Florida Senate - 2015 CS for CS for SB 222 By the Committees on Communications, Energy, and Public Utilities; and Commerce and Tourism; and Senator Hukill 579-02142-15 2015222c2 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 that the act does 22 not impose liability on specified providers in certain 23 circumstances; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. The Division of Law Revision and Information is 28 directed to create part V of chapter 668, Florida Statutes, 29 consisting of ss. 668.801-668.805, Florida Statutes, to be 30 entitled the “Computer Abuse and Data Recovery Act.” 31 Section 2. Section 668.801, Florida Statutes, is created to 32 read: 33 668.801 Purpose.—This part shall be construed liberally to: 34 (1) Safeguard an owner, operator, or lessee of a protected 35 computer used in the operation of a business from harm or loss 36 caused by unauthorized access to such computer. 37 (2) Safeguard an owner of information stored in a 38 protected computer used in the operation of a business from harm 39 or loss caused by unauthorized access to such computer. 40 Section 3. Section 668.802, Florida Statutes, is created to 41 read: 42 668.802 Definitions.—As used in this part, the term: 43 (1) “Authorized user” means, with respect to a protected 44 computer: 45 (a) A director, officer, or employee of the owner, 46 operator, or lessee of the computer or the owner of information 47 stored in the protected computer. 48 (b) A third-party agent, contractor, consultant, or 49 employee of the owner, operator, or lessee of the computer or 50 the owner of information stored in the protected computer if the 51 third-party agent, contractor, consultant, or employee is 52 granted access to the protected computer by the owner, operator, 53 or lessee of the protected computer or by the owner of 54 information stored in such protected computer in the form of a 55 technological access barrier. 56 57 If the owner, operator, or lessee of the computer or the owner 58 of information stored in the protected computer provides a 59 third-party agent, contractor, consultant, or employee with a 60 technological access barrier within the scope of his or her 61 employment, the owner, operator, or lessee of the computer or 62 the owner of information stored in the protected computer gives 63 explicit permission to the third-party agent, contractor, 64 consultant, or employee to use the technological access barrier 65 and establishes the third-party agent, contractor, consultant, 66 or employee as an authorized user. Such permission, however, is 67 terminated upon cessation of his or her employment. 68 (2) “Business” means any trade or business regardless of 69 its for-profit or not-for-profit status. 70 (3) “Computer” means an electronic, magnetic, optical, 71 electrochemical, or other high-speed data processing device that 72 performs logical, arithmetic, or storage functions and includes 73 any data storage facility, data storage device, or 74 communications facility directly related to, or operating in 75 conjunction with, the device. 76 (4) “Harm” means any impairment to the integrity, access, 77 or availability of data, programs, systems, or information. 78 (5) “Loss” means any of the following: 79 (a) Any reasonable cost incurred by the owner, operator, or 80 lessee of a protected computer or the owner of stored 81 information, including the reasonable cost of conducting a 82 damage assessment for harm associated with the violation and the 83 reasonable cost for remediation efforts, such as restoring the 84 data, programs, systems, or information to the condition it was 85 in before the violation. 86 (b) Economic damages. 87 (c) Lost profits. 88 (d) Consequential damages, including the interruption of 89 service. 90 (e) Profits earned by a violator as a result of the 91 violation. 92 (6) “Protected computer” means a computer that is used in 93 connection with the operation of a business and stores 94 information, programs, or code in connection with the operation 95 of the business in which the stored information, programs, or 96 code can be accessed only by employing a technological access 97 barrier. 98 (7) “Technological access barrier” means a password, 99 security code, token, key fob, access device, or similar 100 measure. 101 (8) “Traffic” means to sell, purchase, or deliver. 102 (9) “Without authorization” means access to a protected 103 computer by a person who: 104 (a) Is not an authorized user; 105 (b) Has stolen a technological access barrier of an 106 authorized user; or 107 (c) Circumvents a technological access barrier on a 108 protected computer without the express or implied permission of 109 the owner, operator, or lessee of the computer or the express or 110 implied permission of the owner of information stored in the 111 protected computer. The term does not include circumventing a 112 technological measure that does not effectively control access 113 to the protected computer or the information stored in the 114 protected computer. 115 Section 4. Section 668.803, Florida Statutes, is created to 116 read: 117 668.803 Prohibited acts.—A person who knowingly and with 118 intent to cause harm or loss: 119 (1) Obtains information from a protected computer without 120 authorization and, as a result, causes harm or loss; 121 (2) Causes the transmission of a program, code, or command 122 to a protected computer without authorization and, as a result 123 of the transmission, causes harm or loss; or 124 (3) Traffics in any technological access barrier through 125 which access to a protected computer may be obtained without 126 authorization, 127 128 is liable to the extent provided in s. 668.804 in a civil action 129 to the owner, operator, or lessee of the protected computer, or 130 the owner of information stored in the protected computer who 131 uses the information in connection with the operation of a 132 business. 133 Section 5. Section 668.804, Florida Statutes, is created to 134 read: 135 668.804 Remedies.— 136 (1) A person who brings a civil action for a violation 137 under s. 668.803 may: 138 (a) Recover actual damages, including the person’s lost 139 profits and economic damages. 140 (b) Recover the violator’s profits that are not included in 141 the computation of actual damages under paragraph (a). 142 (c) Obtain injunctive or other equitable relief from the 143 court to prevent a future violation of s. 668.803. 144 (d) Recover the misappropriated information, program, or 145 code, and all copies thereof, that are subject to the violation. 146 (2) A court shall award reasonable attorney fees to the 147 prevailing party in any action arising under this part. 148 (3) The remedies available for a violation of s. 668.803 149 are in addition to remedies otherwise available for the same 150 conduct under federal or state law. 151 (4) A final judgment or decree in favor of the state in any 152 criminal proceeding under chapter 815 shall estop the defendant 153 in any subsequent action brought pursuant to s. 668.803 as to 154 all matters as to which the judgment or decree would be an 155 estoppel as if the plaintiff had been a party in the previous 156 criminal action. 157 (5) A civil action filed under s. 668.803 must be commenced 158 within 3 years after the violation occurred or within 3 years 159 after the violation was discovered or should have been 160 discovered with due diligence. 161 Section 6. Section 668.805, Florida Statutes, is created to 162 read: 163 668.805 Exclusions.—This part does not prohibit any 164 lawfully authorized investigative, protective, or intelligence 165 activity of any law enforcement agency, regulatory agency, or 166 political subdivision of this state, any other state, the United 167 States, or any foreign country. This part may not be construed 168 to impose liability on any provider of an interactive computer 169 service as defined in 47 U.S.C. 230(f), of an information 170 service as defined in 47 U.S.C. 153, or of a communications 171 service as defined in s. 202.11, if the provider provides the 172 transmission, storage, or caching of electronic communications 173 or messages of a person other than the provider, related 174 telecommunications or commercial mobile radio services, or 175 content provided by a person other than the provider. 176 Section 7. This act shall take effect October 1, 2015.