PRIOR PRINTER'S NO. 293 PRINTER'S NO. 3632
No. 292 Session of 2001
INTRODUCED BY McCALL, GEORGE, MARSICO, WOJNAROSKI, BELARDI,
BELFANTI, CAPPABIANCA, CAWLEY, CIVERA, M. COHEN, COLAFELLA,
CORRIGAN, COSTA, COY, CRUZ, CURRY, EACHUS, FREEMAN, GEIST,
GRUCELA, HORSEY, JOSEPHS, KENNEY, LaGROTTA, MANN, MICHLOVIC,
PRESTON, READSHAW, ROONEY, SAINATO, SAYLOR, SEMMEL, SHANER,
SOLOBAY, STABACK, SURRA, TANGRETTI, THOMAS, TRELLO, WALKO,
WANSACZ, WOGAN, YOUNGBLOOD, YUDICHAK, SCRIMENTI, FRANKEL,
C. WILLIAMS, WASHINGTON, STEELMAN AND JAMES, JANUARY 30, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 9, 2002
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for unlawful use of computer and
4 for bases of personal jurisdiction over persons outside this
5 Commonwealth.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3933 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 3933. Unlawful use of computer.
11 (a) Offense defined.--A person commits the offense of
12 unlawful use of a computer if he, whether in person,
13 electronically or through the intentional distribution of a
14 computer virus:
15 (1) accesses, exceeds authorization to access, alters,
16 damages or destroys any computer, computer system, computer
1 network, computer software, computer program or data base or
2 any part thereof, with the intent:
3 (i) to interrupt the normal functioning of an
4 organization; or
5 (ii) to devise or execute any scheme or artifice to
6 defraud, deceive or control property or services by means
7 of false or fraudulent pretenses, representations or
8 promises;
9 (2) intentionally and without authorization accesses,
10 alters, interferes with the operation of, damages or destroys
11 any computer, computer system, computer network, computer
12 software, computer program or computer data base or any part
13 thereof;
14 (3) intentionally or knowingly and without authorization
15 gives or publishes a password, identifying code, personal
16 identification number or other confidential information about
17 a computer, computer system, computer network or data base;
18 [or]
19 (4) intentionally or knowingly engages in a scheme or
20 artifice, including, but not limited to, a denial of service
21 attack, upon any computer, computer system, computer network,
22 computer software, computer program, computer server or data
23 base or any part thereof that is designed to block, impede or
24 deny the access of information or initiation or completion of
25 any sale or transaction by users of that computer, computer
26 system, computer network, computer software, computer
27 program, computer server or data base or any part thereof[.]
28 ; or
29 (5) falsely identifies with intent to deceive the
30 recipient, or forge commercial electronic mail transmission
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1 information or other routing information in any manner in
2 connection with a transmission of unsolicited bulk commercial
3 electronic mail through or into the computer network of an
4 electronic mail service provider or its subscribers.
5 (b) Grading.--An offense under subsection (a)(1) is a felony
6 of the third degree. An offense under subsection (a)(2), (3)
7 [or], (4) or (5) is a misdemeanor of the first degree.
8 (c) Definitions.--As used in this section the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Access." To intercept, instruct, communicate with, store
12 data in, retrieve data from or otherwise make use of any
13 resources of a computer, computer system, computer network or
14 data base.
15 "Computer." An electronic, magnetic, optical, hydraulic,
16 organic or other high speed data processing device or system
17 which performs logic, arithmetic or memory functions and
18 includes all input, output, processing, storage, software or
19 communication facilities which are connected or related to the
20 device in a system or network.
21 "Computer network." The interconnection of two or more
22 computers through the usage of satellite, microwave, line or
23 other communication medium.
24 "Computer program." An ordered set of instructions or
25 statements and related data that, when automatically executed in
26 actual or modified form in a computer system, causes it to
27 perform specified functions.
28 "Computer software." A set of computer programs, procedures
29 and associated documentation concerned with the operation of a
30 computer system.
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1 "Computer system." A set of related, connected or
2 unconnected computer equipment, devices and software.
3 "Computer virus." A computer program copied to or installed
4 on a computer, computer network, computer program, computer
5 software or computer system without the informed consent of the
6 owner of the computer, computer network, computer program,
7 computer software or computer system that may replicate itself
8 and that causes unauthorized activities within or by the
9 computer, computer network, computer program, computer software
10 or computer system.
11 "Data base." A representation of information, knowledge,
12 facts, concepts or instructions which are being prepared or
13 processed or have been prepared or processed in a formalized
14 manner and are intended for use in a computer, computer system
15 or computer network, including, but not limited to, computer
16 printouts, magnetic storage media, punched cards or data stored
17 internally in the memory of the computer.
18 "Financial instrument." Includes, but is not limited to, any
19 check, draft, warrant, money order, note, certificate of
20 deposit, letter of credit, bill of exchange, credit or debit
21 card, transaction authorization mechanism, marketable security
22 or any computer system representation thereof.
23 "Property." Includes, but is not limited to, financial
24 instruments, computer software and programs in either machine or
25 human readable form, and anything of value, tangible or
26 intangible.
27 "Services." Includes, but is not limited to, computer time,
28 data processing and storage functions.
