Senate Bill No. 48–Committee on Judiciary
Prefiled January 24, 2001
(On Behalf of Encouraging Businesses to
Organize and
Conduct Business in Nevada (SCR 19))
____________
Referred to Committee on Judiciary
SUMMARY—Prohibits various acts related to Internet,
networks, computers and electronic mail. (BDR 15‑259)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to technology; prohibiting various acts related to the Internet,
networks, computers and electronic mail; prohibiting, under certain
circumstances, persons who own, operate, administer or control an Internet or
network site from collecting personal identifying information from persons who
access the site; prohibiting a person from committing certain acts that
prevent, impede, delay or disrupt the normal operation or use of any Internet
or network site, electronic mail address, computer, system or network; allowing
victims of certain technological crimes to recover response costs in a civil
action; providing penalties; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section
1. Chapter 205 of NRS is hereby
amended by adding thereto
1-2 the provisions set forth as sections 2, 3 and 4 of
this act.
1-3 Sec. 2. 1. “Internet or network site” means any identifiable site on
1-4 the Internet or
on a network.
1-5 2. The
term includes, without limitation:
1-6 (a) A website or other similar site on the
World Wide Web;
1-7 (b) A site that is identifiable through a
Uniform Resource Location;
1-8 (c) A site on a network that is owned,
operated, administered or
1-9 controlled by a
provider of Internet service;
1-10 (d) An electronic bulletin board;
1-11 (e) A listserv;
1-12 (f) A newsgroup; or
1-13 (g) A chat room.
2-1 Sec. 3. 1. “Response costs” means any reasonable costs
that arise
2-2 in response to
and as a proximate result of a crime described in NRS
2-3 205.473 to
205.513, inclusive, and sections 2, 3 and 4 of this act.
2-4 2. The
term includes, without limitation, any reasonable costs to:
2-5 (a) Investigate the facts surrounding the
crime;
2-6
(b) Ascertain or calculate any past or future
loss, injury or other
2-7 damage;
2-8 (c) Remedy, mitigate or prevent any past or
future loss, injury or other
2-9 damage; or
2-10 (d) Test, examine, restore or verify the
integrity of or the normal
2-11 operation or use
of any Internet or network site, electronic mail address,
2-12 computer, system,
network, component, device, equipment, data,
2-13 information,
image, program, signal or sound.
2-14 Sec. 4. 1. If a person:
2-15 (a) Is physically present within this state,
is incorporated or organized
2-16 under the laws of
this state, or subscribes to the services of a provider of
2-17 Internet service
who is physically present within this state or is
2-18 incorporated or
organized under the laws of this state;
2-19 (b) Owns, operates, administers or controls an
Internet or network
2-20 site; and
2-21 (c) Uses, attempts to use or intends to use
the Internet or network site
2-22 to advertise or
sell any product or service,
2-23 the person shall
not collect any personal identifying information from or
2-24 about another
person who accesses the Internet or network site, unless
2-25 there is posted
on the Internet or network site a statement of privacy
2-26 practices that
complies with the provisions of subsection 2.
2-27 2. A
statement of privacy practices must:
2-28 (a) Appear conspicuously at the home page on
the Internet or network
2-29 site and at each
location on the Internet or network site at which
2-30 personal
identifying information is collected, or a link to the statement of
2-31 privacy practices
must appear conspicuously at the home page and at
2-32 each such
location; and
2-33 (b) Include a clear statement explaining:
2-34 (1) The type of personal identifying
information collected at the
2-35 Internet or
network site;
2-36 (2) Whether any personal identifying
information is collected
2-37 automatically
when a person accesses the Internet or network site and, if
2-38 so, the type of
personal identifying information collected in this manner;
2-39 (3) Each intended purpose or use for the
personal identifying
2-40 information
collected at the Internet or network site, and each third party
2-41 to whom the
personal identifying information may be disclosed;
2-42 (4) Whether a person who accesses the
Internet or network site may
2-43 review the
personal identifying information collected from or about him,
2-44 whether he may
have such personal identifying information removed
2-45 permanently from
databases and other records where the personal
2-46 identifying
information is stored and, if so, the means by which such a
2-47 review or removal
may be requested; and
2-48 (5) Whether a cookie or any other data,
information, image,
2-49 program, signal
or sound is placed, saved or stored automatically on the
3-1 computer or
system of a person who accesses the Internet or network site
3-2 and, if so, each
intended purpose or use for the cookie or other data,
3-3 information,
image, program, signal or sound.
