BILL NUMBER: S5479
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, in relation to unauthorized use of a
smart phone or mobile device or any data contained therein
 
PURPOSE OR GENERAL IDEA OF BILL:
To protect personal information contained in cell phones in the same
manner as personal information derived from computers.
 
SUMMARY OF PROVISIONS:
Section one amends paragraph one of § 156.00 of the penal law by adding
smart phones and mobile devices to the definition of a computer. This
section also adds a paragraph 10 to § 156.00 of the penal law which adds
a new definition for smart phone or mobile device.
Section two provides the effective date.
 
JUSTIFICATION:
As use of technology in daily life has expanded, the risk of digital
crime has increased. These crimes provide perpetrators with a degree of
anonymity and, if successful, access to personal, business and govern-
mental data. Many computer crimes are committed as a means of stealing
money or valuable information, although financial gain is not always the
objective.
Computer crime laws are aimed at actions that damage, destroy or inter-
fere with computer data or operation, including the use or misuse of
data stored on computers or internal networks. These laws make a broad
range of computer activities without permission illegal, such as unau-
thorized access, computer trespassing, data copying, hacking, installing
virus, adware, or spyware, denial of services, and phishing.
The protections afforded to computer owners are not currently provided
to New Yorkers who own and use cellular devices. According to the Pew
Research Center, 96% of Americans use cell phones, with 81% using smart-
phones, which contain significant amounts of data. This bill extends
computer protections to cell phone owners, which will hopefully deter
perpetrators from undertaking activities that might harm cell phone
owners.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.947(Thomas) - Referred to Codes.
2021-22: S.140-A(Thomas) - Referred to Codes.
2019-20: S.7795(Thomas) - Referred to Codes.
 
FISCAL IMPLICATIONS:
No costs to state or local governments.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5479: 156.00 penal law, 156.00(1) penal law