(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to technology; prohibiting various acts related to the Internet, networks, computers and electronic mail; 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 and 3 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 list server;

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 and 3 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.  NRS 205.473 is hereby amended to read as follows:

2-15    205.473  As used in NRS 205.473 to 205.513, inclusive, and sections 2

2-16  and 3 of this act, unless the context otherwise requires, the words and

2-17  terms defined in NRS 205.4732 to 205.476, inclusive, and sections 2 and 3

2-18  of this act have the meanings ascribed to them in those sections.

2-19    Sec. 5.  NRS 205.4765 is hereby amended to read as follows:

2-20    205.4765  1.  Except as otherwise provided in subsection 6, a person

2-21  who knowingly, willfully and without authorization:

2-22    (a) Modifies;

2-23    (b) Damages;

2-24    (c) Destroys;

2-25    (d) Discloses;

2-26    (e) Uses;

2-27    (f) Transfers;

2-28    (g) Conceals;

2-29    (h) Takes;

2-30    (i) Retains possession of;

2-31    (j) Copies;

2-32    (k) Obtains or attempts to obtain access to, permits access to or causes

2-33  to be accessed; or

2-34    (l) Enters,

2-35  data, a program or any supporting documents which exist inside or outside

2-36  a computer, system or network is guilty of a misdemeanor.

2-37    2.  Except as otherwise provided in subsection 6, a person who

2-38  knowingly, willfully and without authorization:

2-39    (a) Modifies;

2-40    (b) Destroys;

2-41    (c) Uses;

2-42    (d) Takes;

2-43    (e) Damages;

2-44    (f) Transfers;

2-45    (g) Conceals;

2-46    (h) Copies;

2-47    (i) Retains possession of; or

 

 

3-1    (j) Obtains or attempts to obtain access to, permits access to or causes to

3-2  be accessed,

3-3  equipment or supplies that are used or intended to be used in a computer,

3-4  system or network is guilty of a misdemeanor.

3-5    3.  Except as otherwise provided in subsection 6, a person who

3-6  knowingly, willfully and without authorization:

3-7    (a) Destroys;

3-8    (b) Damages;

3-9    (c) Takes;

3-10    (d) Alters;

3-11    (e) Transfers;

3-12    (f) Discloses;

3-13    (g) Conceals;

3-14    (h) Copies;

3-15    (i) Uses;

3-16    (j) Retains possession of; or

3-17    (k) Obtains or attempts to obtain access to, permits access to or causes

3-18  to be accessed,

3-19  a computer, system or network is guilty of a misdemeanor.

3-20    4.  Except as otherwise provided in subsection 6, a person who

3-21  knowingly, willfully and without authorization:

3-22    (a) Obtains and discloses;

3-23    (b) Publishes;

3-24    (c) Transfers; or

3-25    (d) Uses,

3-26  a device used to access a computer, network or data is guilty of a

3-27  misdemeanor.

3-28    5.  Except as otherwise provided in subsection 6, a person who

3-29  knowingly, willfully and without authorization introduces, causes to be

3-30  introduced or attempts to introduce a computer contaminant into a

3-31  computer, system or network is guilty of a misdemeanor.

3-32    6.  If the violation of any provision of this section:

3-33    (a) Was committed to devise or execute a scheme to defraud or illegally

3-34  obtain property;

3-35    (b) Caused response costs, loss, injury or other damage in excess of

3-36  $500; or

3-37    (c) Caused an interruption or impairment of a public service, including,

3-38  without limitation, a governmental operation, a system of public

3-39  communication or transportation or a supply of water, gas or

3-40  electricity,

3-41  the person is guilty of a category C felony and shall be punished as

3-42  provided in NRS 193.130, and may be further punished by a fine of not

3-43  more than $100,000. In addition to any other penalty, the court shall order

3-44  the person to pay restitution.

3-45    Sec. 6.  NRS 205.477 is hereby amended to read as follows:

3-46    205.477  1.  Except as otherwise provided in subsections 3 and 4, a

3-47  person who knowingly, willfully and without authorization interferes with,

3-48  denies or causes the denial of access to or use of a computer, system or

4-1  network to a person who has the duty and right to use it is guilty of a

4-2  misdemeanor.

