1999 Information Technology and Internet Laws

Computer and Electronic Crime - 1999 Enacted Laws

Deals with electronic harassment and stalking; electronic surveillance; theft of personal identifying information; disabling computer data, software and hardware; criminal penalties relating to unsolicited commercial e-mail (spamming); child pornography and solicitation through the Internet; and other crimes perpetrated using a computer.
 

Arkansas

H.B. 1167
Signed by governor 3/15/99
Act No. 568
Creates the crime of financial identity fraud if identifying information-such as a digital signature or electronic identification number-is accessed or obtained to unlawfully appropriate the financial resources of a person. This crime constitutes an unfair or deceptive act under the Deceptive Trade Practices Act.

S.B. 912
Signed by governor 4/15/99
Act No. 1578 Creates the Arkansas Right to Privacy Act relating to the crime of financial identity fraud, including digital signatures and electronic identification numbers, and the unauthorized copying or sale of recordings.

A.B. 451
Signed by governor 8/30/99
Chapter No. 254
Relates to forfeiture of a computer, system or network, when used for counterfeiting.

S.B. 157
Signed by governor 9/16/99
Chapter No. 427
Extends to January 1, 2003 the effective date of the High Technology Theft Apprehension and Prosecution Program.

S.B. 662
Signed by governor 10/9/99
Chapter No. 896
Allows a search for records under a search warrant issued by a California court that would reveal specified information about a customer of a foreign corporation that provides electronic communications services or remote computing services.

H.B. 5028
Signed by governor 6/23/99
Public Act No. 99-160
Prohibits a person from using a computer or computer network without authority to disable a computer, to falsify electronic mail transmission information or other routing information and to give, sell or possess software for falsifying transmissions or other routing information. Establishes criminal and civil liabilities. Extends personal jurisdiction over nonresidents for enforcement.

S.B. 1312
Signed by governor 6/3/99
Public Act No. 99-113
Creates a crime when a person entices a minor to engage in prostitution or sexual activity through an interactive computer service.

H.B. 242
Signed by governor 6/23/99
Act 135
Creates the computer crime of unauthorized electronic mail when a person intentionally or recklessly distributes unsolicited bulk commercial electronic mail without authorization, falsifies electronic mail transmission information or other routing information, and gives, sells or possesses software for falsifying transmissions or other routing information. Creates the computer crime of failure to respond to a request to stop electronic mail. Extends the state's jurisdiction over out-of-state actors.

S.B. 208
Signed by governor 6/30/99
Act 232
Replaces and updates current wiretap statutes in order to become current with emerging technology. Provides explicit language to cover interception of computer information.

H.B. 213
Signed by governor 4/13/99
Act 155
Creates the Computer Pornography and Child Exploitation Prevention Act of 1999. Makes it unlawful to use a computer or other electronic means to seduce, solicit, lure or entice a child, or to engage in sexual offenses with a child. Creates the crime of computer pornography if a person intentionally provides the name or other identifying information of a child for the purpose of offering or soliciting sexual conduct with a child.

H.B. 249
Signed by governor 7/22/99
Public Act No. 91-222
Creates the crime of posting of identifying information on a pornographic Internet site when a person posts the name, address, telephone number or e-mail address of a person under age 17 or of a person over age 17 without the consent of the person.

H.B. 790
Signed by governor 7/22/99
Public Act No. 91-225
Extends the authority of a statewide grand jury to include violations facilitated by computers of indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, juvenile pimping, or child pornography.

H.B. 1099
Signed by governor 7/22/99
Public Act 91-228
Creates the offenses of fraud by wire, radio or telephone.

H.B. 2616
Signed by governor 7/22/99
Public Act 91-233
The Illinois Electronic Mail Act prohibits unsolicited electronic mail advertisements misrepresenting the point of origin or the transmission path of the advertisement; advertisements containing false or misleading information in the subject line; inserting a "program" that may damage or destroy a computer or data; falsifying electronic mail transmission information or other routing information; and giving, selling or possession of software for falsifying transmissions or other routing information. Violation of the act is a misdemeanor.

