Georgia
Computer Systems Protection Act
H.
B. No. 822 (AS PASSED HOUSE AND SENATE)
By: Representatives Walker of the 115th, Coleman of the 118th, Murphy of the
18th and Buck of the 95th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 16 of the Official
Code of Georgia Annotated, relating to crimes involving forgery and fraudulent
practices, so as to repeal the existing Georgia Computer Systems
Protection Act and enact a new Georgia Computer Systems Protection
Act; to provide for legislative intent; to provide for definitions; to
provide for criminal liability and penalties for the crimes of computer theft,
computer trespass, computer invasion of privacy, computer forgery, and computer
password disclosure; to provide for civil remedies and damages; to provide for
venue; to provide for other related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Chapter 9 of Title 16 of the Official Code of Georgia Annotated,
relating to crimes involving forgery and fraudulent practices, is amended by
repealing in its entirety Article 6, the Georgia Computer Systems
Protection Act, and inserting in its place a new Article 6 to read as
follows:
"ARTICLE 6
This article may be cited as the Georgia Computer Systems
Protection Act.
Georgia
Computer Systems Protection Act
H. B. No. 822 (AS PASSED HOUSE AND SENATE)
By: Representatives Walker of the 115th, Coleman of the 118th, Murphy of the
18th and Buck of the 95th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 16 of the Official
Code of Georgia Annotated, relating to crimes involving forgery and fraudulent
practices, so as to repeal the existing Georgia Computer Systems
Protection Act and enact a new Georgia Computer Systems Protection
Act; to provide for legislative intent; to provide for definitions; to
provide for criminal liability and penalties for the crimes of computer theft,
computer trespass, computer invasion of privacy, computer forgery, and computer
password disclosure; to provide for civil remedies and damages; to provide for
venue; to provide for other related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Chapter 9 of Title 16 of the
Official Code of Georgia Annotated, relating to crimes involving forgery and
fraudulent practices, is amended by repealing in its entirety Article 6, the Georgia
Computer Systems Protection Act, and inserting in its place a new
Article 6 to read as follows:
"ARTICLE 6
This article may be cited as the Georgia
Computer Systems Protection Act.
The General Assembly finds that:
(1) Computer related crime is a growing problem in
the government and in the private sector;
(2) Such crime occurs at great cost to the public,
since losses for each incident of computer crime tend to be far greater than
the losses associated with each incident of other white collar crime;
(3) The opportunities for computer related crimes
in state programs, and in other entities which operate within the state,
through the introduction of fraudulent records into a computer system,
unauthorized use of computer facilities, alteration or destruction of computerized
information files, and stealing of financial instruments, data, or other assets
are great;
(4) Computer related crime operations have a
direct effect on state commerce;
(5) Liability for computer crimes should be
imposed on all persons, as that term is defined in this title; and
(6) The prosecution of persons engaged in computer
related crime is difficult under previously existing Georgia criminal statutes.
As used in this article, the term:
(1) Computer means an electronic, magnetic,
optical, electrochemical, or other high-speed data processing device or system
performing computer operations with or on data and includes any data storage
facility or communications facility directly related to or operating in
conjunction with such device; but such term does not include an automated
typewriter or typesetter, portable hand-held calculator, household appliance,
or other similar device that is not used to communicate with or to manipulate
any other computer.
(2) Computer network means a set of
related, remotely connected computers and any communications facilities with
the function and purpose of transmitting data among them through the
communications facilities.
(3) Computer operation means computing,
classifying, transmitting, receiving, retrieving, originating, switching,
storing, displaying, manifesting, measuring, detecting, recording, reproducing,
handling, or utilizing any form of data for business, scientific, control, or
other purposes.
(4) Computer program means one or more
statements or instructions composed and structured in a form acceptable to a
computer that, when executed by a computer in actual or modified form, cause
the computer to perform one or more computer operations. The term 'computer
program' shall include all associated procedures and documentation, whether or
not such procedures and documentation are in human readable form.
(5) Data includes any representation of
information, intelligence, or data in any fixed medium, including
documentation, computer printouts, magnetic storage media, punched cards,
storage in a computer, or transmission by a computer network.
(6) Financial instruments includes any
check, draft, money order, note, certificate of deposit, letter of credit, bill
of exchange, credit or debit card, transaction-authorizing mechanism, or
marketable security, or any computer representation thereof.
(7) Property includes computers, computer
networks, computer programs, data, financial instruments, and services.
(8) Services includes computer time or services
or data processing services.
