take effect upon its approval.