29 "Without authority." A person is without authority when the <--
30 person uses a computer or computer network or the computer
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1 services of an electronic mail service provider to transmit
2 unsolicited bulk commercial electronic mail in contravention of
3 the authority granted by or in violation of the policies set by
4 the electronic mail service provider.
5 (d) Restitution.--Upon conviction under this section for the
6 intentional distribution of a computer virus, the sentence shall
7 include an order for the defendant to reimburse the victim for:
8 (1) the cost of repairing or, if necessary, replacing
9 the affected computer, computer system, computer network,
10 computer software, computer program or data base;
11 (2) lost profit for the period that the computer,
12 computer system, computer network, computer software,
13 computer program or data base is not usable; or
14 (3) the cost of replacing or restoring the data lost or
15 damaged as a result of a violation of this section.
16 Section 2. Section 5322 of Title 42 is amended to read:
17 § 5322. Bases of personal jurisdiction over persons outside
18 this Commonwealth.
19 (a) General rule.--A tribunal of this Commonwealth may
20 exercise personal jurisdiction over a person (or the personal
21 representative of a deceased individual who would be subject to
22 jurisdiction under this subsection if not deceased) who acts
23 directly or by an agent, as to a cause of action or other matter
24 arising from such person:
25 (1) Transacting any business in this Commonwealth.
26 Without excluding other acts which may constitute transacting
27 business in this Commonwealth, any of the following shall
28 constitute transacting business for the purpose of this
29 paragraph:
30 (i) The doing by any person in this Commonwealth of
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1 a series of similar acts for the purpose of thereby
2 realizing pecuniary benefit or otherwise accomplishing an
3 object.
4 (ii) The doing of a single act in this Commonwealth
5 for the purpose of thereby realizing pecuniary benefit or
6 otherwise accomplishing an object with the intention of
7 initiating a series of such acts.
8 (iii) The shipping of merchandise directly or
9 indirectly into or through this Commonwealth.
10 (iv) The engaging in any business or profession
11 within this Commonwealth, whether or not such business
12 requires license or approval by any government unit of
13 this Commonwealth.
14 (v) The ownership, use or possession of any real
15 property situate within this Commonwealth.
16 (2) Contracting to supply services or things in this
17 Commonwealth.
18 (3) Causing harm or tortious injury by an act or
19 omission in this Commonwealth.
20 (4) Causing harm or tortious injury in this Commonwealth
21 by an act or omission outside this Commonwealth.
22 (5) Having an interest in, using, or possessing real
23 property in this Commonwealth.
24 (6) (i) Contracting to insure any person, property, or
25 risk located within this Commonwealth at the time of
26 contracting.
27 (ii) Being a person who controls, or who is a
28 director, officer, employee or agent of a person who
29 controls, an insurance company incorporated in this
30 Commonwealth or an alien insurer domiciled in this
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1 Commonwealth.
2 (iii) Engaging in conduct described in section 504
3 of the act of May 17, 1921 (P.L.789, No.285), known as
4 The Insurance Department Act of 1921.
5 (7) Accepting election or appointment or exercising
6 powers under the authority of this Commonwealth as a:
7 (i) Personal representative of a decedent.
8 (ii) Guardian of a minor or incapacitated person.
9 (iii) Trustee or other fiduciary.
10 (iv) Director or officer of a corporation.
11 (8) Executing any bond of any of the persons specified
12 in paragraph (7).
13 (9) Making application to any government unit for any
14 certificate, license, permit, registration or similar
15 instrument or authorization or exercising any such instrument
16 or authorization.
17 (10) Committing any violation within the jurisdiction of
18 this Commonwealth of any statute, home rule charter, local
19 ordinance or resolution, or rule or regulation promulgated
20 thereunder by any government unit or of any order of court or
21 other government unit.
22 (11) Sending unsolicited bulk commercial electronic mail
23 into this Commonwealth by using a computer or computer
24 network, or by using the computer services of an electronic
25 mail service provider or other intermediary in contravention
26 of the authority granted by or in violation of the policies
27 set by the electronic mail service provider or other
28 intermediary. For purposes of this paragraph, the term
29 "commercial electronic mail" shall include messages sent and
30 received electronically consisting of commercial advertising
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1 material, the principal purpose of which is to promote the
2 sale for profit or lease of goods or services for a profit.
3 (b) Exercise of full constitutional power over
4 nonresidents.--In addition to the provisions of subsection (a)
5 the jurisdiction of the tribunals of this Commonwealth shall
6 extend to all persons who are not within the scope of section
7 5301 (relating to persons) to the fullest extent allowed under
8 the Constitution of the United States and may be based on the
9 most minimum contact with this Commonwealth allowed under the
10 Constitution of the United States.
11 (c) Scope of jurisdiction.--When jurisdiction over a person
12 is based solely upon this section, only a cause of action or
13 other matter arising from acts enumerated in subsection (a), or
14 from acts forming the basis of jurisdiction under subsection
15 (b), may be asserted against him.
16 (d) Service outside this Commonwealth.--When the exercise of
17 personal jurisdiction is authorized by this section, service of
18 process may be made outside this Commonwealth.
19 (e) Inconvenient forum.--When a tribunal finds that in the
20 interest of substantial justice the matter should be heard in
21 another forum, the tribunal may stay or dismiss the matter in
22 whole or in part on any conditions that may be just.
23 Section 3. This act shall take effect in 60 days.
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