the words and terms defined in sections 3 and 4 of this act have the

meanings ascribed to them in those sections.

for technological crime created pursuant to section 5 of this act.

directly or indirectly, any component, device, equipment, system or

network that, alone or in conjunction with any other component, device,

equipment, system or network, is designed or has the capability to:

1. Be programmed; or

2. Generate, process, store, retrieve, convey, emit, transmit, receive,

relay, record or reproduce any data, information, image, program, signal

or sound in a technological format, including, without limitation, a

format that involves analog, digital, electronic, electromagnetic,

magnetic or optical technology.

technological crime is hereby created.

2. The board consists of nine members as follows:

(a) The attorney general.

(b) The director of the department of information technology.

1. (c) One member of the senate appointed by the majority leader of the

1. senate.

1. (d) One member of the assembly appointed by the speaker of the

1. assembly.

1. (e) Five other persons appointed by the governor as follows:

(1) Two persons who represent major sectors of the economy of this

state that are impacted significantly by technological crimes.

(2) One person who is an employee of a law enforcement agency of

this state.

(3) One person who is an employee of a public educational

institution within this state.

(4) One person who is a resident of this state and who is employed

by the Federal Government.

3. Each member of the board who is appointed to the board serves

for a term of 4 years. A vacancy on the board in an appointed position

must be filled in the same manner as the original appointment. A

member may be reappointed to the board.

4. The members of the board shall elect a chairman and vice

chairman by majority vote. After the initial election, the chairman and

vice chairman shall hold office for a term of 1 year beginning on July 1

of each year. If a vacancy occurs in the chairmanship or vice

chairmanship, the members of the board shall elect a chairman or vice

chairman, as appropriate, from among its members for the remainder of

the unexpired term.

5. The members of the board:

(a) Serve without compensation; and

(b) May, upon written request, receive the per diem allowance and

travel expenses provided for state officers and employees generally while

engaged in the business of the board.

6. A member of the board who is an officer or employee of this state

or a political subdivision of this state must be relieved from his duties

without loss of his regular compensation so that he may prepare for and

attend meetings of the board and perform any work necessary to carry

out the duties of the board in the most timely manner practicable. A state

agency or political subdivision of this state shall not require an officer or

employee who is a member of the board to make up the time he is absent

from work to carry out his duties as a member of the board or use annual

vacation or compensatory time for the absence.

the times and places specified by a call of the chairman or a majority of

the members of the board.

2. Except as otherwise provided in subsection 3, a member of the

board may designate in writing a person to represent him at a meeting of

the board. A representative who has been so designated:

(a) Shall be deemed to be a member of the board for the purpose of

determining a quorum at the meeting; and

(b) May vote on any matter that is voted on by the regular members of

the board at the meeting.

3. The attorney general may designate a representative to serve in his

place on the board or attend a meeting of the board in his place. The

director of the department of information technology may designate a

representative to serve in his place on the board or attend a meeting of

the board in his place.

4. Five members of the board constitute a quorum. A quorum may

exercise all the power and authority conferred on the board.

5. Notwithstanding any other provision of law, a member of the

board:

(a) Is not disqualified from public employment or holding a public

office because of his membership on the board; and

(b) Does not forfeit his public office or public employment because of

his membership on the board.

1. Facilitate cooperation between state, local and federal officers in

detecting, investigating and prosecuting technological crimes.

2. Establish two multi-agency task forces on technological crime,

one based in Reno for northern Nevada and one based in Las Vegas for

southern Nevada, consisting of:

(a) Investigators and prosecutors who are specifically trained to

investigate and prosecute technological crimes; and

(b) Persons from the private sector who are knowledgeable in the area

of information technology or the prevention or detection of technological

crimes.

3. Coordinate and provide training and education for members of

the general public, private industry and governmental agencies,

including, without limitation, law enforcement agencies, concerning the

statistics and methods of technological crimes and how to prevent and

detect technological crimes.

4. Administer, with the assistance of members of private industry, a

program to secure governmental information systems against illegal

intrusions and other criminal activities.

5. Evaluate and recommend changes to the existing civil and

criminal laws relating to technological crimes in response to current and

projected changes in technology and law enforcement techniques.

