BILL ANALYSIS Ó
AB 195
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
195 (Chau)
As Amended June 23, 2015
Majority vote
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|ASSEMBLY: | 75-0 | (April 23, |SENATE: |39-0 | (September 4, |
| | |2015) | | |2015) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments specify that nothing in this section
precludes prosecution under any other law that provides greater
punishment.
EXISTING LAW:
1)Punishes any person who knowingly and without permission
accesses or causes to be accessed any computer, computer
system, or computer network as follows:
a) For a first violation that does not result in injury, an
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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 (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.
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 (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
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more computer systems and input/output devices including, but
not limited to, display terminals, remote systems, mobile
devices, and printers connected by telecommunication
facilities.
AS PASSED BY THE ASSEMBLY, this bill:
1)Provided 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)Provided 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) Specified that this includes persons operating Web sites
that offer to assist others in locating hacking services;
b) Defined "hacking services" as assistance in the
unauthorized access to computers, computer systems, or
computer data in violation of specified computer crimes;
and
c) Specified that this offense shall be proven by the
testimony of one witness and corroborating circumstances.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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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.
"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
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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 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:
0001211