Report Title:
Cyber-Terrorism
Description:
Adds offense of cyber-terrorism and cyber-terrorism of a law enforcement officer, and amends definitions of entry without disruption and computer fraud.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1201 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMPUTER CRIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-890, Hawaii Revised Statutes, is amended by adding eight new definitions to be appropriately inserted and to read as follows:
""Cyber" means the electronic, digital, cellular, telecommunication media in which communication can be established from one transmitter to another, i.e., the internet.
"Domain name" is the name that internet name server records associate with subdomains or hosts.
"E-mail" means electronic mail.
"Internet" means the electronic network that connects the computer hosts together.
"Internet service provider" means an entity that provides access services to the internet.
"Law enforcement officer" means police officers, prosecutors, government criminal investigators, and judges.
"Personal information" means social security number, employer identification number, financial account numbers, date of birth, driver's license identification, or any other identification that is proprietary to an individual person.
"Terrorism" means to threaten by word or conduct, to cause bodily injury to another person or serious damage to property of another or to commit a felony with the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or with intent to cause, or in reckless disregard of the risk of causing, evacuation of a building, place of assembly, or facility of public transportation."
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§708- Cyber-terrorism. (1) A person commits the offense of cyber-terrorism when, without the consent of another, a person assumes the personal information of another and uses the personal information of another on the internet and e-mail with the intent to threaten, harass, annoy, or alarm another, or any other person.
(2) An internet service provider, with its identified domain name, commits the offense of cyber-terrorism if the internet service provider:
(a) Assists, establishes in the construction, or maintains a website that allows the personal information of a law enforcement officer to be viewed on the internet; and
(b) After three written warnings to the internet service provider, the internet service provider refuses to remove the personal information of another and continues to recklessly allow personal information of another to be accessible from their site.
(2) Cyber-terrorism is a class C felony.
§708- Cyber-terrorism of a law enforcement officer. (1) A person commits the offense of cyber-terrorism of a law enforcement officer if:
(a) Without the consent of the law enforcement officer, and with the intent to threaten, harass, annoy, or alarm a law enforcement officer, or in reckless disregard of the risk thereof, that person constructs, establishes or maintains a website on the internet, or transmits e-mail, with the personal information of the law enforcement officer; or, without the consent of a law enforcement officer a person possesses personal information of law enforcement officers from the internet; or
(b) Without the consent of the law enforcement officer, a person assumes the law enforcement officer's personal information with the intent to threaten, harass, annoy, or alarm a law enforcement officer, or any other person.
(2) An internet service provider, with its identified domain name, commits the offense of cyber-terrorism of a law enforcement officer if the internet service provider:
(a) Assists, establishes in the construction, or maintains a website that allows the personal information of a law enforcement officer to be viewed on the internet; and
(b) After three written warnings to the internet service provider, the internet service provider refuses to remove the personal information of a law enforcement officer and continues to recklessly allow personal information of a law enforcement officer to be accessible from their site.
(3) Cyber-terrorism of a law enforcement officer is a class B felony."
SECTION 3. Section 708-891, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of computer fraud if:
(a) The person accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent of devising or executing any scheme or artifice to defraud; or
(b) The person accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent of obtaining money, property, or services by means of embezzlement or false or fraudulent representations; or
(c) The person, without authorization, accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent of obtaining credit information on another person; or
(d) The person accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent of introducing or causing to be introduced false information to damage or enhance the credit rating of any person[.] or
(e) The person accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent of interrupting a system in which the selection, or winning of a:
(i) Contest;
(ii) Registration; or
(iii) Any other program designed by the government to determine selection of a candidate for government services; based upon the first selected person, or group of persons, to access the system."
SECTION 4. Section 708-893, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) The court may dismiss a prosecution if, having regard to the nature of the conduct alleged and nature of the attendant circumstances, it finds that the defendant's conduct did not actually cause harm or damage to any computer, computer system, computer network, or any of its data or software. Damage or harm shall have occurred if:
(a) The defendant acted knowingly, and this act caused the owner, or person in authority of the computer, over four continuous hours to re-establish the exact programs and data in the computer system, or caused the owner, or person in authority of the computer, payment of over $300 to re-establish the exact programs and data to the computer; or
(b) The defendant acted knowingly and caused the disruption of a business or government entity's computer system and the disruption to the computer system affected the operation of the business or government entity for a period of over one hour."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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