Bill Text: HI HB1788 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Computer Crime; Computer Fraud; Unauthorized Access

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2012-07-10 - (S) Act 293, 7/9/2012 (Gov. Msg. No. 1410). [HB1788 Detail]

Download: Hawaii-2012-HB1788-Amended.html

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STAND. COM. REP. NO. 3230

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1788

       H.D. 1

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1788, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COMPUTER CRIME,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to update Hawaii's computer fraud statutes by adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime.  Specifically, this measure:

 

     (1)  Establishes a new offense of computer fraud in the third degree;

 

     (2)  Adds new definitions related to computer crime to incorporate the element of phishing and spyware into all computer fraud offenses and unauthorized computer access offenses;

 

     (3)  Changes the offenses of computer crime in the first degree and unauthorized computer access in the first degree from class B to class A felonies;

 

     (4)  Changes the offenses of computer crime in the second degree and unauthorized computer access in the second degree from class C to class B felonies;

 

     (5)  Changes the offense of unauthorized computer access in the third degree from a misdemeanor to a class C felony; and

 

     (6)  Increases the minimum value of identifying information obtained that constitutes unauthorized computer access in the first degree from $5,000 to $20,000.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Hawaiian Electric Company, Maui Electric Company, Hawaii Electric Light Company, and one private individual.  The Department of the Attorney General and the State Privacy and Security Coalition submitted comments.

 

     Your Committee finds that existing computer fraud statutes are too narrow to address most activities that are typically thought of as "computer fraud".  For example, first-degree computer fraud requires proof that an offender accessed a computer without authorization to obtain or exert control over the property of another.  However, most potential computer fraud offenders use their own computer, which they presumably are authorized to use to carry out offenses such as online auction fraud, advance fee scams, counterfeit check scams, phishing, and e-mail scams.  This measure is intended to streamline and update computer crime statutes to better address and combat cybercrime.

 

     Your Committee recognizes the concerns raised by the State Privacy and Security Coalition that defining spyware to include computer programs designed to gather information about an authorized user without authorization may result in unintended consequences.  There are a large range of beneficial software programs that collect information about an authorized user without the user's express authorization, such as parental control software programs that protect children from objectionable or harmful content; programs that secure end user computers and networks from spyware, malware, and botnet attacks; programs that authenticate authorized users and detect intruders; and spell and grammar check programs that detect and fix typing errors.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Adopting the suggested amendment from the State Privacy and Security Coalition to clarify that spyware only means any computer program or software designed to disrupt or modify an authorized user's access or use of the Internet by deceptive means; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1788, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1788, H.D. 1, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

		____________________________ CLAYTON HEE, Chair