Text: SF02199 Text: SF02201 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 716.6C UNAUTHORIZED COLLECTION 1 2 AND DISCLOSURE OF PERSONAL INFORMATION BY COMPUTER CRIMINAL 1 3 PENALTY CIVIL CAUSE OF ACTION. 1 4 1. A person who knowingly makes available computer 1 5 software or provides access to any interactive computer 1 6 service that includes a capability to collect identifying 1 7 personal information about the user of the computer software 1 8 or interactive computer service and who discloses, directly or 1 9 via the computer software or interactive computer service, 1 10 such identifying personal information to any person other than 1 11 the user commits an aggravated misdemeanor unless clear notice 1 12 is given to the user during the initial execution, start-up, 1 13 installation, download, configuration, or operation of the 1 14 computer software or interactive computer service regarding 1 15 all of the following: 1 16 a. The capability of the software or service to transmit 1 17 or disclose identifying personal information to persons other 1 18 than the user. 1 19 b. The identifying personal information subject to 1 20 collection and the name and address of each person with whom 1 21 such computer software or interactive computer service will 1 22 communicate other than the user. 1 23 c. Instructions on how to disable such capability to 1 24 transmit information to persons other than the user without 1 25 affecting the performance or operation of the computer 1 26 software or computer service. 1 27 2. The county attorney or an aggrieved person may 1 28 institute civil proceedings against any person in district 1 29 court seeking relief from conduct constituting a violation of 1 30 this section or to prevent, restrain, or remedy such a 1 31 violation. 1 32 3. This section shall not apply to persons making 1 33 available computer software or interactive computer service 1 34 that is reasonably needed to do any of the following: 1 35 a. Determine whether or not the user is a licensed or 2 1 authorized user of the software. 2 2 b. Provide technical support for the use of such software 2 3 or computer service upon request of the user. 2 4 c. For any legitimate law enforcement purpose as 2 5 authorized by applicable federal, state, or local law. 2 6 d. To enable an employer to monitor employee computer 2 7 usage while such employee is within the scope of any 2 8 employment as authorized by applicable federal, state, or 2 9 local law. 2 10 4. As used in this section, the following definitions 2 11 shall apply: 2 12 a. "Identifying personal information" means information 2 13 that personally identifies a user of computer software or 2 14 interactive computer service, including but not limited to any 2 15 of the following: 2 16 (1) Name. 2 17 (2) Address, including the street name or name of city or 2 18 town. 2 19 (3) The electronic mail address of the user. 2 20 (4) Telephone number. 2 21 (5) Social security number. 2 22 (6) Credit card number, expiration date, or other personal 2 23 identification number, password, or access code for the credit 2 24 card. 2 25 (7) Birth date, birth certificate identification number, 2 26 or place of birth. 2 27 (8) Any other information identifying an individual. 2 28 b. "Interactive computer service" means an information 2 29 service or system that provides computer software or enables 2 30 computer access to a computer service or network, including 2 31 specifically a service or system that provides access to the 2 32 internet or to software services on the internet, and such 2 33 systems operated or services offered by a library or an 2 34 educational institution. 2 35 EXPLANATION 3 1 This bill establishes a criminal offense of unauthorized 3 2 collection and disclosure of personal information by computer, 3 3 and provides for a civil cause of action. 3 4 A person commits the crime of unauthorized collection and 3 5 disclosure of personal information by computer by making 3 6 available or providing access to computer software or an 3 7 interactive computer service that collects identifying 3 8 personal information and discloses such identifying personal 3 9 information to persons other than the user without first 3 10 giving the user notice of the following: the capability of 3 11 the software or service to transmit or disclose identifying 3 12 personal information, the information subject to collection 3 13 and the name and address of the person to whom the information 3 14 is disclosed, and instructions on how to disable the 3 15 capability to collect and transmit information to persons 3 16 other than the user. A violation is an aggravated 3 17 misdemeanor. An aggravated misdemeanor is punishable by 3 18 confinement for no more than two years and a fine of at least 3 19 $500 but not more than $5,000. 3 20 The bill provides the county attorney or other aggrieved 3 21 person with the ability to file a civil cause of action for 3 22 relief from conduct constituting the crime of the unauthorized 3 23 collection and disclosure of personal information by computer 3 24 established under the bill. 3 25 The crime of unauthorized collection and disclosure of 3 26 personal information by computer does not apply to persons 3 27 making available computer software that is reasonably needed 3 28 to determine whether or not the user is an authorized user of 3 29 the software, persons providing technical support for the 3 30 software upon request of the user, for any legitimate law 3 31 enforcement purpose authorized by law, and employers 3 32 monitoring computer usage of their employees as authorized by 3 33 applicable law. 3 34 The bill provides definitions of "identifying personal 3 35 information" and "interactive computer service". 4 1 LSB 5898XS 80 4 2 kk/pj/5
Text: SF02199 Text: SF02201 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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