BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 22|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 22
Author: Torres (D)
Amended: 6/16/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/9/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 75-0, 4/20/09 (Consent) - See last page
for vote
SUBJECT : Fines for unauthorized use and damage of
computers and
data
SOURCE : Author
DIGEST : This bill raises the maximum fine that can be
imposed on a defendant convicted of felony crimes involving
unauthorized use of computers, damage to computers or
computer data, and related offenses such as harmful
misappropriation of an Internet domain name, from $10,000
to $12,000.
ANALYSIS : Existing law provides that any person who
knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer,
computer system, or computer network in order to devise or
execute any scheme or artifice to defraud, deceive, or
CONTINUED
AB 22
Page
2
extort, or wrongfully control or obtain money, property or
data is punishable by a fine not exceeding $10,000 or by
imprisonment in the state prison 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. (Section 502(d)(1)(A) of the Penal Code)
Existing law states that any person who knowingly accesses
and without permission takes, copies or makes use of any
data from a computer, computer system, or computer network,
or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer,
computer system, or computer network is punishable by a
fine not exceeding $10,000 or by imprisonment in the state
prison 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. (Section
502(d)(1)(A) of the Penal Code)
Existing law makes knowingly accessing and without
permission adding, altering, damaging, deleting, or
destroying any data, computer software, or computer
programs which reside or exist internal or external to a
computer, computer system, or computer network punishable
by a fine not exceeding $10,000 or by imprisonment in the
state prison for 16 months, 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. (Section
502(d)(1)(A) of the Penal Code)
Existing law provides that knowingly and without permission
disrupting or causing the disruption of computer services
or denies or causes the denial of computer services or
denies or causes the denial of computer services to an
authorized user of a computer, computer system, or computer
network is punishable by a fine not exceeding $10,000, or
by imprisonment in the state prison 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. (Section 502(d)(1)(A) of the Penal Code)
AB 22
Page
3
Existing law states that any person who knowingly and
without permission provides or assists in providing a means
of accessing a computer, computer system, or computer
network that results in a victim expenditure in an amount
greater than $5,000, is punishable by a fine not exceeding
$10,000, or by imprisonment in the state prison for 16
months, 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. (Section 502(d)(1)(A) of
the Penal Code)
Existing law makes any person who knowingly and without
permission accesses or causes to be accessed any computer,
computer system or computer network that results in a
victim expenditure in an amount greater than $5,000 is
punishable by a fine not exceeding $10,000, or by
imprisonment in the state prison for 16 months, 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. (Section 502(d)(3)(C) of the Penal Code)
Existing law provides that any person who knowingly
introduces any computer contaminant into any computer, or
computer system, or computer network that results in
injury, or for a second or subsequent violation, by a fine
not exceeding $10,000, or by imprisonment in a county jail
not exceeding one year, or in the state prison, or by both
that fine and imprisonment. (Section 502(d)(4)(B) of the
Penal Code)
Existing law states that any person who knowingly and
without permission uses the Internet domain name of another
individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and
thereby damages or causes damage to a computer, computer
system, or computer network that results in injury, 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. (Section
502(d)(5)(B) of the Penal Code)
AB 22
Page
4
Existing law creates an exemption to Section 502(c) of the
Penal Code violations for any person who accesses his/her
employer's computer system, network, program or data when
acting within the scope of lawful employment. (Section
502(h)(1) of the Penal Code)
Existing law allows an exemption for a person using
computer services without permission and outside his/her
employment if the acts do not cause an injury to any
computer system, or provided that the value of supplies
used does not exceed $100. (Section 502(h)(2) of the Penal
Code)
Existing law requires the forfeiture of computer equipment
where the defendant knowingly and without permission:
1. Accesses and alters, damages, deletes, destroys, or
otherwise uses any data, computer, computer system, or
computer network in order to either (a) devise or
execute any scheme or artifice to defraud, deceive, or
extort, or (b) wrongfully control or obtain money,
property, or data.
2. Accesses, takes, copies, or makes use of any data from a
computer, computer system, or computer network, or takes
or copies any supporting documentation, whether existing
or residing internal or external to a computer, computer
system, or computer network.
3. Uses or causes to be used computer services.
4. Adds, alters, damages, deletes, or destroys any data,
computer software, or computer programs which reside or
exist internal or external to a computer, computer
system, or computer network.