S.B. 4
Signed by governor 7/23/99
Public Act No. 91-257
Prohibits a person from creating an Internet site in Illinois that permits a person to play a game of chance or skill for money or other thing of value or to make a wager upon the result of any game, contest, political nomination, appointment or election by means of the Internet.

S.B. 109
Signed by governor 8/13/99
Public Act No. 91-517
Creates the Financial Identity Theft and Asset Forfeiture Law, relating to personal identifying information such as electronic identification numbers and digital signatures.

S.F. 309
Signed by governor 4/28/99
Chapter 78
Expands existing law relating to authorized interception of communications to include electronic communications.

Louisiana

H.B. 2228
Signed by governor 7/9/99
Act 1180
Prohibits the transmission of unsolicited bulk electronic mail without authority; the falsification of electronic mail transmission information or other routing information; and the gift, sale or possession with intent to sell software for falsifying transmissions or other routing information. Provides for a fine of up to $5,000 for violations.

S.B. 113
Signed by governor 7/12/99
Act 1337
Creates the crime of identity theft regarding the use by a person of any personal identifying information-such as an electronic identification number or digital signature-of another person to obtain anything of value without the consent of the other person.

H.B. 71
Signed by governor 5/28/99
Public Law No. 349
Creates the crime of solicitation of a child by a computer by enticing a minor to meet for the purpose of engaging in a prohibited sexual act. Subjects computer equipment to the asset forfeiture laws if used in the crime of solicitation of a child to commit a prohibited act.

H.B. 1116
Signed by governor 6/9/99
Public Law No. 444
Amends the criminal code to include electronically produced images in the definition of photograph.

H.B. 4345
Signed by governor 6/9/99
Public Act No. 39
Includes in statutory sentencing guidelines the offense of using the Internet or a computer for crimes involving minors, as enacted by S.B. 7.

S.B. 7
Signed by governor 6/1/99
Public Act No. 32
Expands the criminal code to include the use of the Internet or a computer to communicate with another person in order to commit certain crimes.

S.B. 117
Signed by governor 6/1/99
Public Act No. 33
Extends the crime of disseminating sexually explicit material to a minor through the Internet if the matter is obscene and/or the prosecuting attorney proves that the person who disseminated the material knew the recipient was a minor.

S.B. 562
Signed by governor 12/28/99
Public Act No. 235
Prohibits the use of the Internet or computers to communicate with another person to commit or conspire to commit various crimes.

S.B. 333
Signed by governor 5/25/99\
Chapter 244
Amends the definition of identity to include electronic identification numbers and telecommunication identification information for the crime of identity theft.

S.B. 1404
Signed by governor 5/24/99
Chapter 217
Prohibits the use of minors in any visual depiction, including computer-generated images that depict actual or simulated sexual conduct.

S.B. 2974
Signed by governor 3/16/99
Clarifies prohibitions on owning and operating wiretapping equipment and provides for certain exceptions.

S.B. 326
Signed by governor 4/19/99
Chapter No. 244
Provides that, with certain exceptions, it is a criminal offense to intercept communications over telephones, including cordless, cellular or satellite phones; defines "telephone;" and provides it is a crime to publish information by computer to aid in the avoidance of paying for telecommunications services.

A.B. 674
Signed by governor 5/29/99
Chapter 418
Authorizes the use of digital signatures if each party involved agrees to the usage; prohibits forgery of a digital signature; and requires the secretary of state to adopt regulations regarding digital signatures.

S.B. 485
Signed by governor 6/8/99
Chapter 530
Creates the advisory board for the Nevada Task Force for Technological Crime. Prohibits the use of encryption to commit a crime and expands existing computer crimes to provide for computer contaminants. Requires an Internet service provider to keep subscriber information confidential. Prohibits vocational training for incarcerated offenders that allows the offender to telemarket or have access to personal information concerning people who are not incarcerated. Requires state agencies to create written policies regarding the appropriate uses of the computers of the state agencies.

H.B. 345
Signed by governor 6/25/99
Chapter 141
Makes harassment via a computer a class A misdemeanor.

H.B. 706
Signed by governor 7/1/99
Chapter No. 177
Adds the criminal offenses of computer pornography and child exploitation to the criminal offenders registration statute.

