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SB 222 — Electronic Commerce

by Judiciary Committee; Communications, Energy, and Public Utilities Committee; Commerce and Tourism Committee; and Senator Hukill

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Commerce and Tourism Committee (CM)

The bill creates the “Computer Abuse and Data Recovery Act,” which provides a civil cause of action for those injured by an individual who knowingly and with intent to cause harm or loss:

  • Obtains information from a protected computer used in the operation of a business without authorization, and as a result, causes a harm or loss;
  • Causes transmission of a program, code, or command from a protected computer used in the operation of a business without authorization, and as a result, causes a harm or loss; or
  • Traffics in any technological access barrier (e.g., password) through which access to a protected computer used in the operation of a business may be obtained without authorization.

The bill allows an injured party to recover actual damages and the violator’s profits; obtain an injunction or other equitable relief to prevent a future violation; recover all copies of the misappropriated information, program, or code; and be awarded attorney’s fees. A victim must commence an action under this section within 3 years after the violation or 3 years after the violation was discovered, or should have been discovered with due diligence.

If approved by the Governor, these provisions take effect October 1, 2015.

Vote: Senate 38-0; House 117-0