HOUSE OF REPRESENTATIVES

H.B. NO.

1788

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMPUTER CRIME.

 

 

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

 


SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

"708-   Computer fraud in the third degree. (1) A person commits the offense of computer fraud in the third degree if the person knowingly accesses a computer, computer system, or computer network, including by phishing or the use of spyware, to obtain identifying information, with the intent to commit the offense of theft in the third or fourth degree.

(2) Computer fraud in the third degree is a class C felony."

SECTION 2. Section 708-890, Hawaii Revised Statutes, is amended by adding six new definitions to be appropriately inserted and to read as follows:

""Authorized user" means, with regards to a computer, the owner or lessee of a computer or a person authorized by the owner or lessee to use the computer.

"Electronic mail" or "e-mail" means a message sent, posted, or transmitted to a unique destination that is commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an internet domain, whether or not displayed, to which electronic mail can be sent, delivered, or posted.

"Identifying information" means a person's:

(1) Social security number;

(2) Driver's license number;

(3) Bank account number;

(4) Credit or debit card number;

(5) Personal identification number;

(6) Automated or electronic signature;

(7) Unique biometric data;

(8) Account password, including any electronic mail or social media account password; or

(9) Any other piece of information that can be used to access a person's financial accounts or to obtain goods or services.

"Phishing" means to solicit, request, or take any action to induce a person to provide identifying information by the fraudulent use of a website, electronic mail, or otherwise through the Internet.

"Spyware" means any computer program or software designed to disrupt or modify an authorized user's access or use of the Internet by deceptive means.

"Webpage" or "website" means a location that has a single uniform resource locator with respect to the world wide web or a single location with respect to the Internet."

SECTION 3. Section 708-891, Hawaii Revised Statutes, is amended to read as follows:

"[[]708-891[]] Computer fraud in the first degree. (1) A person commits the offense of computer fraud in the first degree if the person knowingly[, and with intent to defraud, accesses a computer without authorization and, by means of such conduct, obtains or exerts control over the property of another.

(2) In a prosecution for computer fraud in the first degree, it is a defense that the object of the fraud and the property obtained consists only of the use of the computer and the value of such use is not more than $300 in any one-year period.] accesses a computer, computer system, or computer network, including by phishing or the use of spyware, to obtain identifying information, with the intent to:

(a) Facilitate the commission of a murder in any degree, any class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or

(b) Commit the offense of theft in the first degree.

[(3)] (2) Computer fraud in the first degree is a class [B] A felony."

SECTION 4. Section 708-891.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]708-891.5[]] Computer fraud in the second degree. (1) A person commits the offense of computer fraud in the second degree if the person knowingly[, and with the intent to defraud, transfers, or otherwise disposes of, to another, or obtains control of, with the intent to transfer or dispose of, any password or similar information through which a computer, computer system, or computer network may accessed.] accesses a computer, computer system, or computer network, including by phishing or the use of spyware, to obtain identifying information, with the intent to commit the offense of theft in the second degree.

(2) Computer fraud in the second degree is a class [C] B felony."

SECTION 5. Section 708-895.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]708-895.5[]] Unauthorized computer access in the first degree. (1) A person commits the offense of unauthorized computer access in the first degree if the person knowingly accesses a computer, computer system, or computer network without authorization, including by phishing or the use of spyware, and thereby obtains identifying information, and:

(a) The offense was committed for the purpose of commercial or private financial gain;

(b) The offense was committed in furtherance of any other crime;

(c) The value of the identifying information obtained exceeds [$5,000;] $20,000; or

(d) The identifying information has been determined by statute or rule of court to require protection against unauthorized disclosure.

(2) Unauthorized computer access in the first degree is a class [B] A felony."

SECTION 6. Section 708-895.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]708-895.6[]] Unauthorized computer access in the second degree. (1) A person commits the offense of unauthorized computer access in the second degree if the person knowingly accesses a computer, computer system, or computer network without authorization, including by phishing or the use of spyware, and thereby obtains identifying information.

(2) Unauthorized computer access in the second degree is a class [C] B felony."

SECTION 7. Section 708-895.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]708-895.7[]] Unauthorized computer access in the third degree. (1) A person commits the offense of unauthorized computer access in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization[.], including by phishing or the use of spyware.

(2) Unauthorized computer access in the third degree is a [misdemeanor.] class C felony."

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on January 7, 2059.


 


 

Report Title:

Computer Crime; Phishing; Spyware

 

Description:

Adds new definitions to computer crime. Creates a third degree of computer fraud and incorporates the element of phishing and spyware into all computer fraud offenses and unauthorized computer access offenses. Increases the class penalty for each of those offenses. Effective 01/07/59. (SD1)

 

 

 

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