A.B. 3014
Signed by governor 6/30/99
Chapter 151
Amends the Wiretapping and Electronic Surveillance Act to permit electronic surveillance in the investigation of health care fraud claims and specifies when electronic communications services must disclose subscriber communications and information to law enforcement.

H.B. 1279
Signed by governor 8/10/99
Session Law 449
Creates the crime of financial identity fraud regarding personal identifying information such as electronic identification numbers and digital signatures.

S.B. 288
Signed by governor 6/25/99
Session Law 212
Provides jurisdiction over individuals who transmit unsolicited bulk commercial electronic mail without authority from inside or outside the state. Creates the crime of computer trespass for the following actions: removing, halting, disabling or causing computer data, programs or software to malfunction; altering or making unauthorized copies of computer data, programs or software; and falsely identifying a commercial electronic mail transmission information or other routing information. Provides criminal and civil penalties.

S.B. 956
Signed by governor 7/9/99
Session Law 262
Includes the use of electronic mail communications in the prohibition against threatening to inflict bodily harm against a person, or that person's child, sibling, spouse or dependent.

S.B. 2305
Signed by governor 3/17/99
Chapter 124
Includes within the definition of "communicated in writing" those items transmitted electronically or by facsimile. Allows a court to require a defendant to refrain from access to the Internet as a condition for probation.

H.B. 3057
Signed by governor 8/20/99
Chapter 1022
Creates the crime of identity theft relating to the misuse of personal identification of another person, including electronic mail name, signature or address.

S.B. 167
Signed by governor 12/15/99
Act No. 59
Amends the criminal code to include electronic means of communication to the crimes of "terroristic threats" and "harassment and stalking by communication or address."

S.B. 798
Signed by governor 11/24/99
Act No. 55
Amends the Controlled Substance, Drug, Device and Cosmetic Act and prohibits the placing of an advertisement using electronic means, including e-mail, Internet or fax, to promote the sale of drug paraphernalia.

H.B. 5593
Signed by governor 6/29/99
Chapter 167
Allows the attorney general to apply to the court for authorization to intercept electronic communications, in addition to wire and oral communications.

S.B. 205
Signed by governor 4/7/99
Chapter 57
Amends the crime of identity theft to include the misuse of a person's electronic identification number, address, routing code, or telecommunication identifying information or access device.

H.B. 319
Signed by governor 6/19/99
Chapter 659
Relates to the penalty for tampering with certain government records and redefines a government record to include certain electronic submissions.

H.B. 875
Signed by governor 5/25/99
Chapter 206
Requires the Health and Human Services Commission to use an automated fraud investigation tracking system to monitor Medicaid service providers and recipients.

H.B. 39
Signed by governor 5/20/99
Act No. 35
Prohibits accessing a computer for fraudulent purposes and the theft, alteration or destruction of any computer or computer system. Provides for civil and criminal penalties.

H.B. 748
Signed by governor 4/7/99
Chapter 936
Prohibits any person from giving or displaying to a minor an electronic file or message containing images or words that depict sexually explicit nudity, sexual conduct or sadomasochistic abuse harmful to juveniles.

H.B. 1668
Signed by governor 3/29/99
Chapter No. 904
Extends personal jurisdiction over a person using a computer or computer network located in the Commonwealth. Prohibits the use of a computer or computer network without authority to disable, alter or cause a malfunction in computer data, programs or software; create or alter a financial instrument or electronic transfer of funds; make unauthorized copies; or falsify electronic mail transmission information or other routing information. Prohibits the gift, sale or possession of software for falsifying transmissions or other routing information. Provides criminal penalties and civil damages. (Identical to H.B. 1714, Chapter 905 and S.B. 881, Chapter 886.)

H.B. 1760
Signed by governor 3/28/99
Chapter 659
Prohibits the use of any electronic communications system to facilitate the use of minors in certain offenses.

H.B. 1011
Signed by governor 4/19/99
Chapter 27
Adds electronic communication to the definitions of "words or conduct," "contact" and "course of conduct" for the crimes of harassment and stalking.

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