PRINTER'S NO. 3132
No. 2341 Session of 2000
INTRODUCED BY GANNON, BATTISTO, BELFANTI, CIVERA, CLARK, CLYMER, M. COHEN, DALEY, FARGO, FRANKEL, GEIST, HALUSKA, HENNESSEY, HERMAN, HORSEY, LEDERER, McCALL, MELIO, MICOZZIE, ORIE, RAYMOND, SATHER, SAYLOR, SEYFERT, SHANER, B. SMITH, TRELLO, TULLI AND WOGAN, MARCH 15, 2000
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2000
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for unlawful use of 3 a computer. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 3933 of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 3933. Unlawful use of computer. 9 (a) Offense defined.--A person commits [an] the offense [if 10 he] of unlawful use of a computer if he, whether in person, 11 electronically or through the intentional distribution of a 12 computer virus: 13 (1) accesses, exceeds authorization to access, alters, 14 damages or destroys any computer, computer system, computer 15 network, computer software, computer program or data base or 16 any part thereof, with the intent: 17 (i) to interrupt the normal functioning of an
1 organization [or]; or 2 (ii) to devise or execute any scheme or artifice to 3 defraud [or], deceive or control property or services by 4 means of false or fraudulent pretenses, representations 5 or promises; 6 (2) intentionally and without authorization accesses, 7 alters, interferes with the operation of, damages or destroys 8 any computer, computer system, computer network, computer 9 software, computer program or computer data base or any part 10 thereof; [or] 11 (3) intentionally or knowingly and without authorization 12 gives or publishes a password, identifying code, personal 13 identification number or other confidential information about 14 a computer, computer system, computer network or data 15 base[.]; or 16 (4) intentionally or knowingly engages in a scheme or 17 artifice, including, but not limited to, a denial of service 18 attack, upon any computer, computer system, computer network, 19 computer software, computer program, computer server or data 20 base or any part thereof designed to block, impede or deny 21 the access of information or completion of any sale or 22 transaction by users of that computer, computer system, 23 computer network, computer software, computer program, 24 computer server or data base or any part thereof. 25 (b) Grading.--An offense under subsection (a)(1) is a felony 26 of the third degree. An offense under subsection (a)(2) or (3) 27 is a misdemeanor of the first degree. 28 (c) Definitions.--As used in this section the following 29 words and phrases shall have the meanings given to them in this 30 subsection: 20000H2341B3132 - 2 -
1 "Access." To intercept, instruct, communicate with, store 2 data in, retrieve data from or otherwise make use of any 3 resources of a computer, computer system, computer network or 4 data base. 5 "Computer." An electronic, magnetic, optical, hydraulic, 6 organic or other high speed data processing device or system 7 which performs logic, arithmetic or memory functions and 8 includes all input, output, processing, storage, software or 9 communication facilities which are connected or related to the 10 device in a system or network. 11 "Computer network." The interconnection of two or more 12 computers through the usage of satellite, microwave, line or 13 other communication medium. 14 "Computer program." An ordered set of instructions or 15 statements and related data that, when automatically executed in 16 actual or modified form in a computer system, causes it to 17 perform specified functions. 18 "Computer software." A set of computer programs, procedures 19 and associated documentation concerned with the operation of a 20 computer system. 21 "Computer system." A set of related, connected or 22 unconnected computer equipment, devices and software. 23 "Computer virus." A computer program copied to or installed 24 on a computer, computer network, computer program, computer 25 software or computer system without the informed consent of the 26 owner of the computer, computer network, computer program, 27 computer software or computer system that may replicate itself 28 and that causes unauthorized activities within or by the 29 computer, computer network, computer program, computer software 30 or computer system. 20000H2341B3132 - 3 -
1 "Data base." A representation of information, knowledge, 2 facts, concepts or instructions which are being prepared or 3 processed or have been prepared or processed in a formalized 4 manner and are intended for use in a computer, computer system 5 or computer network, including, but not limited to, computer 6 printouts, magnetic storage media, punched cards or data stored 7 internally in the memory of the computer. 8 "Financial instrument." Includes, but is not limited to, any 9 check, draft, warrant, money order, note, certificate of 10 deposit, letter of credit, bill of exchange, credit or debit 11 card, transaction authorization mechanism, marketable security 12 or any computer system representation thereof. 13 "Property." Includes, but is not limited to, financial 14 instruments, computer software and programs in either machine or 15 human readable form, and anything of value, tangible or 16 intangible. 17 "Services." Includes, but is not limited to, computer time, 18 data processing and storage functions. 19 (d) Restitution.--Upon conviction under this section for the 20 intentional distribution of a computer virus, the sentence shall 21 include an order for the defendant to reimburse the victim for: 22 (1) the cost of repairing or, if necessary, replacing 23 the affected computer, computer system, computer network, 24 computer software, computer program or data base; 25 (2) lost profit for the period that the computer, 26 computer system, computer network, computer software, 27 computer program or data base is not usable; or 28 (3) the cost of replacing or restoring the data lost or 29 damaged as a result of a violation of this section. 30 Section 2. This act shall take effect in 60 days. B17L18DMS/20000H2341B3132 - 4 -