6. Authorize the payment of expenses incurred by the board in

carrying out its duties pursuant to this chapter.

the board shall appoint an executive director of technological crime

within the office of the attorney general.

2. The executive director is in the unclassified service of the state and

serves at the pleasure of the board.

3. The board shall establish the qualifications, powers and duties of

the executive director.

board shall appoint a full-time secretary who is in the unclassified

service of the state and serves at the pleasure of the board.

accept gifts, grants, appropriations or donations to assist the board in

carrying out its duties pursuant to the provisions of this chapter.

2. Any money received by the board must be deposited in the account

for the advisory board for the Nevada task force for technological crime

created pursuant to section 11 of this act.

force for technological crime is hereby created in the state general fund.

The board shall administer the account.

2. The money in the account must only be used to carry out the

provisions of this chapter and pay the expenses incurred by the board in

the discharge of its duties, including, without limitation, the payment of

any expenses related to the creation and subsequent activities of the task

forces on technological crime.

3. Claims against the account must be paid as other claims against

the state are paid.

4. The money in the account must remain in the account and must

not revert to the state general fund at the end of any fiscal year.

existence yet possesses value, including, without limitation, customer

lists, trade secrets, copyrighted material or other confidential

information.

image, program, signal or sound that is designed or has the capability to:

(a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify,

record or transmit; or

(b) Cause to be contaminated, corrupted, consumed, damaged,

destroyed, disrupted, modified, recorded or transmitted,

any other data, information, image, program, signal or sound contained

in a computer, system or network without the knowledge or consent of

the person who owns the other data, information, image, program, signal

or sound or the computer, system or network.

2. The term includes, without limitation:

(a) A virus, worm or trojan horse; or

(b) Any other similar data, information, image, program, signal or

sound that is designed or has the capability to prevent, impede, delay or

disrupt the normal operation or use of any component, device,

equipment, system or network.

measure, including, without limitation, cryptography, enciphering,

encoding or a computer contaminant, to:

1. Prevent, impede, delay or disrupt access to any data, information,

image, program, signal or sound;

2. Cause or make any data, information, image, program, signal or

sound unintelligible or unusable; or

3. Prevent, impede, delay or disrupt the normal operation or use of

any component, device, equipment, system or network.

or has the capability to generate, process, store, retrieve, convey, emit,

transmit, receive, relay, record or reproduce any data, information,

image, program, signal or sound by means of any component, device,

equipment, system or network, including, without limitation, by means

of:

(a) A computer, computer system, computer network, modem or

scanner.

(b) A telephone, cellular phone, satellite phone, pager, personal

communications device or facsimile machine.

(c) Any type of transmitter or receiver.

(d) Any other component, device, equipment, system or network that

uses analog, digital, electronic, electromagnetic, magnetic or optical

technology.

2. The term does not include a community antenna television

company, as defined in NRS 711.030.

service.

provides subscribers with access to the Internet or an electronic mail

address, or both.

encryption, directly or indirectly, to:

(a) Commit, facilitate, further or promote any criminal offense;

(b) Aid, assist or encourage another person to commit any criminal

offense;

(c) Conceal the commission of any criminal offense;

(d) Conceal or protect the identity of a person who has committed any

criminal offense; or

(e) Delay, hinder or obstruct the administration of the law.

2. A person who violates any provision of this section:

(a) Is guilty of a gross misdemeanor; and

(b) Commits a criminal offense that is separate and distinct from any

other criminal offense and may be prosecuted and convicted pursuant to

this section whether or not the person or any other person is or has been

prosecuted or convicted for any other criminal offense arising out of the

same facts as the violation of this section.

information, image, program, signal or sound that:

(a) Is contained in the header, subject line or routing instructions of

an item of electronic mail; or

(b) Describes or identifies the sender, source, point of origin or path

of transmission of an item of electronic mail,

with the intent to transmit or cause to be transmitted the item of

electronic mail to the electronic mail address of one or more recipients

without their knowledge of or consent to the transmission.