5. Disrupts or causes the disruption of computer services
or denies or causes the denial of computer services to
an authorized user of a computer, computer system, or
computer network.
6. Provides or assists in providing a means of accessing a
computer, computer system, or computer network in
violation of this section.
AB 22
Page
5
7. Accesses, or causes to be accessed, any computer,
computer system, or computer network.
8. Introduces any computer contaminant into any computer,
computer system, or computer network.
9. Uses the Internet domain name of another individual,
corporation, or entity in connection with the sending of
one or more electronic mail messages, and thereby
damages or causes damage to a computer, computer system,
or computer network. (Section 502.01(c) of the Penal
Code)
This bill raises the maximum felony fine from $10,000 to
$12,000 for a person who knowingly accesses and without
permission alters, damages, deletes, destroys, or otherwise
uses any data, computer, computer system, or computer
network in order to devise or execute any scheme or
artifice to defraud, deceive, or extort, or wrongfully
control or obtain money, property, or data.
This bill raises the maximum felony fine from $10,000 to
$12,000 for a person who knowingly accesses and without
permission takes, copies or makes use of any data from a
computer, computer system, or computer network, or takes or
copies any supporting documentation, whether existing or
residing internal or external to a computer, computer
system, or computer network.
This bill raises the maximum felony fine from $10,000 to
$12,000 where a person knowingly accesses and without
permission adds, alters, damages, deletes, or destroys any
data, computer software, or computer programs which reside
or exist internal or external to a computer, computer
system, or computer network.
This bill raises the maximum felony fine from $10,000 to
$12,000 for a person who knowingly and without permission
disrupts or causes the disruption of computer services or
who denies or causes the denial of computer services or
denies or causes the denial of computer services to an
authorized user of a computer, computer system, or computer
network.
AB 22
Page
6
This bill raises the maximum felony fine from $10,000 to
$12,000 for a person who knowingly and without permission
provides or assists in providing a means of accessing a
computer, computer system, or computer network that results
in a victim expenditure in an amount greater than $5,000.
This bill raises the maximum felony fine from $10,000 to
$12,000 for a person who knowingly and without permission
accesses or causes to be accessed any computer, computer
system or computer network that results in a victim
expenditure in an amount greater than $5,000.
This bill raises the maximum misdemeanor or felony fine
from $10,000 to $12,000 for any person who knowingly
introduces any computer contaminant into any computer, or
computer system, or computer network that results in
injury, or for a second or subsequent violation.
This bill raises the maximum fine from $5,000 to $12,000
for any person who knowingly and without permission uses
the Internet domain name of another individual,
corporation, or entity in connection with the sending of
one or more electronic mail messages, and who thereby
causes injurious damage to a computer or computer system.
This crime is a misdemeanor.
This bill raises the maximum fine from $5,000 to $12,000
for any person who is convicted for a second or subsequent
time of knowingly and without permission using the Internet
domain name of another individual, corporation, or entity
in connection with the sending of one or more electronic
mail messages. This crime is a misdemeanor. The prior
conviction for using another's Internet domain name can be
an infraction.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/09)
Alameda County Sheriff
Amador County Sheriff
Butte County Sheriff
AB 22
Page
7
California Independent Bankers
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Contra Costa County Sheriff
Mariposa County Sheriff
Privacy Rights Clearinghouse
San Bernardino County Sheriff
Tuolumne County Undersheriff
Yolo County Sheriff
ARGUMENTS IN SUPPORT : According to the author:
"AB 22 increases the maximum fine for serious computer
hacking offenses, offenses which the law currently treats
as wobblers. ?
"I have myself been a victim of identity theft, as have
many of my constituents and perhaps - many of you. It is
a crime that violates the sense of personal security in a
particularly insidious and painful way. We need more
effective deterrents.
"Computer hacking and identity theft done through
computer misuse are crimes that often have a motive of
financial gain. By significantly increasing the maximum
fine that a judge may impose on a hacker, AB 22 is
intended to provide a more substantial deterrent to
commission of these types of offenses without imposing on
the state the increased costs associated with longer
terms of incarceration.
"The bill makes no change in the definition of computer
hacking crimes, and no change in the assessment of what
constitutes a more severe offense. It simply makes a
conviction potentially much more expensive for an
offender."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Brownley,
Caballero, Carter, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans,
AB 22
Page
8
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Blakeslee, Buchanan, Charles Calderon,
Chesbro, Hall
RJG:mw 6/16/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****