3-4 3. A
person who violates any provision of this section is guilty of a
3-5 misdemeanor.
3-6 4. As
used in this section, “personal identifying information” means
3-7 any information
designed, commonly used or capable of being used,
3-8 alone or in
conjunction with any other information, to identify a person,
3-9 including,
without limitation, the name, telephone number, postal
3-10 address,
electronic mail address, driver’s license number, social security
3-11 number, savings
account number, credit card number, debit card
3-12 number, date of
birth, place of employment or maiden name of the
3-13 mother of a
person.
3-14 Sec. 5. NRS
205.473 is hereby amended to read as follows:
3-15 205.473 As used in NRS 205.473 to 205.513, inclusive,
and sections
3-16 2, 3 and 4 of
this act, unless
the context otherwise requires, the words and
3-17 terms defined in NRS 205.4732 to 205.476, inclusive,
and sections 2 and 3
3-18 of this act have the meanings ascribed
to them in those sections.
3-19 Sec. 6. NRS
205.4765 is hereby amended to read as follows:
3-20 205.4765 1. Except
as otherwise provided in subsection 6, a person
3-21 who knowingly, willfully and without authorization:
3-22 (a) Modifies;
3-23 (b) Damages;
3-24 (c) Destroys;
3-25 (d) Discloses;
3-26 (e) Uses;
3-27 (f) Transfers;
3-28 (g) Conceals;
3-29 (h) Takes;
3-30 (i) Retains
possession of;
3-31 (j) Copies;
3-32 (k) Obtains
or attempts to obtain access to, permits access to or causes
3-33 to be accessed; or
3-34 (l) Enters,
3-35 data, a program or any supporting documents which
exist inside or outside
3-36 a computer, system or network is guilty of a
misdemeanor.
3-37 2. Except as otherwise provided in subsection 6,
a person who
3-38 knowingly, willfully and without authorization:
3-39 (a) Modifies;
3-40 (b) Destroys;
3-41 (c) Uses;
3-42 (d) Takes;
3-43 (e) Damages;
3-44 (f) Transfers;
3-45 (g) Conceals;
3-46 (h) Copies;
3-47 (i) Retains
possession of; or
3-48 (j) Obtains
or attempts to obtain access to, permits access to or causes to
3-49 be accessed,
4-1 equipment or supplies that are used or intended to be
used in a computer,
4-2 system or network is guilty of a misdemeanor.
4-3 3. Except as otherwise provided in subsection 6,
a person who
4-4 knowingly, willfully and without authorization:
4-5 (a) Destroys;
4-6 (b) Damages;
4-7 (c) Takes;
4-8 (d) Alters;
4-9 (e) Transfers;
4-10 (f) Discloses;
4-11 (g) Conceals;
4-12 (h) Copies;
4-13 (i) Uses;
4-14 (j) Retains
possession of; or
4-15 (k) Obtains
or attempts to obtain access to, permits access to or causes
4-16 to be accessed,
4-17 a computer, system or network is guilty of a
misdemeanor.
4-18 4. Except as otherwise provided in subsection 6,
a person who
4-19 knowingly, willfully and without authorization:
4-20 (a) Obtains
and discloses;
4-21 (b) Publishes;
4-22 (c) Transfers;
or
4-23 (d) Uses,
4-24 a device used to access a computer, network or data
is guilty of a
4-25 misdemeanor.
4-26 5. Except as otherwise provided in subsection 6,
a person who
4-27 knowingly, willfully and without authorization
introduces, causes to be
4-28 introduced or attempts to introduce a computer
contaminant into a
4-29 computer, system or network is guilty of a
misdemeanor.
4-30 6. If the violation of any provision of this
section:
4-31 (a) Was
committed to devise or execute a scheme to defraud or illegally
4-32 obtain property;
4-33 (b) Caused response costs, loss, injury or other damage
in excess of
4-34 $500; or
4-35 (c) Caused an
interruption or impairment of a public service, including,
4-36 without limitation, a governmental operation, a
system of public
4-37 communication or transportation or a supply of
water, gas or
electricity,
4-38 the person is guilty of a category C felony and
shall be punished as
4-39 provided in NRS 193.130, and may be further punished
by a fine of not
4-40 more than $100,000. In addition to any other
penalty, the court shall order
4-41 the person to pay restitution.