(9) Use includes causing or attempting to
cause:
(A) A
computer or computer network to perform or to stop performing computer
operations;
(B) The
obstruction, interruption, malfunction, or denial of the use of a computer,
computer network, computer program, or data; or
(C) A
person to put false information into a computer.
(10) Victim expenditure means any
expenditure reasonably and necessarily incurred by the owner to verify that a
computer, computer network, computer program, or data was or was not altered,
deleted, damaged, or destroyed by unauthorized use.
(11) Without authority includes the use
of a computer or computer network in a manner that exceeds any right or
permission granted by the owner of the computer or computer network.
Any person who uses a computer or
computer network with knowledge that such use is without authority and with the
intention of:
(1) Taking or appropriating any property of
another, whether or not with the intention of depriving the owner of
possession;
(2) Obtaining property by any deceitful means or
artful practice; or
(3) Converting property to such person's use in
violation of an agreement or other known legal obligation to make a specified
application or disposition of such property
shall be guilty of the crime of computer theft.
Any person who uses a computer or
computer network with knowledge that such use is without authority and with the
intention of:
(1) Deleting or in any way removing, either
temporarily or permanently, any computer program or data from a computer or
computer network;
(2) Obstructing, interrupting, or in any way
interfering with the use of a computer program or data; or
(3) Altering, damaging, or in any way causing the
malfunction of a computer, computer network, or computer program, regardless of
how long the alteration, damage, or malfunction persists
shall be guilty of the crime of computer trespass.
Any person who uses a computer or
computer network with the intention of examining any employment, medical,
salary, credit, or any other financial or personal data relating to any other
person with knowledge that such examination is without authority shall be guilty
of the crime of computer invasion of privacy.
Any person who creates, alters, or
deletes any data contained in any computer or computer network, who, if such
person had created, altered, or deleted a tangible document or instrument would
have committed forgery under Article 1 of this chapter, shall be guilty of the
crime of computer forgery. The absence of a tangible writing directly created
or altered by the offender shall not be a defense to the crime of computer
forgery if a creation, alteration, or deletion of data was involved in lieu of
a tangible document or instrument.
Any person who discloses a number,
code, password, or other means of access to a computer or computer network
knowing that such disclosure is without authority and which results in damages
(including the fair market value of any services used and victim expenditure)
to the owner of the computer or computer network in excess of $500.00 shall be
guilty of the crime of computer password disclosure.
The provisions of this article
shall not be construed to preclude the applicability of any other law which
presently applies or may in the future apply to any transaction or course of
conduct which violates this article.
(1) Any person whose property or
person is injured by reason of a violation of any provision of this article may
sue therefor and recover for any damages sustained and the costs of suit.
Without limiting the generality of the term, 'damages' shall include loss of
profits and victim expenditure.
(2) At the request of any party to an action
brought pursuant to this Code section, the court shall by reasonable means
conduct all legal proceedings in such a way as to protect the secrecy and
security of any computer, computer network, data, or computer program involved
in order to prevent possible recurrence of the same or a similar act by another
person and to protect any trade secrets of any party.
(3) The provisions of this article shall not be
construed to limit any person's right to pursue any additional civil remedy
otherwise allowed by law.
(4) A civil action under this Code section must be
brought within four years after the violation is discovered or by exercise of reasonable
diligence should have been discovered. For purposes of this article, a
continuing violation of any one subsection of this Code section by any person
constitutes a single violation by such person.
(1) Any person convicted of the
crime of computer theft, computer trespass, computer invasion of privacy, or
computer forgery shall be fined not more than $50,000.00 or imprisoned not more
than 15 years, or both.
(2) Any person convicted of computer password
disclosure shall be fined not more than $5,000.00 or incarcerated for a period
not to exceed one year, or both.
For the purpose of venue under
this article, any violation of this article shall be considered to have been
committed:
(1) In the county of the principal place of
business in this state of the owner of a computer, computer network, or any
part thereof; and,
(2) In any county in which any person alleged to
have violated any provision of this article had control or possession of any
proceeds of the violation or of any books, records, documents, or property
which were used in furtherance of the violation; and,
(3) In any county in which any act was performed
in furtherance of any transaction which violated this article; and,
(4) In any county from which, to which, or through
which any use of a computer or computer network was made, whether by wires,
electro-magnetic waves, microwaves, or any other means of communication."
This Act shall become effective on
July 1, 1991.
All laws and parts of laws in conflict with this Act are repealed.