4-3    2.  Except as otherwise provided in subsections 3 and 4, a person who

4-4  knowingly, willfully and without authorization uses, causes the use of,

4-5  accesses, attempts to gain access to or causes access to be gained

4-6  to a computer, system, network, telecommunications device,

4-7  telecommunications service or information service is guilty of a

4-8  misdemeanor.

4-9    3.  If the violation of [subsection 1 or 2 was] any provision of this

4-10  section:

4-11    (a) Was committed to devise or execute a scheme to defraud or illegally

4-12  obtain property[,] ;

4-13    (b) Caused response costs, loss, injury or other damage in excess of

4-14  $500; or

4-15    (c) Caused an interruption or impairment of a public service,

4-16  including, without limitation, a governmental operation, a system of

4-17  public communication or transportation or a supply of water, gas or

4-18  electricity,

4-19  the person is guilty of a category C felony and shall be punished as

4-20  provided in NRS 193.130, and may be further punished by a fine of not

4-21  more than $100,000. In addition to any other penalty, the court shall order

4-22  the person to pay restitution.

4-23    4.  It is an affirmative defense to a charge made pursuant to this section

4-24  that at the time of the alleged offense the defendant reasonably believed

4-25  that:

4-26    (a) He was authorized to use or access the computer, system, network,

4-27  telecommunications device, telecommunications service or information

4-28  service and such use or access by the defendant was within the scope of

4-29  that authorization; or

4-30    (b) The owner or other person authorized to give consent would

4-31  authorize the defendant to use or access the computer, system, network,

4-32  telecommunications device, telecommunications service or information

4-33  service.

4-34    5.  A defendant who intends to offer an affirmative defense described

4-35  in subsection 4 at a trial or preliminary hearing must, not less than 14 days

4-36  before the trial or hearing or at such other time as the court may direct, file

4-37  and serve on the prosecuting attorney a written notice of that intent.

4-38    Sec. 7.  NRS 205.492 is hereby amended to read as follows:

4-39    205.492  1.  A person shall not willfully falsify or forge any data,

4-40  information, image, program, signal or sound that:

4-41    (a) Is contained in the header, subject line or routing instructions of an

4-42  item of electronic mail; or

4-43    (b) Describes or identifies the sender, source, point of origin or path of

4-44  transmission of an item of electronic mail,

4-45  with the intent to transmit or cause to be transmitted the item of electronic

4-46  mail to any Internet or network site or to the electronic mail address of

4-47  one or more recipients without their knowledge of or consent to the

4-48  transmission.

5-1    2.  Except as otherwise provided in subsection [5,] 7, a person shall not

5-2  willfully transmit or cause to be transmitted an item of electronic mail to

5-3  any Internet or network site or to the electronic mail address of one or

5-4  more recipients without their knowledge of or consent to the transmission

5-5  if the person knows or has reason to know that the item of electronic mail

5-6  contains or has been generated or formatted with:

5-7    (a) An Internet domain name that is being used without the consent of

5-8  the person who holds the Internet domain name; or

5-9    (b) Any data, information, image, program, signal or sound that has

5-10  been used intentionally in the header, subject line or routing instructions of

5-11  the item of electronic mail to falsify or misrepresent:

5-12      (1) The identity of the sender; or

5-13      (2) The source, point of origin or path of transmission of the item of

5-14  electronic mail.

5-15    3.  A person shall not knowingly sell, give or otherwise distribute or

5-16  possess with the intent to sell, give or otherwise distribute any data,

5-17  information, image, program, signal or sound which is designed or

5-18  intended to be used to falsify or forge any data, information, image,

5-19  program, signal or sound that:

5-20    (a) Is contained in the header, subject line or routing instructions of an

5-21  item of electronic mail; or

5-22    (b) Describes or identifies the sender, source, point of origin or path of

5-23  transmission of an item of electronic mail.