4-42 Sec. 7. NRS
205.477 is hereby amended to read as follows:
4-43 205.477 1. Except
as otherwise provided in subsections 3 and 4, a
4-44 person who knowingly, willfully and without
authorization interferes with,
4-45 denies or causes the denial of access to or use of a
computer, system or
4-46 network to a person who has the duty and right to
use it is guilty of a
4-47 misdemeanor.
5-1 2. Except as otherwise provided in subsections 3
and 4, a person who
5-2 knowingly, willfully and without authorization uses,
causes the use of,
5-3 accesses, attempts to gain access to or causes
access to be gained
to a computer, system, network, telecommunications device,
5-4 telecommunications service or information service is
guilty of a
5-5 misdemeanor.
5-6 3. If the violation of [subsection 1 or 2 was]
any provision of this
5-7 section:
5-8 (a) Was committed to devise or execute a scheme to
defraud or illegally
5-9 obtain property [,] ;
5-10 (b) Caused response costs, loss, injury or
other damage in excess of
5-11 $500; or
5-12 (c) Caused an interruption or impairment of a
public service,
5-13 including,
without limitation, a governmental operation, a system of
5-14 public
communication or transportation or a supply of water, gas or
5-15 electricity,
5-16 the person is guilty of a category C felony and
shall be punished as
5-17 provided in NRS 193.130, and may be further punished
by a fine of not
5-18 more than $100,000. In addition to any other
penalty, the court shall order
5-19 the person to pay restitution.
5-20 4. It is an affirmative defense to a charge made
pursuant to this section
5-21 that at the time of the alleged offense the
defendant reasonably believed
5-22 that:
5-23 (a) He was
authorized to use or access the computer, system, network,
5-24 telecommunications device, telecommunications
service or information
5-25 service and such use or access by the defendant was
within the scope of
5-26 that authorization; or
5-27 (b) The owner
or other person authorized to give consent would
5-28 authorize the defendant to use or access the
computer, system, network,
5-29 telecommunications device, telecommunications
service or information
5-30 service.
5-31 5. A defendant who intends to offer an
affirmative defense described
5-32 in subsection 4 at a trial or preliminary hearing
must, not less than 14 days
5-33 before the trial or hearing or at such other time as
the court may direct, file
5-34 and serve on the prosecuting attorney a written
notice of that intent.
5-35 Sec. 8. NRS
205.492 is hereby amended to read as follows:
5-36 205.492 1. A
person shall not willfully falsify or forge any data,
5-37 information, image, program, signal or sound that:
5-38 (a) Is
contained in the header, subject line or routing instructions of an
5-39 item of electronic mail; or
5-40 (b) Describes
or identifies the sender, source, point of origin or path of
5-41 transmission of an item of electronic mail,
5-42 with the intent to transmit or cause to be
transmitted the item of electronic
5-43 mail to any
Internet or network site or to the electronic mail address of
5-44 one or more recipients without their knowledge of or
consent to the
5-45 transmission.
5-46 2. Except as otherwise provided in subsection [5,] 7, a person shall not
5-47 willfully transmit or cause to be transmitted an
item of electronic mail to
5-48 any Internet or
network site or to the electronic mail address of one or
6-1 more recipients without their knowledge of or
consent to the transmission
6-2 if the person knows or has reason to know that the
item of electronic mail
6-3 contains or has been generated or formatted with:
6-4 (a) An
Internet domain name that is being used without the consent of
6-5 the person who holds the Internet domain name; or
6-6 (b) Any data,
information, image, program, signal or sound that has
6-7 been used intentionally in the header, subject line
or routing instructions of
6-8 the item of electronic mail to falsify or
misrepresent:
6-9 (1) The
identity of the sender; or
6-10 (2) The
source, point of origin or path of transmission of the item of
6-11 electronic mail.
6-12 3. A person
shall not knowingly sell, give or otherwise distribute or
6-13 possess with the intent to sell, give or otherwise
distribute any data,
6-14 information, image, program, signal or sound which
is designed or
6-15 intended to be used to falsify or forge any data,
information, image,
6-16 program, signal or sound that:
6-17 (a) Is
contained in the header, subject line or routing instructions of an
6-18 item of electronic mail; or
6-19 (b) Describes
or identifies the sender, source, point of origin or path of
6-20 transmission of an item of electronic mail.
