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NY A11681

Bill

Status

Introduced

8/4/2010

Primary Sponsor

Brian Kavanagh

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Establishes the Computer Security Act to regulate malicious software installation and use on computers in New York State, making it illegal for unauthorized persons to deceptively install software that modifies browser settings, collects personally identifiable information, or disables security software.

  • Creates criminal penalties of imprisonment for 1-10 years or fines up to $3 million for violations involving keystroke logging, computer viruses, denial of service attacks, or modem hijacking.

  • Authorizes civil actions by the Attorney General for up to $100,000 per pattern or practice violation, allows telecommunications carriers to recover costs from violators who misuse modems, and permits internet service providers and software companies to recover up to $1 million for pattern violations.

  • Provides immunity from liability for employers regarding employee computers and for persons whose computers are used by unauthorized third parties without knowledge or consent.

  • Preempts all local laws, regulations, and ordinances regarding spyware and computer software information collection practices, establishing this as a statewide concern with an effective date of November 1st following enactment.

Legislative Description

Establishes the computer security act, addressing the widespread problem of spyware; makes it illegal for third parties to knowingly and deceptively cause computer software to be copied on to personal computers that changes the computer users settings without permission, prevents users from resetting computers to the original preferences or removing third party software, secretly collects information about internet searches, disables the computer's security software or causes related disruptive activities.

Last Action

referred to economic development

8/4/2010

Committee Referrals

Economic Development, Job Creation, Commerce and Industry8/4/2010

Full Bill Text

No bill text available