BILL ANALYSIS Ó
AB 195
Page 1
ASSEMBLY THIRD READING
AB
195 (Chau)
As Amended April 6, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | |Gonzalez, Lackey, Low, | |
| | |Santiago | |
|----------------+------+-----------------------+--------------------|
|Privacy |10-0 |Gatto, Wilk, Baker, | |
| | |Calderon, Chau, | |
| | |Cooper, Dababneh, | |
| | |Dahle, Gordon, Low | |
|----------------+------+-----------------------+--------------------|
|Appropriations |16-0 |Gomez, Bigelow, Bonta, | |
| | |Calderon, Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Holden, Jones, Quirk, | |
| | |Rendon, Wagner, Weber, | |
| | |Wood | |
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SUMMARY: Makes it a misdemeanor, punishable by up to six months,
for any person to solicit another to join in the commission of
specified crimes relating to unauthorized access of computer
systems. Specifically, this bill:
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1)Provides that every person who, with the intent that the crime
be committed, solicits another to commit one of a number of
specified computer crimes shall be punished by imprisonment in a
county jail for a period not to exceed six months. Every
subsequent violation of this subdivision by that same person
shall be punished by imprisonment in a county jail not exceeding
one year.
2)Provides that every person who, with the intent that the crime
be committed, offers to solicit assistance for another to
conduct activities in violation of a number of specified
computer crimes shall be punished by imprisonment in a county
jail for a period not to exceed six months. Every subsequent
violation of this subdivision by that same person shall be
punished by imprisonment in a county jail not exceeding one
year:
a) Specifies that this includes persons operating websites
that offer to assist others in locating hacking services;
b) Defines "hacking services" as assistance in the
unauthorized access to computers, computer systems, or
computer data in violation of specified computer crimes; and
c) Specifies that this offense shall be proven by the
testimony of one witness and corroborating circumstances.
EXISTING LAW:
1)Punishes any person who knowingly and without permission
accesses or causes to be accessed any computer, computer system,
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or computer network as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure in
an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure in
an amount greater than $5,000), by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
2)Punishes any person who knowingly and without permission
provides or assists in providing a means of accessing a
computer, computer system, or public safety infrastructure
computer system computer, computer system, or computer network
as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure in
an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
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c) For any violation that results in a victim expenditure in
an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
3)Defines the following terms as follows: "Computer network"
means any system that provides communications between one or
more computer systems and input/output devices including, but
not limited to, display terminals, remote systems, mobile
devices, and printers connected by telecommunication facilities.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, moderate nonreimbursable local costs for incarceration,
offset to a degree by fee revenue as this type of crimes will
probably be added to another computer crime charge.
COMMENTS: According to the author, "Today, we live in a digitally
connected world where more of our devices are equipped with
sensors and connected to the internet. This includes our phones,
cars and household appliances; all of which perform functions that
where once exclusive to our computers.
"This new form of digital access has also spawned a new type of
criminal, one who can invade our homes and offices not by breaking
down doors and windows, but by breaking into our computer networks
from the convenience and safety of their own homes. These
cybercrimes range from breaking into someone's computer network to
steal financial information to other crimes such as corporate
espionage, fraud, and extortion.
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"Under current law, it is a crime to solicit another to commit
certain crimes, such as bribery, kidnapping, and robbery, among
others. In addition, it is a crime for someone to knowingly hack
into another's computer network without permission. However, it
is not a crime to solicit someone to knowingly and without
permission hack into a computer network or smartphone.
"Cybercrimes have greater and longer lasting effects on victims,
because the personal information stolen can result in identify
theft, fraud, and personal embarrassment, all of which could take
years to recover from, if ever. In fact, according to the FBI's
Internet Crime Complaint Center, in 2013, it received over 200,000
consumer complaints about online scams, which resulted in a loss
of over 781 million dollars; an almost 50% increase from the year
before.
"In recent years, we have seen the growth of so called
Hacker-for-Hire websites where individuals solicit hackers to
perform certain projects. These websites work in different ways.
Some work by requiring the person to submit a description of the
hacking job along with contact information. The website then sets
up a time to connect the person with a hacker over the phone or
video-conferencing to complete the process. Others websites work
by creating a platform that allows customers to register and post
projects on the website for different hackers to bid on. The
websites then holds the money in an escrow account until both
parties agree that the transaction has been completed. The
website then takes a commission from each transaction and releases
the money.
"Hacker-for-Hire projects range from recovering lost passwords to
tracking stolen devices. But some of these websites also provide
a platform for individuals seeking illegal hacking services from
less than ethical hackers, such as installing spyware on devices
and gaining access to the email and social media accounts of
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unsuspecting victims.
"AB 195 would make it a crime to solicit someone to knowingly and
without permission gain access to a computer network or
smartphone. This includes offering to obtain or assist in
locating hacking services. The bill would also clarify that a
computer network includes smartphones. This bill would make any
violation punishable by imprisonment not to exceed six months.
Any subsequent violation would be punishable by imprisonment not
to exceed one year."
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0000176