2. Except as otherwise provided in subsection 5, a person shall not

willfully transmit or cause to be transmitted an item of electronic mail to

the electronic mail address of one or more recipients without their

knowledge of or consent to the transmission if person knows or has

reason to know that the item of electronic mail contains or has been

generated or formatted with:

(a) An Internet domain name that is being used without the consent of

the person who holds the Internet domain name; or

(b) Any data, information, image, program, signal or sound that has

been used intentionally in the header, subject line or routing instructions

of the item of electronic mail to falsify or misrepresent:

(1) The identity of the sender; or

(2) The source, point of origin or path of transmission of the item

of electronic mail.

3. A person shall not knowingly sell, give or otherwise distribute or

possess with the intent to sell, give or otherwise distribute any data,

information, image, program, signal or sound which is designed or

intended to be used to falsify or forge any data, information, image,

program, signal or sound that:

(a) Is contained in the header, subject line or routing instructions of

an item of electronic mail; or

(b) Describes or identifies the sender, source, point of origin or path

of transmission of an item of electronic mail.

4. A person who violates any provision of this section is guilty of a

misdemeanor.

5. The provisions of subsection 2 do not apply to a provider of

Internet service who, in the course of providing service, transmits or

causes to be transmitted an item of electronic mail on behalf of another

person, unless the provider of Internet service is the person who first

generates the item of electronic mail.

(a) All information concerning a subscriber, other than the electronic

mail address of the subscriber, unless the subscriber gives permission, in

writing or by electronic mail, to the provider of Internet service to

disclose the information.

requests, in writing or by electronic mail, to have the electronic mail

address of the subscriber kept confidential. Upon receiving such a

request from a subscriber, a provider of Internet service shall keep

confidential the electronic mail address of the subscriber, unless the

subscriber gives permission, in writing or by electronic mail, to the

provider of Internet service to disclose the electronic mail address of the

subscriber.

2. A provider of Internet service shall provide notice of the

requirements of subsection 1 to each of its subscribers. The notice must

include, without limitation, a conspicuous statement that a subscriber

may request, in writing or by electronic mail, to have the electronic mail

address of the subscriber kept confidential.

3. A provider of Internet service who violates any provision of this

section is guilty of a misdemeanor and shall be punished by a fine of not

less than $50 or more than $500 for each violation.

4. As used in this section, "provider of Internet service" means a

provider of Internet service who charges a subscriber for access to the

Internet or the electronic mail address of the subscriber.

205.506, inclusive, and sections 14 to 22, inclusive, of this act, may bring

a civil action to recover:

(a) Damages for any loss or injury suffered as a result of the crime;

(b) Punitive damages; and

(c) Costs and reasonable attorney’s fees incurred in bringing the civil

action.

2. The provisions of this section do not abrogate or limit the right of

a victim of a crime described in NRS 205.473 to 205.506, inclusive, and

sections 14 to 22, inclusive, of this act, to bring a civil action pursuant to

any other statute or the common law.

1. includes, without limitation, a local, regional or global computer

1. network.

1. knowingly, willfully and without authorization introduces, causes to be

1. introduced or attempts to introduce a computer contaminant into a

1. computer, system or network is guilty of a misdemeanor.

1. section that at the time of the alleged offense the defendant reasonably

1. believed that:

1. (a) He was authorized to use or access the computer, system, network,

1. telecommunications device, telecommunications service or information

1. service and such use or access by the defendant was within the scope of

1. that authorization; or

1. (b) The owner or other person authorized to give consent would

1. authorize the defendant to use or access the computer, system, network,
2. telecommunications device, telecommunications service or information

1. service.

1. 5. A defendant who intends to offer an affirmative defense described

1. in subsection 4 at a trial or preliminary hearing must, not less than 14

1. days before the trial or hearing or at such other time as the court may

1. direct, file and serve on the prosecuting attorney a written notice of that

1. intent.

1. service license issued by the Federal Communications Commission from

1. possessing or using a radio receiver or transceiver that is intended
2. primarily for use in the amateur radio service and is used for lawful

1. purposes.

1. 3. A person who violates any provision of this section is guilty of a

1. category D felony and shall be punished as provided in NRS 193.130.

manager of an institution or facility shall ensure that no offender in the

institution or facility has access to a telecommunications device.

2. An offender may use a telephone subject to the limitations set

forth in NRS 209.419.

