Florida Senate - 2015 SB 222 By Senator Hukill 8-00214A-15 2015222__ 1 A bill to be entitled 2 An act relating to electronic commerce; providing a 3 directive to the Division of Law Revision and 4 Information; creating the “Computer Abuse and Data 5 Recovery Act”; creating s. 668.801, F.S.; providing a 6 statement of purpose; creating s. 668.802, F.S.; 7 defining terms; creating s. 668.803, F.S.; prohibiting 8 a person from intentionally committing specified acts 9 without authorization with respect to a protected 10 computer; providing penalties for a violation; 11 creating s. 668.804, F.S.; specifying remedies for 12 civil actions brought by persons affected by a 13 violation; providing that specified criminal judgments 14 or decrees against a defendant act as estoppel as to 15 certain matters in specified civil actions; providing 16 that specified civil actions must be filed within 17 certain periods of time; creating s. 668.805, F.S.; 18 providing that the act does not prohibit specified 19 activity by certain state, federal, and foreign law 20 enforcement agencies, regulatory agencies, and 21 political subdivisions; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. The Division of Law Revision and Information is 26 directed to create part V of chapter 668, Florida Statutes, 27 consisting of ss. 668.801-668.805, Florida Statutes, to be 28 entitled the “Computer Abuse and Data Recovery Act.” 29 Section 2. Section 668.801, Florida Statutes, is created to 30 read: 31 668.801 Purpose.—This part shall be construed liberally to: 32 (1) Safeguard an owner, operator, or lessee of a protected 33 computer used in the operation of a business from harm or loss 34 caused by unauthorized access to such computer. 35 (2) Safeguard an owner of information stored in a 36 protected computer used in the operation of a business from harm 37 or loss caused by unauthorized access to such computer. 38 Section 3. Section 668.802, Florida Statutes, is created to 39 read: 40 668.802 Definitions.—As used in this part, the term: 41 (1) “Business” means any trade or business regardless of 42 its for-profit or not-for-profit status. 43 (2) “Computer” means an electronic, magnetic, optical, 44 electrochemical, or other high-speed data processing device that 45 performs logical, arithmetic, or storage functions and includes 46 any data storage facility, data storage device, or 47 communications facility directly related to or which operates in 48 conjunction with the device. 49 (3) “Harm” means any impairment to the integrity, access, 50 or availability of data, programs, systems, or information. 51 (4) “Loss” means any of the following: 52 (a) Any reasonable cost incurred by the owner, operator, or 53 lessee of a protected computer or the owner of stored 54 information, including the reasonable cost of conducting a 55 damage assessment for harm associated with the violation and the 56 reasonable cost for remediation efforts, such as restoring the 57 data, programs, systems, or information to the condition it was 58 in before the violation. 59 (b) Economic damages. 60 (c) Lost profits. 61 (d) Consequential damages including the interruption of 62 service. 63 (e) Profits earned by a violator as a result of the 64 violation. 65 (5) “Protected computer” means a computer that is used in 66 connection with the operation of a business and stores 67 information, programs, or code in connection with the operation 68 of the business in which the stored information, programs, or 69 code can only be accessed by employing a technological access 70 barrier. 71 (6) “Technological access barrier” means a password, 72 security code, token, key fob, access device, or similar 73 measure. 74 (7) “Traffic” means to sell, purchase, or deliver. 75 (8) “Without authorization” means circumvention of a 76 technological access barrier on a protected computer without the 77 express or implied permission of the owner, operator, or lessee 78 of the computer or the express or implied permission of the 79 owner of information stored in the protected computer, but the 80 term does not include circumventing a technological measure that 81 does not effectively control access to the protected computer or 82 the information stored in the protected computer. 83 Section 4. Section 668.803, Florida Statutes, is created to 84 read: 85 668.803 Prohibited acts.—A person who knowingly and with 86 intent to cause harm or loss: 87 (1) Obtains information from a protected computer without 88 authorization and, as a result, causes harm or loss; 89 (2) Causes the transmission of a program, code, or command 90 from a protected computer without authorization and, as a result 91 of the transmission, causes harm or loss; or 92 (3) Traffics in any technological access barrier through 93 which access to a protected computer may be obtained without 94 authorization, 95 96 is liable to the extent provided in s. 668.804 in a civil action 97 to the owner, operator, or lessee of the protected computer, or 98 the owner of information stored in the protected computer who 99 uses the information in connection with the operation of a 100 business. 101 Section 5. Section 668.804, Florida Statutes, is created to 102 read: 103 668.804 Remedies.— 104 (1) A person who brings a civil action for a violation 105 under s. 668.803 may: 106 (a) Recover actual damages, including the person’s lost 107 profits and economic damages. 108 (b) Recover the violator’s profits that are not included in 109 the computation of actual damages under paragraph (a). 110 (c) Obtain injunctive or other equitable relief from the 111 court to prevent a future violation of s. 668.803. 112 (d) Recover the misappropriated information and all copies 113 of the misappropriated information that are subject to the 114 violation. 115 (2) A court shall award reasonable attorney fees to the 116 prevailing party in any action arising under this part. 117 (3) The remedies available for a violation of s. 668.803 118 are in addition to remedies otherwise available for the same 119 conduct under federal or state law. 120 (4) A final judgment or decree in favor of the state in any 121 criminal proceeding under chapter 815 shall estop the defendant 122 in any subsequent action brought pursuant to s. 668.803 as to 123 all matters as to which the judgment or decree would be an 124 estoppel as if the plaintiff had been a party in the previous 125 criminal action. 126 (5) A civil action filed under s. 668.803 must be commenced 127 within 3 years after the violation occurred or within 3 years 128 after the violation was discovered or should have been 129 discovered with due diligence. 130 Section 6. Section 668.805, Florida Statutes, is created to 131 read: 132 668.805 Exclusions.—This part does not prohibit any 133 lawfully authorized investigative, protective, or intelligence 134 activity of any law enforcement agency, regulatory agency, or 135 political subdivision of this state, any other state, the United 136 States, or any foreign country. 137 Section 7. This act shall take effect October 1, 2015.