PRINTER'S NO. 1002
No. 889 Session of 1999
INTRODUCED BY SALVATORE, KASUNIC, BELL AND MOWERY, MAY 3, 1999
REFERRED TO COMMUNICATIONS AND HIGH TECHNOLOGY, MAY 3, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for computer trespass.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 18 of the Pennsylvania Consolidated
6 Statutes is amended by adding a section to read:
7 § 3504. Computer trespass.
8 (a) Offense defined.--A person commits the offense of
9 computer trespass if he:
10 (1) Uses a computer or computer network without
11 authority and with the intent to falsify or forge electronic
12 mail transmission information or other routine information in
13 any manner in connection with the transmission of unsolicited
14 bulk electronic mail through or into the computer network of
15 an electronic mail service provider or its subscribers.
16 (2) Sells, gives or otherwise distributes or possesses
17 with the intent to sell, give or distribute computer software
18 which:
1 (i) is primarily designed or produced for the
2 purpose of facilitating or enabling the falsification of
3 electronic mail transmission information or other routing
4 information;
5 (ii) has only limited commercially significant
6 purpose or use other than to facilitate or to enable the
7 falsification of electronic mail transmission information
8 or other routing information; or
9 (iii) is marketed by that person or another person
10 acting in concert with that person with that person's
11 knowledge for the use in facilitating or enabling the
12 falsification of electronic mail transmission information
13 or other routing information.
14 (b) Grading.--
15 (1) Except as provided in paragraphs (2) and (3),
16 computer trespass is a misdemeanor of the third degree.
17 (2) If there is damage to the property of another valued
18 at $2,500 or more caused by that person's reckless disregard
19 for the consequences of his act in violation of this section,
20 computer trespass is a misdemeanor of the first degree.
21 (3) If there is damage to the property of another valued
22 at $2,500 or more caused by that person's malicious act in
23 violation of this section, computer trespass is a felony of
24 the third degree.
25 (c) Rights preserved.--Nothing in this section shall be
26 construed to establish any liability by reason of terms or
27 conditions adopted by, or technical measures implemented by, an
28 electronic mail service provider based in this Commonwealth to
29 prevent the transmission of unsolicited electronic mail in
30 violation of this section.
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1 (d) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Compute." An electronic, magnetic, optical, hydraulic or
5 organic device or group of devices which, pursuant to a computer
6 program, to human instruction or to permanent instructions
7 contained in the device or group of devices, can automatically
8 perform computer operations with or on computer data and can
9 communicate the results to another computer or to a person. The
10 term includes any connected or directly related device,
11 equipment or facility which enables a computer to store,
12 retrieve or communicate computer programs, computer data or the
13 results of computer operations to or from a person, another
14 computer or another device.
15 "Computer data." A representation of information, knowledge,
16 facts, concepts or instructions which is being prepared or has
17 been prepared and is intended to be processed, is being
18 processed or has been processed in a computer or computer
19 network, and may be in any form, whether readable only by a
20 computer or only by a human or by either, including, but not
21 limited to, computer printouts, magnetic storage media, punched
22 card or stored internally in the memory of the computer.
23 "Computer network." A set of related, remotely connected
24 devices and any communications facilities including more than
25 one computer with the capability to transmit data among them
26 thorough the communications facilities.
27 "Computer operation." Arithmetic, logical, monitoring,
28 storage or retrieval functions and any combination thereof, and
29 includes, but is not limited to, communication with, storage of
30 data to, or retrieval of data from any device or human hand
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1 manipulation of electronic or magnetic impulses. In reference to
2 a particular computer the term also includes any function for
3 which that computer was generally designed.
4 "Computer program." An ordered set of data representing
5 coded instructions or statements that, when executed by a
6 computer, causes the computer to perform one or more computer
7 operations, Internet services, electronic mail services,
8 electronic message services, or information or data stored in
9 connection therewith.
10 "Computer software." A set of computer programs, procedures
11 and associated documentation concerned with computer data or
12 with the operation of a computer, computer program or computer
13 network.
14 "Electronic mail service provider." A person who is an
15 intermediary in sending or receiving electronic mail and who
16 provides to end-users of electronic mail services the ability to
17 send or receive electronic mail.
18 Section 2. This act shall take effect in 60 days.
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