5-24    4.  [A] Except as otherwise provided in subsection 7, a person shall

5-25  not willfully and without authorization transmit or cause to be

5-26  transmitted an item of electronic mail or any other data, information,

5-27  image, program, signal or sound to any Internet or network site, to the

5-28  electronic mail address of one or more recipients or to any other

5-29  computer, system or network:

5-30    (a) With the intent to prevent, impede, delay or disrupt the normal

5-31  operation or use of the Internet or network site, electronic mail address,

5-32  computer, system or network, whether or not such a result actually

5-33  occurs; or

5-34    (b) Under circumstances in which such conduct is reasonably likely to

5-35  prevent, impede, delay or disrupt the normal operation or use of the

5-36  Internet or network site, electronic mail address, computer, system or

5-37  network, whether or not such a result actually occurs.

5-38    5.  Except as otherwise provided in subsection 6, a person who

5-39  violates any provision of this section is guilty of a misdemeanor.

5-40    [5.] 6.  If the violation of any provision of subsection 4:

5-41    (a) Was committed to devise or execute a scheme to defraud or

5-42  illegally obtain property;

5-43    (b) Caused response costs, loss, injury or other damage in excess of

5-44  $500; or

5-45    (c) Caused an interruption or impairment of a public service,

5-46  including, without limitation, a governmental operation, a system of

5-47  public communication or transportation or a supply of water, gas or

5-48  electricity,

6-1  the person is guilty of a category C felony and shall be punished as

6-2  provided in NRS 193.130, and may be further punished by a fine of not

6-3  more than $100,000. In addition to any other penalty, the court shall

6-4  order the person to pay restitution.

6-5    7. The provisions of [subsection] subsections 2 and 4 do not apply to a

6-6  provider of Internet service who, in the course of providing service,

6-7  transmits or causes to be transmitted an item of electronic mail on behalf of

6-8  another person, unless the provider of Internet service is the person who

6-9  first generates the item of electronic mail.

6-10    8.  As used in this section, “item of electronic mail” includes, without

6-11  limitation:

6-12    (a) A single item of electronic mail;

6-13    (b) Multiple copies of one or more items of electronic mail;

6-14    (c) A collection, group or bulk aggregation of one or more items of

6-15  electronic mail;

6-16    (d) A constant, continual or recurring pattern or series of one or more

6-17  items of electronic mail; or

6-18    (e) Any other data, information, image, program, signal or sound that

6-19  is included or embedded in or attached or connected to one or more items

6-20  of electronic mail.

6-21    Sec. 8.  NRS 205.511 is hereby amended to read as follows:

6-22    205.511  1.  Any victim of a crime described in NRS 205.473 to

6-23  205.513, inclusive, and sections 2 and 3 of this act may bring a civil

6-24  action to recover:

6-25    (a) Damages for any response costs, loss or injury suffered as a result of

6-26  the crime;

6-27    (b) Punitive damages; and

6-28    (c) Costs and reasonable attorney’s fees incurred in bringing the civil

6-29  action.

6-30    2.  A victim of a crime described in NRS 205.473 to 205.513,

6-31  inclusive, and sections 2 and 3 of this act may bring a civil action

6-32  pursuant to this section whether or not the person who committed the

6-33  crime is or has been charged with or convicted or acquitted of the crime

6-34  or any other offense arising out of the facts surrounding the crime.

6-35    3.  The provisions of this section do not abrogate or limit the right of a

6-36  victim of a crime described in NRS 205.473 to 205.513, inclusive, and

6-37  sections 2 and 3 of this act to bring a civil action pursuant to any other

6-38  statute or the common law.

6-39    Sec. 9.  NRS 205.513 is hereby amended to read as follows:

6-40    205.513  1.  If it appears that a person has engaged in or is about to

6-41  engage in any act or practice which violates any provision of NRS 205.473

6-42  to 205.513, inclusive, and sections 2 and 3 of this act, the attorney general

6-43  or the appropriate district attorney may file an action in any court of

6-44  competent jurisdiction to prevent the occurrence or continuance of that act

6-45  or practice.

6-46    2.  An injunction:

6-47    (a) May be issued without proof of actual damage sustained by any

6-48  person.

 

7-1    (b) Does not preclude the criminal prosecution and punishment of a

7-2  violator.

7-3    Sec. 10.  The amendatory provisions of sections 5, 6 and 7 of this act

7-4  do not apply to offenses committed before October 1, 2001.

 

7-5  H