SB356 Summary: Alabama Digital Crime Act

• Repeals existing computer crime statutes and establishes the Alabama Digital Crime Act, creating five new crimes: computer tampering, encoded data fraud, phishing, electronic harassment, and cyberstalking.

• Computer tampering (Class A misdemeanor to Class A felony depending on intent and damage) covers unauthorized access, alteration, destruction of computers/data/programs, introducing viruses, disrupting services, and preventing users from exiting sites.

• Encoded data fraud (Class C felony) criminalizes knowingly possessing or using scanning devices or reencoders to read, access, or place encoded information on identification documents without permission.

• Phishing (Class C felony) makes it illegal to solicit identifying information via internet, email, or web pages by falsely representing oneself as a business; allows civil actions with damages of $25,000 minimum per violation, treble damages for pattern violations.

• Establishes jurisdiction allowing prosecution in multiple counties, permits seizure and forfeiture of computers and equipment used in crimes, and authorizes law enforcement to obtain electronic communications records under federal law standards; becomes effective three months after passage.