3. As used in this section, "telecommunications device" means a

device that can be used by an offender to communicate with a person

outside of the institution or facility at which the offender is incarcerated.

The term includes, without limitation, a telephone, a cellular telephone

or a computer that is connected to a computer network or is otherwise

capable of communicating with a person or device outside of the facility.

1. or a business that requires or permits the offender to:

1. (a) Telemarket or conduct opinion polls by telephone; or

1. (b) Acquire, review, use or have control over or access to personal

1. information concerning any person who is not incarcerated.

work shall:

(a) Create a written policy setting forth the appropriate uses of the

computers of the state agency; and

(b) Provide all employees of the state agency with a copy of the written

policy.

2. As used in this section, "state agency" means an agency, bureau,

board, commission, department, division or any other unit of the

executive department of the government of this state.

telephone installed in a vehicle or otherwise portable.

2. "Supplier" means a person authorized by the Federal

Communications Commission to provide mobile telephone service.

context otherwise requires, the words and terms defined in sections 42

and 43 of this act have the meanings ascribed to them in those sections.

1. A person who is in the business of providing a telecommunications

service;

2. An agent, employee, independent contractor or representative of a

person who is in the business of providing a telecommunications service;

or

3. A person who originates a charge for a telecommunications

service and directly or indirectly bills a customer for the charge.

designed or has the capability to generate, process, store, retrieve,

convey, emit, transmit, receive, relay, record or reproduce any data,

information, image, program, signal or sound over a communications

system or network, including, without limitation, a communications

system or network that uses analog, digital, electronic, electromagnetic,

magnetic or optical technology.

1. Make a statement or representation regarding the provision of a

telecommunications service, including, without limitation, a statement

regarding the rates, terms or conditions of a telecommunications service,

that:

(a) Is false, misleading or deceptive; or

(b) Fails to include material information which makes the statement

or representation false, misleading or deceptive.

2. Misrepresent his identity.

3. Falsely state to a person that the person has subscribed or

authorized a subscription to or has received a telecommunications

service.

4. Omit, when explaining the terms and conditions of a subscription

to a telecommunications service, a material fact concerning the

subscription.

5. Fail to provide a customer with timely written notice containing:

(a) A clear and detailed description relating directly to the services for

which the customer is being billed and the amount the customer is being

charged for each service;

(b) All terms and conditions relating directly to the services provided;

and

(c) The name, address and telephone number of the provider.

6. Fail to honor, within a reasonable period, a request of a customer

to cancel a telecommunications service pursuant to the terms and

conditions for the service.

7. Bill a customer for a telecommunications service after the

customer has canceled the telecommunications service pursuant to the

terms and conditions of the service.

8. Bill a customer for services that the provider knows the customer

has not authorized, unless the service is required to be provided by law.

The failure of a customer to refuse a proposal from a provider does not

constitute specific authorization.

9. Change a customer’s subscription to a local exchange carrier or

an interexchange carrier unless:

(a) The customer has authorized the change within the 30 days

immediately preceding the date of the change; and

(b) The provider complies with the provisions of 47 U.S.C. § 258, as

amended, and the verification procedures set forth in 47 C.F.R. part 64,

subpart K, as amended.

10. Fail to provide to a customer who has authorized the provider to

change his subscription to a local exchange carrier or an interexchange

carrier a written confirmation of the change within 30 days after the date

of the change.

11. Propose or enter into a contract with a person that purports to:

(a) Waive the protection afforded to the person by any provision of

this section; or

(b) Authorize the provider or an agent, employee, independent

contractor or representative of the provider to violate any provision of

this section.

competitively neutral manner, offer to each customer the opportunity to

freeze the interexchange carrier selected by the customer.

46, inclusive, are not exclusive and are in addition to any other remedies

provided by law.

2. A violation of any provision of sections 41 to 46, inclusive, of this

act constitutes a deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

1. means of closed transmission, including, without limitation, Internet

1. services, intranet services and electronic mail,

1. to members of the public who subscribe to the service.

1. (a) If the violation involves nine or fewer devices, is guilty of a gross

1. misdemeanor.

1. (b) If the violation involves 10 or more devices, is guilty of a category

1. D felony and shall be punished as provided in NRS 193.130.