6-21 4. [A] Except as otherwise provided in
subsection 7, a person shall
6-22 not willfully and
without authorization transmit or cause to be
6-23 transmitted an
item of electronic mail or any other data, information,
6-24 image, program,
signal or sound to any Internet or network site, to the
6-25 electronic mail
address of one or more recipients or to any other
6-26 computer, system
or network:
6-27 (a) With the intent to prevent, impede, delay
or disrupt the normal
6-28 operation or use
of the Internet or network site, electronic mail address,
6-29 computer, system
or network, whether or not such a result actually
6-30 occurs; or
6-31 (b) Under circumstances in which such conduct
is reasonably likely to
6-32 prevent, impede,
delay or disrupt the normal operation or use of the
6-33 Internet or
network site, electronic mail address, computer, system or
6-34 network, whether
or not such a result actually occurs.
6-35 5. Except
as otherwise provided in subsection 6, a person who
6-36 violates any provision of this section is guilty of
a misdemeanor.
6-37 [5.] 6. If the violation of any provision of subsection 4:
6-38 (a) Was committed to devise or execute a
scheme to defraud or
6-39 illegally obtain
property;
6-40 (b) Caused response costs, loss, injury or
other damage in excess of
6-41 $500; or
6-42 (c) Caused an interruption or impairment of a
public service,
6-43 including,
without limitation, a governmental operation, a system of
6-44 public
communication or transportation or a supply of water, gas or
6-45 electricity,
6-46 the person is
guilty of a category C felony and shall be punished as
6-47 provided in NRS
193.130, and may be further punished by a fine of not
6-48 more than
$100,000. In addition to any other penalty, the court shall
6-49 order the person
to pay restitution.
7-1 7. The
provisions of [subsection] subsections 2 and 4 do not apply to a
7-2 provider of Internet service who, in the course of
providing service,
7-3 transmits or causes to be transmitted an item of
electronic mail on behalf of
7-4 another person, unless the provider of Internet
service is the person who
7-5 first generates the item of electronic mail.
7-6 8. As
used in this section, “item of electronic mail” includes, without
7-7 limitation:
7-8 (a) A single item of electronic mail;
7-9 (b) Multiple copies of one or more items of
electronic mail;
7-10 (c) A collection, group or bulk aggregation of
one or more items of
7-11 electronic mail;
7-12 (d) A constant, continual or recurring pattern
or series of one or more
7-13 items of electronic
mail; or
7-14 (e) Any other data, information, image,
program, signal or sound that
7-15 is included or
embedded in or attached or connected to one or more items
7-16 of electronic
mail.
7-17 Sec. 9. NRS
205.511 is hereby amended to read as follows:
7-18 205.511 1. Any
victim of a crime described in NRS 205.473 to
7-19 205.513, inclusive, and sections 2, 3 and 4 of this act may bring
a civil
7-20 action to recover:
7-21 (a) Damages
for any response costs, loss
or injury suffered as a result of
7-22 the crime;
7-23 (b) Punitive
damages; and
7-24 (c) Costs and
reasonable attorney’s fees incurred in bringing the civil
7-25 action.
7-26 2. A
victim of a crime described in NRS 205.473 to 205.513,
7-27 inclusive, and
sections 2, 3 and 4 of this act may bring a civil action
7-28 pursuant to this
section whether or not the person who committed the
7-29 crime is or has
been charged with or convicted or acquitted of the crime
7-30 or any other
offense arising out of the facts surrounding the crime.
7-31 3. The provisions of this
section do not abrogate or limit the right of a
7-32 victim of a crime described in NRS 205.473 to
205.513, inclusive, and
7-33 sections 2, 3 and
4 of this act to bring a civil action pursuant to any other
7-34 statute or the common law.
7-35 Sec. 10. NRS
205.513 is hereby amended to read as follows:
7-36 205.513 1. If
it appears that a person has engaged in or is about to
7-37 engage in any act or practice which violates any
provision of NRS 205.473
7-38 to 205.513, inclusive, and sections 2, 3 and 4 of this act, the
attorney
7-39 general or the appropriate district attorney may
file an action in any court
7-40 of competent jurisdiction to prevent the occurrence
or continuance of that
7-41 act or practice.
7-42 2. An injunction:
7-43 (a) May be
issued without proof of actual damage sustained by any
7-44 person.
7-45 (b) Does not
preclude the criminal prosecution and punishment of a
7-46 violator.
7-47 Sec. 11. The
amendatory provisions of sections 4, 6, 7 and 8 of this
7-48 act do not apply to offenses committed before
October 1, 2001.
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